On February 20, 2025, FERC found that the PJM Interconnection, L.L.C. (“PJM”) Open Access Transmission Tariff (“OATT”) appears to be unjust and unreasonable because it does not address with clarity or consistency the rates, terms, and conditions of service that apply to co-location arrangements and therefore directed PJM to show cause as to why the OATT, the Amended and Restated Operating Agreement of PJM, and Reliability Assurance Agreement Among Load Serving Entities in the PJM region (collectively, “Tariffs”) are just and reasonable or explain what changes to the Tariffs would remedy FERC’s concerns regarding co-location arrangements.  In a separate order issued on February 20, 2025, FERC also rejected a proposal from certain Exelon transmission-owning utilities (“Exelon Companies”) to revise their transmission rate schedules attached to the PJM OATT to clarify that co-located load that is synchronized to the grid must be designated as network load or receive point-to-point transmission service.

On November 1, 2024, FERC Commissioners led a technical conference at their headquarters in Washington, DC, on issues pertaining to co-locating large loads at generating facilities. FERC Commissioners asked questions of individuals across the energy industry into how large loads, and data centers in particular, are impacting the grid and

On November 1, 2024, the Federal Energy Regulatory Commission (“FERC”) rejected an amended Interconnection Service Agreement (“ISA”) filed by PJM Interconnection, L.L.C. (“PJM”) that proposed increasing the co-located data center load at a Susquehanna Nuclear, LLC (“Susquehanna”) nuclear generating facility. FERC held that PJM did not meet FERC’s “high burden”

On September 10, 2024, FERC issued an Order denying two complaints.  The first complaint was filed on January 23, 2023 by Montana-Dakota Utilities Company (“MDU”) against Midcontinent Independent System Operator, Inc. (“MISO”) and Southwest Power Pool, Inc. (“SPP”).  The second complaint was filed on March 8, 2024 by MISO against