Market Policy

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On September 29, 2026, the Federal Energy Regulatory Commission (“FERC”) accepted PJM Interconnection, L.L.C.’s (“PJM”) Reliability Backstop Procurement proposal (“RBP Proposal”), suspending the proposal for five months and establishing a paper hearing on three elements of the RBP Proposal: (1) cost allocation; (2) Transmission Owner (“TO”) exit provisions; and (3) Load-Serving Entity (“LSE”) collateral requirements. FERC also established a Federal Power Act (“FPA”) section 206 proceeding in anticipation of any changes to the RBP Proposal that may result from the paper hearing. The order, however, encourages PJM to bypass the paper hearing process by submitting a new FPA section 205 proposal that addresses the concerns described in FERC’s order.

On September 14, 2026, FERC approved changes to ISO New England Inc.’s (ISO-NE) Day-Ahead Ancillary Services (DA A/S) market to reduce costs and improve efficiency. The market incurred more than $900 million in costs during its first year, and ISO-NE estimates the revisions will save approximately $23 million annually. FERC’s approval of ISO-NE’s proposal will adjust how ISO-NE forecasts next-day energy needs and set a new floor on the price at which resources become financially exposed for failing to perform. The revisions take effect on October 22, 2026.

On August 28, 2026, FERC granted Hillsboro Solar, LLC’s (Hillsboro) authorization to make wholesale sales of electric energy, capacity, and ancillary services at market-based rates (MBR) on the condition that Hillsboro adopt the same market power mitigation as Hillsboro’s affiliate, Duke Energy Florida, LLC (Duke Energy Florida) in certain balancing authority areas (BAAs). In doing so, FERC emphasized that long-standing Commission precedent requires an MBR seller to include the same market power mitigation as any mitigated affiliate in its tariff in order to obtain MBR authority.

On July 16, 2026, FERC issued an order directing California Independent System Operator Corporation (CAISO) and Southwest Power Pool, Inc. (SPP) to submit a joint report by September 30, 2026, on their efforts to coordinate operations along Western market seams. FERC specifically requests that CAISO and SPP: 1) provide details on efforts to date to address seams and market coordination, 2) identify seams and market coordination issues created by the development of organized markets in the West, 3) provide a plan for addressing identified issues, and 4) identify areas where market operators are not aligned on next steps.

On May 29, 2026, FERC approved revisions to the ISO New England, Inc.’s (ISO-NE) proposed market rules for the participation of Distributed Energy Resources (DERs) and to implement a one-time extension to the period in which resources are required to resume commercial operation following a forced outage. FERC held that the tariff revisions are just and reasonable because they address a gap in ISO-NE’s rules created during the Order No. 2023 compliance process wherein there was no longer a process for DERs to establish Network Resource Capability (NRC) and/or Capacity Network Resource Capability (CNRC), which are necessary to participate in ISO-NE’s markets, and because they balance needed resource flexibility while ensuring timely repair after an outage.

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 December 30, 2025, ISO New England Inc. (ISO-NE) and the New England Power Pool Participants Committee (NEPOOL) filed proposed revisions to ISO-NE’s Transmission, Markets and Services Tariff (Tariff) to establish a prompt capacity market and deactivation framework (CAR-PD) to be implemented starting with the proposed framework’s first annual capacity auction cycle for the June 1, 2028 – May 31, 2029 capacity commitment period (2028/2029 Delivery Period). If accepted, the prompt capacity market will replace ISO-NE’s three-year Forward Capacity Market (FCM). ISO-NE requests that the Commission accept its proposed reforms, effective March 31, 2026.

On November 17, 2025, FERC accepted the Midcontinent Independent System Operator, Inc.’s (MISO) proposed revisions to its Open Access Transmission Tariff (OATT) to modify real power testing requirements for Demand Resources. MISO specifically proposed more stringent requirements for Demand Resources seeking waiver of performing real power tests and real power tests for Demand Resources using a firm service level baseline. FERC accepted the proposed revisions as just and reasonable, finding the proposed revisions standardize testing procedures for Demand Resources.

On October 31, 2025, FERC granted ISO New England’s (ISO-NE) request for a limited waiver of its Tariff and Billing Policy to refund, approximately $68,000 in Capacity Performance charges to Brookfield White Pine Hydro LLC (Brookfield).  The waiver relates to six five-minute intervals during a June 24, 2025 Capacity Scarcity Condition in which Harris Hydro Station’s Unit 2 (Harris 2) was manually held below its EcoMax[1] because ISO-NE allowed a non-commercial Large Generating Facility to operate on a constrained transmission line, thereby limiting Harris 2’s output and triggering an underperformance assessment.

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.