On March 19, 2026, FERC approved Southwest Power Pool, Inc.’s (SPP) proposal to establish a Consolidated Planning Process (CPP) framework to streamline its regional transmission planning and generator interconnection process. FERC determined that SPP’s CPP framework complies with the regional transmission planning and cost allocation requirements of Order Nos. 890 and 1000, as well as the generator interconnection rules of Order Nos. 2003 and 2023. FERC accepted SPP’s proposed tariff revisions to implement CPP effective March 1, 2026, and directed SPP to submit a compliance filing making certain limited changes to the tariff revisions.
PJM Proposes Expedited Generator Interconnection Track
On February 27, 2026, PJM Interconnection, L.L.C. (PJM) filed revisions to its Open Access Transmission Tariff (Tariff) to establish an Expedited Interconnection Track process for Generating Facilities (EIT Process). According to the filing, the proposed EIT Process would enable PJM to consider up to 10 expedited interconnection requests per calendar year for large new or uprated Capacity Resources. PJM requested an effective date of July 31, 2026, for the tariff revisions implementing the proposed EIT Process and requested an order from FERC by May 28, 2026.
FERC Accepts PJM’s Replacement Generation Interconnection Process
On January 29, 2026, FERC accepted PJM Interconnection, L.L.C.’s (PJM) revisions to its Open Access Transmission Tariff (Tariff) to create a separate, fast‑track interconnection process for “Replacement Generation Resources” that assume Capacity Interconnection Rights (CIRs) from retiring generators. The new process is intended to bring replacement capacity online more quickly, limit how long CIRs sit unused, and run in parallel with PJM’s interconnection queue.
D.C. Circuit Confirms FERC’s Section 206 Authority to Reprice PJM Capacity Auctions Despite Third Circuit Section 205 Ruling
On January 13, 2026, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in FERC v. PJM Interconnection, LLC., et al., held that FERC erred in concluding that a prior decision of the United States Court of Appeals for the Third Circuit (Third Circuit) foreclosed its authority under Section 206 of the Federal Power Act (FPA) to review and potentially modify PJM’s 2024/2025 capacity auction results. The court ruled that the Third Circuit’s application of the filed‑rate doctrine to PJM’s tariff amendment under Section 205 did not decide whether FERC could, in a separate proceeding, determine that the re‑run auction’s outcome was unjust and unreasonable and grant relief under Section 206.
FERC Upholds Application of SFV Rate Design to NGPA Section 311 Service
On December 18, 2025, FERC maintained that gas pipelines offering service under section 311 of the Natural Gas Policy Act (NGPA) that base their section 311 rates on state-approved rates must nonetheless comply with Straight-Fixed Variable (SFV) rate design or justify a departure from SFV. Specifically, FERC denied Matterhorn Express
FERC Stabilizes Oil Pipeline Price Index Levels for 2021-2026 Period
On November 20, 2025, FERC took several steps aimed at finalizing oil pipeline price index levels for the July 1, 2021, to June 30, 2026, time period (“2021-2026 Period”). First, FERC set the oil pipeline index level for the 2021-2026 Period at PP-FG+0.78% (“Initial Index”), consistent with the index level it originally set in December 2020. FERC also issued remedial relief through a rehearing order to applicable oil pipelines for the March 1, 2022, to September 17, 2024, time period in which an index level of PPI-FG-0.21% (“Rehearing Index”) was in effect. The relief ordered by FERC will allow qualifying pipeline to recover amounts they would have otherwise charged under the Initial Index while the Rehearing Index prices were in effect. Finally, FERC withdrew a Supplemental Notice of Proposed Rulemaking (“Supplemental NOPR”) in which FERC sought to proactively set the Rehearing Index as the index level for the remainder of the 2021-2026 Period.
FERC Grants ISO-NE Waiver in Capacity Scarcity Penalty Case
On October 31, 2025, FERC granted ISO New England’s (ISO-NE) request for a limited waiver of its Tariff and Billing Policy to refund, approximately $68,000 in Capacity Performance charges to Brookfield White Pine Hydro LLC (Brookfield). The waiver relates to six five-minute intervals during a June 24, 2025 Capacity Scarcity Condition in which Harris Hydro Station’s Unit 2 (Harris 2) was manually held below its EcoMax[1] because ISO-NE allowed a non-commercial Large Generating Facility to operate on a constrained transmission line, thereby limiting Harris 2’s output and triggering an underperformance assessment.
Senate Confirms Commissioners Swett and LaCerte to Fill Remaining FERC Seats
On October 7, 2025, the U.S. Senate confirmed the nominations of Laura V. Swett and David A. LaCerte as FERC Commissioners. Once they are sworn in as Commissioners, they will fill the remaining two seats on the five-member Commission. Commissioner Swett’s term ends on June 30, 2030, and she will
FERC Sunsets 53 Regulations in Response to April Executive Order
On October 1, 2025, the Federal Energy Regulatory Commission issued a final rule revising 53 regulations to include conditional sunset provision in response to the April 2025 Executive Order titled “Zero-Based Regulatory Budgeting to Unleash American Energy.” FERC, along with nine other agencies, was required to establish one-year
Divided Panel of the D.C. Circuit Upholds FERC’s Interpretation of PURPA Size Limitations Based on “Send Out” Capacity
On September 9, 2025, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) on remand from the U.S. Supreme Court upheld FERC’s order granting Broadview Solar, LLC’s (“Broadview”) hybrid solar and battery project qualifying facility (“QF”) status based on FERC’s interpretation of the Public Utility Regulatory Policies Act of 1978 (“PURPA”). Specifically, even without the benefit of Chevron deference (discussed below), the D.C. Circuit reaffirmed FERC’s interpretation that PURPA’s 80 MW statutory size limitation should be applied using the capacity a QF can “send out” to the grid, even if the facilities have a higher aggregate generating capacity.