Legal development

FERC Meeting Agenda Summaries for May 2026

Alt

    Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's (FERC or the Commission) open meeting to be held on May 21, at 10:00 a.m. ET.

    The summaries below are based on publicly available information in the dockets listed on the FERC agenda at the time of publication. For ease of reference, a link to each lead docket on the meeting agenda has been included. The Commission may decide to remove any items from the meeting agenda at any time.

    Item No.Docket No.Company

    Administrative

    A -1 AD26-1-000Agency Administrative Matters
    A- 2AD26-2-000Customer Matters, Reliability, Security, and Market Operations
    A – 3AD06-3-000Market Update

    Electric

    E – 1EL26-39-000

    Gaston Green Acres Solar, LLC and Bethel NC Hwy 11 Solar, LLC v. PJM Interconnection, L.L.C.

     

    On January 8, 2026, Gaston Green Acres Solar, LLC (Gaston) and Bethel NC Hwy 11 Solar, LLC (Bethel) submitted a complaint against PJM Interconnection, L.L.C. (PJM). Gaston and Bethel (together, complainants) are developing solar energy generating projects in PJM territory and experienced an “extreme” increase of allocated network upgrade costs after a restudy. 

     

    Complainants claim that the PJM tariff is unjust and unreasonable in that it does not allow complainants, and others similarly situated, to withdraw from the queue without penalty. Complainants accordingly requested that the Commission find that the tariff is unjust and unreasonable, replace the terms in question with suggested language, and issue an order directing PJM to refund the full amounts of complainants’ respective readiness deposits. PJM filed its response on January 28, 2026; Gaston filed its answer on February 12, 2026; and PJM filed its answer on February 27, 2026. 

     

    Agenda item E-2 is likely an order connected to this complaint.

    E – 2EL25-92-000

    McKenzie Electric Cooperative, Inc.

    v. Basin Electric Power Cooperative

     

    McKenzie Electric Cooperative, Inc. (McKenzie) filed a complaint against Basin Electric Power Cooperative (Basin) on June 10, 2025. McKenzie alleged that Basin has engaged in a nominal and sham transaction with Rural Utilities Servies (RUS) in the form of a $928,000 loan for the purpose of evading Commission jurisdiction. Among other requests, McKenzie requests Commission findings that the transaction in question is void or ineffective for jurisdictional purposes and is inconsistent with FPA Section 204, and requests that the Commission confirm its regulatory authority over Basin and the affected assets or services. Basin submitted a motion to dismiss on July 16, 2025. 

     

    Agenda item E-2 is likely an order on Basin’s motion to dismiss.

    E – 3ER22-24-004

    System Energy Resources, Inc.

     

    On October 1, 2021, System Energy Resources, Inc. (SERI) submitted a proposal to amend its proposed changes to SERI’s cost-based formula rate under the Unit Power Sales Agreement (UPSA), through which SERI sells the capacity and energy produced by the Grand Gulf Nuclear Station (Grand Gulf) to four of Entergy’s operating companies. The filing proposes changes to the UPSA to allow for the inclusion of prepaid and accrued pension costs in rate base associated with SERI’s qualified pension plans.

     

    After failed settlement discussions and lengthy proceedings, the Commission issued Opinion No. 593, order on initial decision approving SERI’s proposal on November 20, 2025. On December 22, 2025, the Arkansas Public Service Commission filed a request for rehearing. The Commission denied the request on January 22, 2026.

     

    Agenda item E-3 may be a final order on SERI’s proposal.

    E – 4EL24-6-001

    Gregory and Beverly Swecker

    On October 26, 2023, Gregory and Beverly Swecker (the Sweckers) requested an order from FERC requiring that data be provided of the rate at which Midland Power Cooperative purchases from Central Iowa Power Cooperative on a cents per kilowatt hour basis. Midland Power Cooperative filed an intervention and protest on November 15, 2023. 

     

    On June 27, 2024, FERC issued an order denying the data request. On July 25, 2024, the Sweckers submitted a request for rehearing. On August 26, 2026, FERC denied the Sweckers' request for rehearing. On September 20, 2024, the Sweckers filed a petition for review with the U.S. Court of Appeals for the District of Columbia Circuit.

     

    On May 20, 2025, the Sweckers filed a second request for disgorgement of Midland Power Cooperative's ill-gotten gains and seeking investigation. On August 4, 2025, the Sweckers filed a request for disgorgement of Midland-Power Cooperative's ill-gotten gains or in the alternative seeking investigation. 

     

    Agenda Item E-4 may be a further order on the Sweckers’ request for rehearing or otherwise an order on one of the Sweckers’ other requests.

    E – 5ER26-407-001

    Southwest Power Pool, Inc.

    On October 31, 2025, Southwest Power Pool (SPP) submitted proposed revisions to the SPP Open Access Transmission Tariff (OATT) to decouple Schedule 9 and Schedule 11 transmission pricing zones, allowing for the creation of larger Schedule 11 transmission pricing zones.

     

    On December 30, 2025, FERC accepted SPP's proposed revisions, effective December 19, 2025, as requested.  

     

    On January 29, 2026, multiple parties filed for rehearing of FERC’s order. On March 2, 2026, FERC issued a notice of denial of rehearing by operation of law.

     

    Agenda Item E-5 may be a further order on the requests for rehearing.

    E - 6ER23-272-000

    Avangrid Renewables, LLC

    On October 28, 2022, Avangrid Renewables, LLC (Avangrid Renewables) submitted a notice and justification for a credit sleeve transacted in the Western Electricity Coordinating Council (WECC) energy market on September 7, 2022, that resulted in sales above the $1,000/MWh soft price cap.

     

    Agenda item E-6 may be an order on Avangrid Renewables' notice.

    E – 7ER22-2316-000

    bp Energy Company

     

    On July 6, 2022, bp Energy Company (bp) filed an out-of-time report regarding certain WECC spot market sales in June 2021 in excess of the $1,000/MWh soft cap.

     

    Agenda item E-7 may be an order on bp’s filing.

    E – 8ER23-309-000

    Tucson Electric Power Company

     

    On October 31, 2022, Tucson Electric Power Company (TEPCo) filed a report regarding certain WECC spot market sales in September 2022, that exceed the $1,000/MWh soft cap.

     

    Agenda item E-8 may be an order on TEPCo’s filing.

    E – 9

    ER23-271-000  

    ER23-271-001

    Arizona Public Service Company

     

    On October 28, 2022, as supplemented on January 31, 2023, Arizona Public Service Company (APS) filed a report regarding certain WECC spot market sales in September 2022, that exceed the $1,000/MWh soft cap. 

     

    Agenda item E-9 may be an order on APS’s filing. 

    Gas

    G – 1RM96-1-044

    Standards for Business Practices of Interstate Natural Gas Pipelines

     

    On December 4, 2024, the North American Energy Standards Board (NAESB) filed a report with the Commission that it modified version 4.0 of its “Standards for Business Practices of Interstate Natural Gas Pipelines.” On October 16, 2025, the Commission proposed to amend its regulations to incorporate the modifications by reference and requested public comment. Multiple comments have been filed in the public docket. 

     

    Agenda item G-1 may be an order on the proposed rulemaking.

    Hydro

    H – 1P-2101-192

    Sacramento Municipal Utility District

     

    The Sacramento Municipal Utility District (SMUD) is the FERC licensee for a project located on the Rubicon, Silver Creek, South Fork American River, and its tributaries. As part of the streamflow requirements under the license, SMUD is required to release seasonal recreation streamflows for the Slab Creek Run, a six-mile section on the South Fork of the American River. The license also requires SMUD to prepare a whitewater recreation boating plan for the South Fork below the Slab Creek Dam (Slab Creek Whitewater Boating Recreation Management Plan). SMUD prepared and submitted its Slab Creek Whitewater Boating Recreation Management Plan to the Commission. On November 26, 2025, the Commission issued an order modifying and approving the Slab Creek Whitewater Boating Recreation Management Plan. SMUD filed a request for rehearing on December 23, 2025. 

     

    Agenda item H-1 may be an order on the SMUD's request for rehearing.   

    Certificates

    C -1RM25-12-001

    Revisions to the Blanket Certificate Program

     

    On June 18, 2025, the Commission issued a notice of inquiry, seeking information and stakeholder perspectives to help the Commission explore whether and how it should revise its Part 157, Subpart F blanket certificate regulations to adjust the cost limitations for projects that interstate natural gas pipelines may construct without a case-specific authorization order. Multiple comments have been filed in the public docket. 

     

    Agenda item C-1 may be an order on the notice of inquiry.

    C – 2CP25-208-002

    Interstate Natural Gas Association of America

     

    On April 14, 2025, the Interstate Natural Gas Association of America (INGAA) submitted an emergency petition for a two-year waiver of the Commission’s regulations to raise blanket certificate cost thresholds. On June 18, 2025, the Commission issued an order granting INGAA’s Emergency petition in part (waiver order). The order increased the threshold cost limit from $41,100,000 to $61,650,000 for projects placed in service by May 31, 2027. A request for rehearing was filed. 

     

    Agenda item C-2 may be an order on the request for rehearing.

    C – 3

    CP26-6-000

    CP26-7-000  

    CP26-8-000

    West Texas Gas Utility, LLC

    Texas Pipeline Exports, LLC

     

    On October 10, 2025, West Texas Gas Utility, LLC (WTGU) and Texas Pipeline Exports, LLC (Texas Exports) submitted concurrent applications to transfer to Texas Exports, the Natural Gas Act Section 3 authorization, and presidential permit previously issued to WTGU in 2023. The authorizations allowed WTGU to acquire, operate, and maintain certain natural gas transmission facilities (Del Rio, Eagle Pass I, and Eagle Pass II) near the border between the United States and Mexico. Following transfer, Texas Exports would continue to operate the assets as previously approved. The U.S. Department of State and Department of War responded to the Commission’s request for input, stating no objections to the transfer. 

     

    Agenda item C-3 may be an order on the application to transfer.

    C – 4CP26-142-000

    Port Arthur Pipeline, LLC

     

    On March 20, 2026, Port Arthur Pipeline, LLC (PAPL) submitted an application to amend the certificate of public convenience and necessity issued on April 18, 2019, for the Louisiana Connector Project (Project). Specifically, PAPL requested the Commission approve revisions to the initial cost-based recourse rates for service on the Project (to reflect changes to the cost of construction of the Project), as well as revisions to its approved pro forma tariff. On April 28, 2026, PAPL notified the Commission that it completed construction of a portion of the facilities for the Project and requested authorization to place those facilities in-service.

     

    Agenda item C-4 may be an order on the application.

    C – 5

    CP25-533-000

    CP11-1-000

    CP04-379-002

    Pine Prairie Energy Center, LLC

     

    On August 8, 2025, Pine Prairie Energy Center, LLC (Pine Prairie), filed an application to amend its certificate of public convenience and necessity to permit the construction and operation of its Phase IV Expansion Project (Project) which includes a new natural gas storage cavern with a working gas capacity of approximately 10.8 billion cubic feet (Bcf), among other components. In addition, Pine Prairie seeks authorization from the Commission to restate its total certificated capacity from 102.6 Bcf to 87.2 Bcf and to reduce the maximum daily delivery capability from 3.2 Bcf/day to 3.0 Bcf/day, as well as to obtain reaffirmation of its authority to provide interstate storage and storage-related services at market-based rates. Staff published an environmental assessment for the Project on January 23, 2026. 

     

    Agenda item C-5 may be an order on the application.

    The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to.
    Readers should take legal advice before applying it to specific issues or transactions.

    Editorial Disclaimer

    Originally published before the Ashurst Perkins Coie combination. See disclaimer.

    Key Contacts