Dixon Wallace

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On October 10, 2025, FERC accepted Southwest Power Pool, Inc.’s (“SPP”) proposed revisions to its Open Access Transmission Tariff (“OATT”) to establish a provisional load interconnection process. SPP argued the provisional load interconnection process is driven by an increase in requests for load additions and will improve transmission planning and encourage new generation resources to come online by allowing SPP to study interconnection requests while accounting for planned generation. FERC accepted the tariff revisions subject to further compliance, finding the provisional load interconnection process will allow SPP to better understand the impacts of load requests and identify necessary network upgrades.

On September 30, 2025, the D.C. Circuit Court of Appeals denied a joint petition for review brought by Sierra Club and Appalachian Voices (together, Petitioners) challenging FERC’s grant of a certificate of public convenience and necessity (CPCN) to Tennessee Gas Pipeline Company (Tennessee Gas) to construct a new natural gas…

On September 18, 2025, FERC accepted in part and denied in part the Maine Office of Public Advocate’s (“Maine OPA”) request for eight New England Transmission Owners (“Identified NETOs”) to answer information requests as part of the Information Exchange Period within their Formula Rate Protocols (“Protocols”). Three of the Identified NETOs must now answer Maine OPA’s information requests regarding procedures for evaluating the need for asset condition projects; all Identified NETOs must provide information on their respective procedures for ensuring asset condition projects are not placed in service before such projects are needed.

On February 28, 2025, FERC granted a request by Holtec Palisades, LLC (“Holtec”) for waiver of certain provisions of the Midcontinent Independent System Operator, Inc. (“MISO”) Open Access Transmission, Energy and Operating Reserve Markets Tariff (“Tariff”) to prevent the termination of interconnection service to the Palisades Nuclear Plant (“Palisades”). Absent the requested waiver, Palisades’ interconnection service in MISO was set to terminate on May 20, 2025, which would have delayed its return to commercial operations as Palisades progresses through the recommissioning process. According to Holtec’s waiver request, Palisades is set to become the first suspended nuclear plant to return to active service in the United States.

On February 20, 2025, FERC denied Great Basin Transmission, LLC’s (“Great Basin”) request for two transmission incentives for Great Basin’s Southwest Intertie Project-North Transmission Line and associated upgrades to Great Basin’s existing One Nevada Transmission Line (together, the “Project”). FERC found that Great Basin did not demonstrate that the Project…

On January 28, 2025, FERC accepted the New York Independent System Operator, Inc.’s (“NYISO”) proposed revisions to its Market Administration and Control Area Services Tariff (“Services Tariff”).  The revisions define the demand curves in the Installed Capacity (“ICAP”) Market for the 2025/2026 Capability Year and implement a quadrennial process, known as the Demand Curve reset (“DCR”), which outlines the methodologies and inputs for subsequent annual updates to the ICAP Demand Curves for the 2026/2027, 2027/2028, and 2028/2029 Capability Years.    

On December 5, 2024, the Federal Energy Regulatory Commission (“FERC”) approved Public Service Electric and Gas Company’s settlement agreement (“PSE&G”) to pay a $6.6 million civil penalty to resolve an ongoing investigation with FERC’s Office of Enforcement (“FERC Enforcement”). According to FERC’s order, the underlying investigation involved PSE&G’s alleged failure to provide full and accurate information when seeking approval from PJM Interconnection, L.L.C. (“PJM”) to replace a transmission line in New Jersey as part of the PJM Regional Transmission Expansion Plan (“RTEP”) process. PSE&G also agreed to submit to annual compliance monitoring for up to two years as part of the approved Stipulation and Consent Agreement (“Stipulation”).

On December 5, 2024, the U.S. Court of Appeals for the Third Circuit heard oral arguments in Transource Pennsylvania LLC v. Steven M. Defrank, et.al. The case presents the question of potential tension between FERC’s exclusive authority over transmission planning and a state’s siting authority. The court has not yet decided the case.