On May 13, 2026, FERC granted rehearing, in part, of its November 26, 2025 order issuing a new license to Bear Swamp Power Company, LLC (Bear Swamp) for its 676 megawatt (MW) Bear Swamp Hydroelectric Project (Project) on the Deerfield River in Berkshire and Franklin Counties, Massachusetts. FERC’s order addressed Bear Swamp’s rehearing request challenging license Article 403(2), which required maintenance of impoundment elevations between 830 and 835 feet from 10 a.m. to 12 p.m. on certain days per year to support whitewater boating. In its rehearing order, FERC revised license Article 403(2) to clarify that Bear Swamp would not be in violation of its license for deviating from the impoundment elevation requirements when doing so at ISO-NE’s direction to maintain grid reliability.
FERC Streamlines Reviews to Expedite Actions at Hydropower Projects
On July 16, 2026, the Federal Energy Regulatory Commission (FERC or Commission) unanimously approved measures in two orders streamlining its National Environmental Policy Act (NEPA) review procedures for certain hydropower-related actions with minimal environmental impacts. In the first order, FERC issued a final rule that expands an existing Categorical Exclusion (CE)—a designation that allows an agency to skip preparing a detailed environmental review document—to cover Commission-initiated terminations and revocations of hydropower licenses and exemptions where there will be little to no ground disturbance and little to no change in reservoir conditions or downstream water flows. In the second order, FERC adopted two recreation-related CEs implemented by Tennessee Valley Authority (TVA) that will allow FERC to skip detailed environmental review when authorizing small-scale recreation facility improvements, such as trails, fishing access sites, campgrounds, and parking areas, at FERC-licensed hydropower projects.
In her comments on the orders at the Commission’s July 16 open meeting, Chairman Swett stated that the Commission “must move important approvals forward quickly while ensuring we fully meet our NEPA obligations. Today’s actions are practical, common-sense solutions that streamline our hydropower environmental review process and allow us to better focus our efforts on reviewing large-scale projects.”
FERC Issues NOPR Proposing Revisions to Annual and Quarterly Financial Forms
On June 18, 2026, FERC issued a Notice of Proposed Rulemaking (NOPR) seeking industry comments on proposed revisions to various FERC annual and quarterly financial reporting forms. The NOPR proposes revisions to FERC Form Nos. 1 (Annual Report of Major Electric Utilities, Licensees, and Others), 1-F (Annual Report for Nonmajor
FERC Proposes Increased Cost Limits and Other Changes to Natural Gas Blanket Certificate Program
On May 21, 2026, the Federal Energy Regulatory Commission (FERC) proposed changes to its natural gas blanket certificate regulations to expand the scope and scale of projects that interstate natural gas pipelines may construct without a case-specific authorization order, and to increase the cost limits for such projects. In a companion order issued the same day, FERC extended a previously granted temporary waiver so that projects constructed and placed in service by May 31, 2028 may continue to rely on an increased prior-notice cost limit.
Congress Enacts S. 1020 to Extend Hydropower Construction Deadlines
On May 11, 2026, the President signed into law S. 1020, sponsored by Senators Steve Daines (R-Mont.) and John Fetterman (D-Pa.), which modifies the timelines under which certain federally licensed hydropower projects must begin construction. The law focuses on a defined set of “covered projects” and provides the Federal Energy Regulatory Commission (FERC) with additional authority to extend construction‑start deadlines beyond what is currently permitted under the Federal Power Act.
FERC Issues Draft Revised Cybersecurity Guidance for Hydropower Projects (Section 9.0)
On April 17, 2026, staff of the Federal Energy Regulatory Commission (FERC or Commission) released a draft revised Section 9.0 of its Security Program for Hydropower Guidance addressing cybersecurity for hydropower projects. FERC staff explains that the revisions are intended to modernize the existing guidance to reflect technological advancements, lessons learned from inspections and audits, and evolving practices for protecting cyber and control-system assets. Comments on the draft are due Monday, May 18, 2026.
FERC Commits to June 2026 Action in Large Load Interconnection Rulemaking
On April 16, 2026, FERC announced that it will move forward with reforms to govern how large loads interconnect to the interstate transmission system, committing to take action in its pending rulemaking in Docket No. RM26‑4‑000 by the end of June 2026. In its order, FERC stated that it will address the rapid growth of large loads, including data centers, by establishing a framework to ensure that such loads can connect to the transmission system in a timely, orderly, and non‑discriminatory manner, and that it intends to do so in a way that is “quick, efficient, and legally durable.”
FERC Approves Golden Triangle’s Spindletop Expansion Project, Reaffirms Market-Based Rates
On March 19, 2026, the Federal Energy Regulatory Commission (“FERC”) granted Golden Triangle Storage, LLC (“Golden Triangle”) a certificate of public convenience and necessity under section 7(c) of the Natural Gas Act for its Spindletop Expansion Project (“Spindletop” or “Project”) in Jefferson County, Texas, subject to detailed engineering and environmental conditions. In the same order, FERC reaffirmed Golden Triangle’s authority to charge market-based rates for storage and hub services and granted associated waivers of cost-based accounting and reporting requirements.
FERC Approves SPP “System Support Resource” Program to Manage Generator Retirements
On March 19, 2026, FERC approved Southwest Power Pool, Inc.’s (SPP) System Support Resource (SSR) program to allow SPP, under specified conditions, to keep certain generating units that plan to retire temporarily online when they are needed to maintain reliability of the bulk electric system in the SPP region. In doing so, FERC found that SPP’s proposal appropriately balanced the need to maintain reliability with generator owners’ ability to implement their business plans.
Senators Introduce REWIRE Act of 2026 to Address Electric Grid Capacity and Planning
On March 2, 2026, U.S. Senators Dave McCormick (R‑PA) and Peter Welch (D‑VT) introduced the Reconductoring Existing Wires for Infrastructure Reliability and Expansion (REWIRE) Act of 2026, a bipartisan bill that would modify federal permitting rules and address upgrades to the existing U.S. electric transmission system. The legislation proposes, among other things, to create a National Environmental Policy Act (NEPA) categorical exclusion for certain grid capacity projects in existing rights-of-way, direct FERC to revise its rules on return on equity for advanced transmission conductors, authorize additional uses of the Department of Energy (DOE) State Energy Program funds, and establish new DOE programs for grid modeling and technical assistance.