FERC Practice

Subscribe to FERC Practice via RSS

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.

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 February 19, 2026, FERC dismissed a complaint filed by Baltimore Gas and Electric Company (BGE) against Transcontinental Gas Pipe Line Company, LLC (Transco) asserting that BGE had a contractual right to challenge its negotiated rate with Transco pursuant to section 5 of the Natural Gas Act (NGA). FERC held that BGE contractually waived its NGA section 5 rights with respect to its negotiated rate, and BGE therefore was required to pay the negotiated rate.

On January 29, 2025, FERC issued a certificate of public convenience and necessity (CPCN) to Transcontinental Gas Pipe Line Company, LLC (Transco) to construct and operate its Southeast Supply Enhancement Project (Project).

The Project expands Transco’s existing natural gas transmission system in Virginia and North Carolina and will add approximately…

On January 29, 2026, FERC accepted PJM Interconnection, L.L.C.’s (PJM) revisions to its Open Access Transmission Tariff (Tariff) to create a separate, fast‑track interconnection process for “Replacement Generation Resources” that assume Capacity Interconnection Rights (CIRs) from retiring generators. The new process is intended to bring replacement capacity online more quickly, limit how long CIRs sit unused, and run in parallel with PJM’s interconnection queue.

On January 13, 2026, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in FERC v. PJM Interconnection, LLC., et al., held that FERC erred in concluding that a prior decision of the United States Court of Appeals for the Third Circuit (Third Circuit) foreclosed its authority under Section 206 of the Federal Power Act (FPA) to review and potentially modify PJM’s 2024/2025 capacity auction results. The court ruled that the Third Circuit’s application of the filed‑rate doctrine to PJM’s tariff amendment under Section 205 did not decide whether FERC could, in a separate proceeding, determine that the re‑run auction’s outcome was unjust and unreasonable and grant relief under Section 206.

On January 14, 2026, FERC accepted the Southwest Power Pool, Inc.’s (SPP) revisions to its Open Access Transmission Tariff (Tariff) to create a High Impact Large Load (HILL) study process and High Impact Large Load Generation Assessment (HILLGA) process. The HILL study process establishes study and operational requirements for HILLs connecting to SPP’s transmission system. The HILLGA is a new interconnection process for interconnection requests of generation resources necessary to serve HILLs. The Tariff revisions are effective as of January 15, 2026.

On December 29, 2025, FERC terminated the hydropower license for the 0.9-megawatt Au Train Hydroelectric Project (FERC Project No. 10856), located on the Au Train River in Alger County, Michigan (Termination Order). FERC concluded that termination of the license by “implied surrender” was warranted because the project’s licensee, UP Hydro, LLC (UP Hydro), had abandoned good-faith operation of the project through years of safety violations, loss of control over project lands, and financial collapse. The order ends more than two decades of federal oversight over the project and transfers regulatory authority to the State of Michigan to oversee the decommissioning of the dam.