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Ninth Circuit Upholds FERC’s Denial of RTO Incentive Adder for California Utilities Due to Mandatory CAISO Participation

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On July 11, 2025, the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) issued an opinion in Pacific Gas & Electric Company v. FERC, addressing a challenge by Pacific Gas & Electric Company (“PG&E”), Southern...more

Akin Gump Strauss Hauer & Feld LLP

FERC Proposes to Eliminate WECC Soft Price Cap

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On July 15, 2025, the Federal Energy Regulatory Commission (FERC or Commission) issued an order proposing to eliminate the soft price cap of $1,000 per megawatt-hour (MWh) for bilateral spot sales in the Western Electricity...more

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On Rehearing, FERC Upholds Approval of PJM’s Proposed Offer Cap Tariff Revisions

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On June 26, 2025, FERC upheld PJM Interconnection, L.L.C.’s (“PJM”) proposal to revise its Capacity Performance Quantifiable Risk (“CPQR”) Offer Cap. Several public interest organizations and PJM’s Independent Market Monitor...more

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FERC Reaffirms MISO Interconnection Queue Cap on Rehearing

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On May 27, 2025, FERC addressed arguments raised on rehearing of a January 30, 2025 order, which accepted the Midcontinent Independent System Operator, Inc.’s (“MISO”) proposal to modify its generator interconnection study...more

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FERC Again Rejects Co-Located Load Increase Proposal at Nuclear Facility

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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...more

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FERC issues orders expanding organized markets in the Southeast and the Southwest

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The Federal Energy Regulatory Commission (“FERC”) recently issued two orders approving proposals to expand the organized electric markets. The first order, related to a proposal from a coalition of transmission-owning...more

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FERC Grants BP Energy’s Complaint Appealing CAISO Meter Data Reporting Penalty

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On February 27, 2025, FERC granted a complaint filed by BP Energy Retail Company California LLC (“BP Energy” or “Company”) under sections 206 and 306 of the Federal Power Act appealing a penalty the California Independent...more

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Federal Appeals Court Appears Skeptical of State’s Ability to Question Federal Transmission Planning Decisions

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On December 5, 2024, the U.S. Court of Appeals for the Third Circuit heard oral arguments in Transource Pennsylvania LLC v. Steven M. Defrank, et.al. The case presents the question of potential tension between FERC’s...more

Akin Gump Strauss Hauer & Feld LLP

Third Circuit Affirms District Court Decision Invalidating New Jersey’s Long-Term Capacity Pilot Program

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On September 11, 2014, a three-judge panel of the U.S. Court of Appeals for the Third Circuit unanimously affirmed an October 2013 decision of the U.S. District Court for the District of New Jersey that New Jersey’s Long-Term...more

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