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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 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…

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 30, 2025, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) vacated and remanded FERC’s order approving a two-tiered fuel rate structure for Antero Resource Corporation’s (“Antero”) usage of Tennessee Gas Pipeline Company, L.L.C.’s (“Tennessee Gas”) Broad Run Expansion Project (“Expansion Project”). The D.C. Circuit held FERC’s approval of the rate structure was arbitrary and capricious because it required Antero to always pay for the highest fuel rates irrespective of the segment’s actual operations.

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.

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 August 29, 2025, FERC issued three orders accepting tariff revisions proposed by PacifiCorp and Portland General Electric (“PGE”) to enable both utility’s participation in the California Independent System Operator Corporation’s (“CAISO”) Extended Day-Ahead Market (“EDAM”) and accepting CAISO’s proposed tariff revisions which modify the EDAM’s allocation of congestion revenues. The three orders issued by FERC clear the way for PacifiCorp and PGE, the first two entities to file tariff revisions to participate in the EDAM, to enter the market in 2026.

On August 25, 2025, the Federal Energy Regulatory Commission (“FERC”) granted NextEra Duane Arnold, LLC (“NEDA”) a waiver of certain sections of the Midcontinent Independent System Operator, Inc.’s (“MISO”) tariff to use MISO’s generating facility replacement process for the recommissioning of the Duane Arnold nuclear power facility (“Project”) in Palo, Iowa. The order also extends the Project’s commercial operation date to December 31, 2029.