Dixon Wallace

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On May 21, 2026, FERC denied a complaint filed by Gaston Green Acres Solar, LLC (Gaston) and Bethel NC Hwy 11 Solar, LLC (Bethel) (collectively, with Gaston, Complainants) against PJM Interconnection, L.L.C. (PJM) arguing: (1) PJM’s Open Access Transmission Tariff (Tariff) is unjust and unreasonable because it prevented Complainants from withdrawing their generation projects from PJM’s generator interconnection process Transition Cycle No. 1 without penalty, and (2) in the alternative, FERC should order PJM to issue Bethel its own generation interconnection agreement (GIA) if PJM’s Tariff is not deemed to be unjust and unreasonable in this regard. FERC denied the complaint, finding the Complainants did not satisfy their burden under Federal Power Act section 206, failed to identify Tariff provisions requiring the issuance of a GIA for Bethel, and did not demonstrate that PJM violated its Tariff.

On March 19, 2026, FERC issued Order No. 919, which approved eleven proposed Critical Infrastructure Protection (CIP) Reliability Standards, four new definitions, and eighteen proposed revised definitions to the North American Electric Reliability Corporation’s (NERC) Glossary of Terms Used in Reliability Standards (NERC Glossary). FERC asserted that the new and revised definitions and new CIP Reliability Standards will support entities’ adoption of virtualization, which will improve the reliability of the Bulk-Power System against cyber security threats. NERC’s revisions will become effective the first day of the first calendar quarter that is 24 months after Order No. 919’s May 26, 2026, effective date, or April 1, 2028.

On February 10, 2026, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) upheld FERC’s order accepting revisions to the PJM Interconnection, L.L.C. (PJM) Open Access Transmission Tariff (Tariff) to prohibit Energy Efficiency Resources (EERs) from participating in PJM’s capacity market auctions starting with the 2026/2027 Delivery Year auction. The court held that FERC’s acceptance of PJM’s proposal to sunset EERs’ participation in capacity auctions did not run afoul of the filed-rate doctrine, nor was it arbitrary and capricious.

On November 25, 2025, FERC accepted the Midcontinent Independent System Operator, Inc.’s (MISO) proposal to expand the number of interconnection requests MISO may study under its temporary, fast-tracked generator interconnection process. FERC concluded that the proposal will help ensure interconnection customers are able to interconnect to the MISO transmission system in a reliable, efficient, and timely manner.

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…