On November 24, 2025, the U.S. District Court for the Middle District of North Carolina denied American Efficient LLC’s (American Efficient) preliminary injunction seeking to halt FERC’s civil enforcement proceedings for alleged market manipulation and tariff violations. American Efficient argued that FERC’s process violated the Seventh Amendment and Article III of the U.S. Constitution by denying its right to a jury trial in an Article III court. The Court held that the Federal Power Act’s (FPA) scheme—allowing FERC to assess a penalty but requiring the government to obtain a de novo jury trial in federal court before any penalty can be enforced—satisfies requirements under the Constitution.
MISO to Expand Number of Interconnection Requests it Can Study on Expedited Basis
On November 25, 2025, FERC accepted the Midcontinent Independent System Operator, Inc.’s (MISO) proposal to expand the number of interconnection requests MISO may study under its temporary, fast-tracked generator interconnection process. FERC concluded that the proposal will help ensure interconnection customers are able to interconnect to the MISO transmission system in a reliable, efficient, and timely manner.
Watt’s Up, ERCOT?
Co-hosts Bill Derasmo and Casey Bell sit down with OCI Energy President Sabah Bayatli to unpack OCI’s approach to utility‑scale solar and four‑hour battery storage, explain why ERCOT remains a prime market in Texas, and examine how data centers and AI are reshaping power demand.
Texas Receives Class VI Primacy: What CCS Developers Need to Know
Last week, the U.S. Environmental Protection Agency (EPA) announced that it will formally grant the Railroad Commission of Texas (RRC) primary authority (known as “primacy”) to administer the Class VI Underground Injection Control (UIC) program for the geologic sequestration of carbon dioxide under the Safe Drinking Water Act. With this approval, developers pursuing carbon capture and storage (CCS) projects in Texas will work directly with the RRC for Class VI well permitting, rather than navigating the EPA’s permit queue.
FERC Grants ISO-NE Waiver in Capacity Scarcity Penalty Case
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.
Fifth Circuit Rejects Pipeline’s and Challengers’ Petitions for Review of FERC Order Certificating GTN Expansion Project
On October 28, 2025, the U.S. Court of Appeals for the Fifth Circuit (Fifth Circuit) denied several petitions for review of FERC’s authorization of Gas Transmission NW, LLC’s (GTN) GTN Xpress compressor expansion project (Project). Specifically, the Fifth Circuit (1) denied GTN’s petition for review challenging FERC’s denial of a…
FERC Staff Audit Report Identifies CIP Standard Compliance Risks in FY2025
On October 20, 2025, FERC Staff issued a report outlining areas of risk to the reliability of the electric grid based on non-public Critical Infrastructure Protection (CIP) Audits of U.S. based North American Electric Reliability (NERC) registered entities’ (Registered Entities) compliance with CIP Reliability Standards during Fiscal Year 2025 (FY2025).
NASA to Grid: The Journey of Nickel-Hydrogen Batteries With Majid Keshavarz, EnerVenue
Join host Bill Derasmo as he chats with Dr. Majid Keshavarz, chief technology officer at EnerVenue. They trace the evolution of nickel‑hydrogen batteries from their NASA origins in the 1970s — proven on missions like Hubble, the ISS, and Mars — to today’s grid applications. Tune in to learn how this inherently safe chemistry delivers decades‑long service life, high cycle counts, and recyclable materials for long‑duration, grid‑scale storage.
FERC Accepts SPP’s Provisional Load Interconnection Process
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.
Senate Confirms Commissioners Swett and LaCerte to Fill Remaining FERC Seats
On October 7, 2025, the U.S. Senate confirmed the nominations of Laura V. Swett and David A. LaCerte as FERC Commissioners. Once they are sworn in as Commissioners, they will fill the remaining two seats on the five-member Commission. Commissioner Swett’s term ends on June 30, 2030, and she will…