FERC Practice

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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 May 19, 2026, the U.S. Court of Appeals for the District of Columbia Circuit (DC Circuit) dismissed Cage Ranch Solar LLC’s and Cage Ranch Solar II, LLC’s (collectively, Cage Ranch) consolidated petitions for review of FERC orders denying Cage Ranch’s complaint and waiver request, which sought to set aside a deadline by which Southwest Power Pool, Inc.’s (SPP) tariff (Tariff) required Cage Ranch to post financial security for network upgrade costs to support its interconnection requests and maintain its queue position.  The DC Circuit dismissed the petitions for failure to demonstrate a concrete injury in fact necessary to establish Article III standing.

On April 24, 2026, FERC issued a Final Rule establishing a Producer Price Index for Finished Goods (PPI-FG) minus 0.55% for oil pipelines. The Commission set the revised PPI-FG for a five-year period, July 1, 2026 through June 30, 2031. In setting the revised index, FERC “trimmed” the utilized cost data to the middle 80% of cost changes, declined to incorporate certain Form 6 cost data that was resubmitted in 2025, and adjusted the page 700 data set to reflect the Commission’s return on equity (ROE) policy changes based on the 2020 index review. The Final Rule is effective June 29, 2026.

On April 28, 2026, FERC accepted PJM Interconnection, L.L.C.’s (PJM) Open Access Transmission Tariff (Tariff) revisions to establish a price cap and floor for all Reliability Pricing Model (RPM) auctions for the 2028/2029 and 2029/2030 Delivery Years, finding that the price cap and floor will allow PJM to signal the need for additional resources while protecting customers from higher prices.

On March 19, 2026, in Opinion No. 594, FERC issued a long-awaited decision in litigation about the base Return on Equity (ROE) to be earned by the New England Transmission Owners (NETOs). Previous iterations of the Commission had failed to address the 2017 remand from the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in Emera Maine v. FERC. FERC set the NETOs’ ROE at 9.57%. In addition to applying that new ROE going forward, FERC backdated the new rate to October 16, 2014, and ordered the NETOs to issue refunds with interest to implement that directive. FERC separately required refunds for the 15-month refund period from October 1, 2011, through December 31, 2012. FERC’s authority to backdate new rates under section 206 has been challenged in other cases recently.

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.

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.

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.