Summary of FERC Meeting Agenda for October 2025

Alert
|
20 min read

Summaries of the agenda items for the Federal Energy Regulatory Commission s monthly open meeting to be held on October 16, 2025, pursuant to the sunshine notice released on October 9, 2025.

Note on Appointment of New Commissioners: On October 7, 2025, the US Senate confirmed the nominations of two commissioners to FERC. Laura Swett, a Republican, will serve a term expiring June 30, 2030; David LaCerte, also a Republican, will serve a term expiring June 30, 2026. FERC will now operate with a full slate of five commissioners, comprised of a 3-to-2 balance in favor of Republicans, although the (recently appointed by President Trump) chairman is Democratic.

In this issue…

  • Electric Items
  • Gas Items
  • Hydro Items
  • Certificates

Electric

E-1 – New York Independent System Operator, Inc. (Docket Nos. ER24-1915-002, ER24-1915-003). On May 1, 2024, the New York Independent System Operator, Inc. (NYISO) submitted a compliance filing, pursuant to Order No. 2023 and Order No. 2023-A, with respect to proposed revisions of the NYISO Open Access Transmission Tariff (OATT) and Market Administration and Control Area Services Tariff (Services Tariff). Order No. 2023, issued by the Commission on July 28, 2023, reformed the generator interconnection study processes of public utility transmission providers operating under effective OATTs. Primarily, Order No. 2023 required that transmission providers employ a first-ready, first-served cluster study process for large generating facilities exceeding 20 MW. Order No. 2023-A, issued on March 21, 2024, extended the compliance deadline to May 16, 2024. Accordingly, in its compliance filing, NYISO proposed to revise its pro forma Large Generator Interconnection Procedures (LGIP), Large Generator Interconnection Agreement (LGIA), Small Generator Interconnection Procedures (SGIP), and Small Generator Interconnection Agreement (SGIA). Prior to submitting the initial compliance filing, NYISO submitted a request for conditional prospective waiver on November 3, 2023, in order to establish limited, interim rules to provide for the transition of certain interconnection studies in the Large Facility Interconnection Procedures set forth in the NYISO OATT, as related to new compliance procedures for Order No. 2023. On April 17, 2025, the Commission issued an order finding that the compliance filing partially complied with Order No. 2023 and 2023-A and directed NYISO to submit an additional compliance filing within sixty days of issuance of the order. Namely, the Commission directed NYISO to incorporate certain revisions, including the removal its proposed language with respect to Expedited Deliverability Study rules, the adoption of the provisions for interconnection customers to require that NYISO use third-party consultants, and explains or expands on existing language relating to the cost allocation of substation network upgrades, among others. On June 16, 2025, NYISO submitted the compliance filing pursuant to the directives furnished in the April 17 order. Agenda item E-1 may be an order on the additional Order No. 2023 and 2023-A compliance filing.

E-2 – Invenergy Energy Management LLC v. PJM Interconnection, L.L.C. (Docket No. EL23-29-000). On February 1, 2023, Invenergy Energy Management LLC (Invenergy) submitted a compliant, pursuant to sections 206 and 306 of the Federal Power Act (FPA), against PJM Interconnection, L.L.C. (PJM). In the compliant, Invenergy requested that the Commission direct PJM to establish procedures to timely study and process long-term firm transmission service requests (TSRs) for service beginning in the near-term. Invenergy stated that the processing would apply to prior TSRs to commence on June 1, 2024 or for those requests where firm transmission service must be secured in order to meet requests for must offer exceptions. Specifically, due to its affiliation with companies that seek to sell output to offtakers in the Midcontinent Independent System Operator (MISO) region, Invenergy asserted that, by not commencing the study process for several years, PJM is effectively denying its TSR for long-term firm point-to-point TSR to PJM for service to MISO from June 1, 2023 through June 1, 2027. On March 7, 2023, PJM filed an answer to the complaint, contending that Invenergy seeks unduly discriminatory treatment that would be at the expense of New Service Customers in the PJM region. Further, PJM stated that Invenergy asked for impermissible "queue jumping" that is not supported by the provisions in the PJM Tariff. PJM also stated that the present delay in studying long-term firm transmission service requests, along with all other types of New Service Requests, was previously approved by the Commission and is the outcome of a significant backlog dating years prior to the Invenergy TSRs. On May 5, 2025, PJM submitted an unopposed motion to hold the complaint proceeding in abeyance in order for the parties to discuss the material issues outside of litigation, due to preliminary discussions convened by Invenergy and PJM following the initial filing of the complaint. On September 5, 2023, PJM submitted a request to continue the abeyance due to ongoing discussions. On February 14, 2024, Invenergy filed a request for Commission action on the complaint, as the parties did not reach an agreement and no longer sought abeyance. Agenda item E-2 may be an order on the complaint by Invenergy against PJM.

E-3 – Invenergy Transmission LLC v. Midcontinent Independent System Operator, Inc. (Docket No. EL22-83-000). On August 8, 2022, Invenergy Transmission, LLC, on behalf of its subsidiary Grain Belt Express (GBX), filed a complaint, pursuant to sections 206, 306, and 309 of the FPA, against MISO. In the complaint, GBX requested that the Commission direct MISO to revise its Open Access Transmission Tariff (OATT) in order to provide a more specific process to incorporate advanced-stage merchant transmission projects in the annual base case analysis under the MISO Long Range Transmission Plan (LRTP) as part of the Transmission Expansion Plan (MTEP). Additionally, GBX sought relief from prior LRTP decisions where it has been excluded due to the OATT provision only including merchant transmission in the MTEP analysis after an interconnection agreement has been executed. A number of stakeholders filed motions to intervene, including substantive comments and protests. On September 7, 2022, MISO submitted an answer to the complaint, asserting that the Commission should deny all relief, as Invenergy did not demonstrably prove any violations by MISO or did not sufficiently prove that any effective provisions in the MISO OATT are unjust and unreasonable. Specifically, MISO stated that the GBX transmission line would be evaluated as an "external facility," not a future component of the MISO transmission system (i.e., an external facility would resemble a new generation resource more closely than a transmission facility that would address transmission issues or constraints in the MISO footprint). On April 3, 2023, GBX filed supplement information in order to support the complaint, including new quantitative analysis using MISO modeling that show the economic and reliability impacts that the GBX transmission line would have on the transmission planning processes in MISO. On May 19, 2023, MISO filed an answer to the supplemental information, stating that the Commission should dismiss the analysis as it does not comport with Commission rules requiring complainants to including all supporting evidence with the initial complaint. Agenda item E-3 may be an order on the complaint by GBX against MISO.

E-4 – Cometa Energia, S.A. de C.V., /o/b/o., Energia Azteca X, S. de R.L. de C.V. v. California Independent System Operator Corporation (Docket No. EL24-92-002). On March 20, 2024, Cometa Energia, S.A. de C.V., /o/b/o, Energia Azteca X, S. de R.L. de C.V (Cometa) filed a complaint, pursuant to sections 206, 306, and 309 of the FPA, against the California Independent System Operator Corporation (CAISO). In the complaint, Cometa alleged that CAISO unlawfully terminated the Full Capacity Deliverability Status of its portfolio company, EAX, associated with a combustion turbine that holds interconnection rights to the CAISO grid. Accordingly, Cometa stated that, under the Non-Conforming Participating Generator Agreement (PGA) within the CAISO Tariff, EAX has the contractual right to be dispatched in CAISO, or the Comisión Federal de Electricidad (CFE) in Mexico, through defined PGA processes that accommodate the ability of the resource to switch its generation dispatch. Cometa stated that CAISO unjustly terminated its deliverability status despite prior acknowledgement of the resource as a "unique" cross-border facility. On April 9, 2024, CAISO submitted an answer to the complaint, contending that the Cometa facility has not been connected to CAISO for nearly seven years and that the premise of the complaint would lead to the proposition that a unit can remain disconnected from the CAISO Balancing Authority Area and yet retain deliverability status in perpetuity. On June 27, 2024, the Commission issued an order denying the complaint, finding that CAISO acted consistent with its Tariff in implementing section 6.1.3.4 of the Business Practice Manual (BPM) for Reliability Requirements, which states that "[t]o the extent a Generating Unit becomes incapable of operating at this level for any consecutive three-year period, the Generating Unit will lose its deliverability priority. On July 29, 2024, Cometa filed a request for rehearing of the June 27 order. On April 29, 2025, the Commission issued an order addressing the arguments raised on rehearing and setting aside the previous order, citing a misapplication of BPM language, as the CAISO Tariff did not clearly imply the provision. However, the April 29 order maintained the denial of remedy to Cometa, finding that reinstatement of deliverability status would still result in negative impacts to reliability in CAISO given that Cometa has not indicated it would resume the deliverability status until 2027. On May 29, 2025, Cometa filed a request for rehearing of the April 29 order. Agenda item E-4 may be an order on the second rehearing request.

E-5 – Duke Energy Carolinas, LLC and Duke Energy Progress, LLC (Docket No. ER25-2385-000). On May 30, 2025, Duke Energy Carolinas, LLC and Duke Energy Progress, LLC (collectively, Duke Energy) submitted proposed revisions to the Duke Energy Joint Open Access Transmission Tariff (Joint OATT). The changes to the Joint OATT would include revisions of the Formula Rate Templates and Formula Rate Implementation Protocols to account for the two new wholly-owned procurement subsidiaries to be formed by Duke Energy. In the filing, Duke Energy stated that the proposed revisions are necessary to ensure that certain tax savings created by the procurement companies would be passed along to the transmission customers of the respective parent utility. Agenda item E-5 may be an order on the proposed revisions to the Duke Energy Joint OATT.

E-6 – Idaho Power Company (Docket Nos. ER10-2126-011, EL26-2-000). On June 26, 2025, Idaho Power Company (Idaho Power) submitted its updated market power analysis for the Northwest region for the December 1, 2022 through November 30, 2023 study period. Following the submission, PacifiCorp informed Idaho Power that it had revised its simultaneous import limits study for the Pacific Northwest Balancing Authority Area (BAA) and, accordingly, many of the indicative screens for the first-tier markets to the Idaho Power BAA need to be revised. In the filing, Idaho Power reasserted that it met Commission standards for market-based rate authority in the relevant geographic markets, including the Idaho Power BAA. On July 8, 2025, the Commission issued a show cause order instituting a section 206 proceeding, based on failures of Idaho Power in establishing a rebuttable presumption of horizontal market power in the Idaho Power BAA. The formal record in Docket No. EL26-2-000 has not yet been populated. Agenda item E-6 may be an action that is being taken sua sponte by the Commission, such as the initiation of an investigation pursuant to section 206 of the FPA and potential refunds.

E-7 – Beech Ridge Energy (Docket No. ER10-2137-028); Beech Ridge Energy Storage (Docket No. ER14-2799-019); Grand Ridge Energy II LLC (Docket No. ER10-2138-029); Grand Ridge Energy III LLC (Docket No. ER10-2139-029); Grand Ridge Energy IV LLC (Docket No. ER10-2140-028); Grand Ridge Energy V LLC (Docket No. ER10-2141-028); Grand Ridge Energy Storage LLC (Docket No. ER14-2187-022); Todd Solar LLC (Docket No. ER21-258-005). The above-captioned dockets relate to the updated triennial market analysis of each entity within the PJM geographic market. As of the latest filing, on June 28, 2023, the above-captioned entities (collectively, Sellers) were Category 2 Sellers in the Northeast Region and that each entity continued to satisfy the criteria for market-based rate authority. On February 4, 2025, the Commission issued a letter requiring additional information to assist in the evaluation of the triennial filing, namely to indicate whether Sellers have any other affiliated owners and ultimate upstream affiliates. On March 6, 2025, Sellers submitted a response to the deficiency letter, indicating that there are no other owners not otherwise identified in the initial triennial filing. On June 10, 2025, the Commission issued a second letter requiring additional information, similarly to furnish information with respect to other affiliated owners, including indirect affiliates, as well as tracing ownership to identify all affiliated upstream entities. On July 10, 2025, Sellers submitted a response to the second deficiency letter, conceding that additional ownership information had not been included previously but did not materially change the facts and circumstances by which market power analyses are reviewed by the Commission. Agenda item E-7 may be an order on the triennial.

E-8 – Manitowoc Public Utilities (Docket Nos. ER25-634-001; ER25-634-000). On December 3, 2024, Manitowoc Public Utilities (MPU) submitted its Rate Schedule FERC No. 5, pursuant to section 205 of the FPA, in order to set forth a Monthly System Support Resource (SSR) Payment for Lakefront Unit No. 9. In accordance with terms in the MISO Tariff as well as the Third SSR Agreement between MPU and MISO, as submitted on November 21, 2024, the owner of the SSR unit is able to submit a section 205 filing to establish a revenue requirement for expenses not reflected in the hourly compensation covered by the preceding SSR Agreement. On January 31, 2025, the Commission issued an order accepting the Rate Schedule, suspending it for a nominal period, subject to refund, and establishing settlement judge procedures. Following two settlement conferences and three reports issued by the settlement judge, MPU filed an Offer of Settlement and Settlement Agreement on July 16, 2025. The Commission issued a certification of uncontested settlement on August 19, 2025. Agenda item E-8 may be an order on the settlement with respect to the MPU Rate Schedule for a Monthly SSR Payment.

E-9 – Elk Creek Solar, LLC and Elk Creek Solar 2, LLC (Docket No. ER25-3254-000). On August 20, 2025, Elk Creek Solar, LLC and Elk Creek Solar 2, LLC (collectively, Elk Creek Solar) submitted a petition for a limited, prospective waiver. In the petition, Elk Creek Solar specifically requested waiver of Article 2.3.1 (Termination Procedures) of the Generator Interconnection Agreements for its planned solar generation facility and Section 4.4.4 of Attachment X (Generator Interconnection Procedures) of the MISO Open Access Transmission, Energy, and Operating Reserve Markets Tariff. Due to delays relating to a state electrical licensing law in Minnesota, Elk Creek Solar requested a waiver of the commercial operation deadlines, namely attributable to the inability to fulfill an engineering, procurement, and construction agreement. Elk Creek Solar stated that the interconnecting transmission owner, ITC Midwest LLC, did not oppose the waiver request. Agenda item E-9 may be an order on the waiver request.

E-10 – Evergreen Wind Power II, LLC (Docket No. ER25-3031-000). On July 30, 2025, Evergreen Wind Power II, LLC (Evergreen) submitted a petition for a limited waiver. In the petition, Evergreen requested a waiver of certain sections of the Large Generator Interconnection Procedures in the ISO New England (ISO-NE) Transmission, Markets, and Services Tariff. Evergreen stated that the waiver is a result of the unexpected availability of transmission capacity over a portion of the ISO-NE system that has long been constrained, and that has prevented generators in northern Maine from being able to supply capacity to ISO-NE. The waiver will allow the Evergreen wind generating facility located in Oakfield, Maine to seek qualification of its capacity for participation in the Forward Capacity Market. Agenda item E-10 may be an order on the waiver request.

E-11 – Pacific Gas and Electric Company (Docket Nos. ER20-2878-018, ER22-619-002, ER22-620-002). On September 15, 2020, Pacific Gas and Electric Company (PG&E) submitted its third Wholesale Distribution Tariff (WDT) rate case filing, proposing revisions to certain non-rate terms and conditions and revisions to rate terms. Most notably, the proposed revisions included moving to a Formula Rate with attendant individual schedules in order to calculate the Distribution Revenue Requirement (DRR) and wholesale distribution rates. On November 13, 2020, the Commission issued an order accepting the WDT filing — including the Formula Rate and associated DRR — subject to refund and establishing settlement judge procedures. On April 6, 2021, PG&E submitted an Offer of Partial Settlement and Stipulation purporting to resolve some, but not all, contested issues in the ongoing proceeding between itself and City and County of San Francisco (CCSF), the Western Area Power Administration (WAPA), Arvin-Edison Water Storage District, Power and Water Resources Pooling Authority, Calaveras Public Power Agency, and Tuolumne Public Power Agency (collectively, the Agencies). PG&E asserted that the settlement was not opposed by any parties. Namely, the issues resolved in the Offer of Partial Settlement are the effective date, scope, partial settlement rates, and various protocol and model revisions, among others. On April 14, 2021, the Chief Judge issued a motion granting the motion for interim rates. On May 24, 2021, PG&E submitted an informational filing for wholesale distribution rates effective as of June 1, 2021. On July 15, 2021, the Commission issued an order approving Partial Settlement. On March 31, 2022, PG&E submitted a Second Partial Settlement; on June 2, 2022, the Commission issued an order approving the Second Partial Settlement. Following a settlement hearing convened from March 9, 2023 through March 13, 2023, concluding with oral arguments heard on June 28, 2023, PG&E and the Agencies filed an Offer of Settlement on April 3, 2024. On April 15, 2024, PG&E and the Agencies filed a Status Report and Joint Motion to Terminate Abeyance of Proceeding and Issue Partial Decision. PG&E and the Agencies stated that a settlement had been reached on all but two issues and, therefore, sought a Partial Decision on those two issues only. On May 2, 2024, the Acting Chief Judge issued an order granting the motion. On May 17, 2024, the Presiding Administrative Law Judge issued a Partial Initial Decision on the two outstanding issues. Agenda item E-11 may be a final decision on the respective settlements and Partial Initial Decision.

Gas

G-1 – Standards for Business Practices of Interstate Natural Gas Pipelines (Docket No. RM96-1-044). The sub-docket in this proceeding is not yet populated. Based on prior activity in the docket, agenda item G-1 may be the issuance of a Notice of Proposed Rulemaking (NOPR) with respect to incorporating by reference the latest version of Standards for Business Practices of Interstate Natural Gas Pipelines adopted by the Wholesale Gas Quadrant of the North American Energy Standards Board (NAESB).

G-2 – Baltimore Gas and Electric Company and Washington Gas Light Company v. Columbia Gas Transmission, LLC (Docket No. RP25-740-000). On March 25, 2025, Baltimore Gas and Electric Company and Washington Gas Light Company (collectively, Complainants) filed a formal complaint, pursuant to sections 5, 7, and 16 of the Natural Gas Act (NGA), against Columbia Gas Transmission, LLC (Columbia). Complainants alleged that Columbia failed to comply with its obligation to provide firm transportation, firm storage, and non-notice service during the winter peak heating season in 2023 through 2024. Complainants stated that, by failing to do so, Columbia violated Rate Schedules FTS, FSS, NTS, SST, and TPS as well as existing firm service agreements with Complainants. Additionally, the complaint asserted that Columbia violated its effective Tariff by misapplying force majeure provisions in abandoning firm certificated service obligations that resulted in adverse material impacts to Complainants and its ratepayers. A number of entities filed motions to intervene and comments. On April 24, 2025, Columbia submitted a motion to dismiss the complaint and answer, contending that it had complied with directives with the Office of Pipeline Safety of the US Department of Transportation Pipeline and Hazardous Materials Administration (PHMSA), leading to required testing following a rupture on certain segments of its system. Accordingly, Columbia stated that, when restrictions on firm transportation services were imposed as a result of the PHMSA-directed work, it exercised its right to declare force majeure on parts of the system. Agenda item G-2 may be an order on the complaint.

Hydro

H-1 – Eagle Crest Energy Company (Docket No. P-13123-031). On October 12, 2022, Eagle Crest Energy Company (Eagle Crest) filed an application for a non-capacity license amendment for the Eagle Mountain Pumped Storage Hydroelectric Project, FERC Project No. 13123. In the application, Eagle Crest stated that the license amendment would revise the existing project boundary to accommodate a relocation of the gen-tie line into the Red Bluff substation. On July 31, 2024, the Commission issued the Environmental Assessment, finding that the license amendment would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item H-1 may be an order on the application.

Certificates

C-1 – Transwestern Pipeline Company, LLC (Docket No. CP25-37-000). On December 20, 2024, Transwestern Pipeline Company, LLC (Transwestern) filed an abbreviated application for a Certificate of Public Convenience and Necessity (CPCN), pursuant to Section 7(c) of the Natural Gas Act (NGA). In the CPCN application, Transwestern requested authorization by the Commission to construct, own, operate, and maintain the proposed WT-0 Compressor Station Project located in New Mexico. Transwestern stated that it intended to construct and place the facilities in service by November 1, 2026. On March 6, 2025, Transwestern submitted supplemental comments responsive to (unfiled) informal environmental data requests by Commission staff. On August 1, 2025, the Commission issued the Draft Environmental Assessment for the project, concluding that approval would not constitute a major federal action significantly affecting the quality of the human environment. Agenda item C-1 may be an order on the CPCN application.

C-2 – NGO Transmission, Inc. (Docket No. CP25-11-001). On October 29, 2024, NGO Transmission, Inc. (NGO Transmission) filed an abbreviated application for abandonment, pursuant to Sections 1(b) and 7(b) of the NGA. In the abandonment application, NGO Transmission requested authorization to refunctionalize all of its jurisdictional transmission facilities to nonjurisdictional local distribution facilities, and therefore abandon the certificate authorizations granted to those facilities. On February 7, 2025, the Commission issued a deficiency letter, requesting that NGO Transmission provide additional data to assist in the evaluation of the application. On February 21, 2025, NGO Transmission submitted its response to the data request. On April 24, 2025, the Commission issued an order denying the abandonment application, stating that the transmission facilities do not directly serve end-users in a manner consistent with local distribution. In the denial order, the Commission found that the facilities hold similar physical and geographic characteristics to local distribution, the service function does not comply in the same manner and has remained the same since the initial certification in 2003. On May 22, 2025, NGO Transmission submitted a request for rehearing of the April 24 order. Agenda item C-2 may be an order on the rehearing request.

C-3 – Rover Pipeline LLC (Docket No. CP25-535-000). On August 8, 2025, Rover Pipeline LLC (Rover) filed an abbreviated application for a blanket CPCN, pursuant to Section 7(c) of the NGA. In the CPCN application, Rover stated that, due to a potentially significant artificial intelligence and data center customer proposing to construct facilities within 1,000 feet of Rover pipeline facilities, it would only be able to provide service to the potential customer if it were able to construct the necessary interconnection by the beginning of 2026. Accordingly, Rover requested that the Commission act on a expedited basis and issue a blanket CPCN by October 16, 2025, at the latest. Rover currently operates pursuant to a Section 7(c) CPCN issued by the Commission in 2017, but does not hold a Part 157, Subpart F blanket certificate which requires Rover to submit individual NGA Section 7(c) filings for each proposed project. Rover contended that, with a blanket certificate, it could act quickly in response to the "rapidly changing current customer and market developments," similar to the artificial intelligence and data center customer for this submission. On August 19, 2025, the Commission issued the Environmental Assessment for the project, concluding that the action would qualify for a categorical exclusion. Agenda item C-3 may be an order on the blanket certificate application.

White & Case means the international legal practice comprising White & Case LLP, a New York State registered limited liability partnership, White & Case LLP, a limited liability partnership incorporated under English law and all other affiliated partnerships, companies and entities.

This article is prepared for the general information of interested persons. It is not, and does not attempt to be, comprehensive in nature. Due to the general nature of its content, it should not be regarded as legal advice.

© 2025 White & Case LLP

Top