On May 14, 2025, FERC accepted Southwest Power Pool, Inc.’s (“SPP”) proposed revisions to its Open Access Transmission Tariff (“OATT”) to modify its high priority transmission study planning process. SPP argued these changes will allow transmission studies to better address transmission issues identified by stakeholders by expanding the scope of such studies to allow for considerations beyond economic benefits and costs, such as short-circuit and dynamic stability. FERC accepted the proposed OATT revisions as just and reasonable, finding the revised process to satisfy the goals of FERC Order No. 890 and allow SPP’s studies to address the specific needs of stakeholders.
Fifteen States Sue the Trump Administration Over “Energy Emergency” Executive Order
On May 9, 2025, fifteen democratic states (“Plaintiff States”) sued the Trump Administration in Washington District Court, claiming that President Trump’s executive order “Declaring a National Energy Emergency” (“Executive Order”) is unlawful. The Plaintiff States argue that the Executive Order commands federal agencies to disregard the law and applicable regulations to fast-track activities that will damage waters, wetlands, endangered species, and the people and wildlife that rely on these resources.
FERC Enforces “Rule of Reason,” Requiring CAISO to Embed Business Practice Manual Provision in Tariff
On April 29, 2025, FERC partially granted rehearing in the case of Cometa Energia, S.A. de C.V. (“Saavi”) against the California Independent System Operator Corporation (“CAISO”), finding a provision of CAISO’s Business Practice Manual for Reliability Requirements (“Business Practice Manual”) must be included in CAISO’s tariff under the “rule of reason,” as the provision significantly impacts rates and services. In its underlying complaint, Saavi argued that CAISO unlawfully terminated the deliverability status of its 181.5 megawatt generating unit (“Project”). In its rehearing order, FERC agreed that under the “rule of reason” CAISO should have reflected the deliverability status provision of its Business Practice Manual in its tariff, but FERC declined to reinstate the Project’s deliverability status citing concerns over reduced resource adequacy for other generating units.
FERC Approves Uncontested Rate Case Settlements in 2024 Rate Cases Filed by Algonquin Gas Transmission and Maritimes & Northeast Pipeline
On April 25, 2025, FERC approved two uncontested stipulation and agreements that propose to settle the Natural Gas Act (“NGA”) section 4 general rate cases filed on May 30, 2024, by two interconnected pipelines, Algonquin Gas Transmission, LLC (“Algonquin”) and Maritimes & Northeast Pipeline, L.L.C. (“Maritimes”). Both settlements established a 13.5% return on equity (“ROE”) for the calculation of rates for new incremental expansion projects following the settlements’ effective dates, and for the equity component of Allowance for Funds Used During Construction (“AFUDC”).
FERC Denies NGO Transmission, Inc.’s Application to Abandon Jurisdictional Facilities
On April 24, 2025, FERC denied NGO Transmission, Inc.’s (“NGO Transmission”) application under 7(b) of the Natural Gas Act (“NGA”) to abandon its jurisdictional facilities and reclassify them from jurisdictional transmission facilities to non-jurisdictional local distribution facilities. FERC concluded that NGO Transmission’s facilities do not directly serve end-use customers in…
Order No. 1920-B Affirms FERC’s Long-Term Transmission Planning and Cost Allocation Rule
On April 11, 2025, FERC issued Order No. 1920-B, which clarified and maintained key requirements from Order No. 1920-A regarding long-term transmission planning and cost allocation. FERC clarified that transmission providers are not obligated to plan for the long-term needs of unenrolled non-jurisdictional transmission providers, but voluntary arrangements are allowed. The order also upheld the requirement for transmission providers to include Relevant State Entities’ agreed-upon cost allocation methods in their compliance filings. Additionally, FERC sustained the consultation requirement with Relevant State Entities before amending cost allocation methods. Lastly, FERC declined to expand the definition of “Relevant State Entity” and rejected certain rehearing requests as procedurally barred. Overall, FERC explained that Order No. 1920-B reinforces the importance of long-term, forward-looking, and comprehensive transmission planning and cost allocation processes to meet the demands of the modern transmission grid. The order was approved by four Commissioners, with Commissioner See not participating.
President Trump Signs Executive Order Aimed at Enhancing U.S. Electric Grid Reliability and Security
On April 8, 2025, President Donald Trump issued the Strengthening the Reliability and Security of the U.S. Electric Grid executive order aimed at ensuring adequate and reliable electric generation in the U.S., meeting growing electricity demand being driven by technological advancements (e.g., data centers), and addressing the national energy emergency declared on January 20, 2025. The executive order also intends to help ensure that the electrical grid leverages all available power generation resources, with a particular emphasis on secure resources that have redundant fuel supplies to support extended operations.
FERC Again Rejects Co-Located Load Increase Proposal at Nuclear Facility
On April 10, 2025, FERC addressed arguments on rehearing that clarified, but did not modify the outcome of, a November 1, 2024, order (“Rejection Order”) rejecting PJM Interconnection, L.L.C.’s (“PJM”) proposal to increase the co-located data center load at a Susquehanna Nuclear, LLC (“Susquehanna”) nuclear generating facility. FERC again found that PJM’s amended Interconnection Service Agreement’s (“ISA”) non-conforming provisions were not necessary deviations from the pro forma ISA. However, FERC did clarify that the Rejection Order did not prevent other entities from filing non-conforming ISAs to address issues relating to co-located data center load.
What’s the Buzz in the Battery World With Roger Miksad, BCI
In this episode, guest host Dan Anziska joins host Bill Derasmo for a conversation with Roger Miksad, president and executive director of Battery Council International (BCI). Miksad shares the history of BCI and explores its evolving role in the North American battery industry. This special episode covers key topics, including battery recycling, supply chain challenges, government policy, industry investment, and China’s competitive position in the global market. Tune in to learn why continued investment and supportive policy are critical to the future of battery technology and manufacturing.
FERC Grants and Denies in Part Basin Electric’s Transmission Incentive Petition
On March 31, 2025, FERC granted in part and denied in part Basin Electric Power Cooperative’s (Basin Electric) petition for declaratory order seeking transmission incentives for the Roundup-Kummer Ridge Project, the Tande-Finstad-Leland Olds Project (LOS-Tande Project), and the NE Williston-Folvag 115 kV-Judson-East Fork-Tande Project (Springbrook Project) (collectively, “Projects”). FERC granted the Hypothetical Capital Structure Incentive and the Abandoned Plant Incentive to both the LOS-Tande Project and Springbrook Project, but denied the Hypothetical Capital Structure Incentive for the Roundup-Kummer Ridge Project.