Summaries of the agenda items for the Federal Energy Regulatory Commission's monthly open meeting to be held on October 15, 2026, pursuant to the sunshine notice released on October 8, 2026.
Electric
E-1 – McKenzie Electric Cooperative, Inc. v. Basin Electric Power Cooperative (Docket No. EL25-92-001). On June 10, 2025, McKenzie Electric Cooperative, Inc. (McKenzie) filed a complaint against Basin Electric Power Cooperative (Basin), pursuant to sections 306 and 309 of the Federal Power Act (FPA) and Rule 206 of the Commission's Rules of Practice and Procedure. In the complaint, McKenzie alleged that Basin engaged in a sham transaction by acquiring a $928,000 loan from the Rural Utilities Service (RUS) to evade the Commission's jurisdiction and requested that the Commission find the transaction void or ineffective for jurisdictional purposes and inconsistent with section 204 of the FPA. On June 30, 2025, Basin filed an answer to the complaint, stating that McKenzie failed to identify a violation of statutory standards and that section 201(f) of the FPA explicitly exempts electric cooperatives receiving financing under the Rural Electrification Act of 1936 from Commission regulation. On May 21, 2026, the Commission issued an order denying the complaint, finding that the $928,000 RUS loan was consistent with Basin's blanket authorization under section 204 of the FPA. On June 22, 2026, McKenzie, Tri-State Generation and Transmission Association, Inc., and Sierra Club filed respective requests for rehearing, contending that the Commission failed to evaluate the purpose of the RUS loan as regulatory arbitrage, failed to consider evidence unavailable during the blanket authorization proceedings, and failed to articulate how the RUS loan complies with section 204 of the FPA independent of the blanket authorization. Agenda item E-1 may be an order on the respective requests for rehearing.
E-2 – North American Electric Reliability Corporation (Docket No. RR26-3-000). On August 24, 2026, the North American Electric Reliability Corporation (NERC) submitted a request, pursuant to 18 C.F.R. § 39.4, for acceptance of the 2027 Business Plans and Budgets of NERC, the six Regional Entities, and the Western Interconnection Regional Advisory Body (WIRAB), and for approval of the proposed assessments to fund the 2027 budgets. In the request, NERC proposed a 2027 budget of $140,044,000 for itself, stating that the total Electric Reliability Organization statutory funding requirement for 2027 to be funded by assessments is $316,816,272, comprising $125,055,568 for NERC and $191,760,704 for the Regional Entities and WIRAB. Agenda item E-2 may be an order regarding the request for acceptance of the 2027 Business Plans and Budgets.
E-3 – IGS CTS, LLC (Docket Nos. EL26-84-000, QF26-1177-001). On June 23, 2026, IGS CTS, LLC (IGS CTS) filed a petition for declaratory order pursuant to Rule 207 of the Commission's Rules of Practice and Procedure and section 292.203(d)(2) of the Commission's regulations. In the petition, IGS CTS requested a partial waiver of section 292.203(a)(3) of the Commission's regulations applicable to small power production qualifying facilities (QF) for the period from December 3, 2025 through June 17, 2026. IGS CTS stated that it inadvertently failed to timely submit a Form No. 556, Notice of Self-Certification of Qualifying Facility Status, for a 1.25 MW solar photovoltaic generating facility located in Montgomery County, Ohio, until June 17, 2026. IGS CTS stated that the facility produced test energy on December 3, 2025, and began commercial operations on December 4, 2025, and that it sells the entire output of the facility at retail pursuant to a long-term firm power sales contract with an on-site end-use customer. IGS CTS requested the waiver to obtain certain regulatory exemptions, stating that it has not made wholesale sales of energy or capacity and does not seek exemptions from sections 205 and 206 of the FPA. Agenda item E-3 may be an order on the petition for declaratory order.
E-4 – FirstLight Power Management LLC, FirstLight CT Housatonic LLC, FirstLight MA Hydro LLC, Northfield Mountain LLC and Hull Street Energy, LLC (Docket No. EC26-110-000). On June 15, 2026, FirstLight Power Management LLC, FirstLight CT Housatonic LLC, FirstLight MA Hydro LLC, Northfield Mountain LLC, and Hull Street Energy, LLC (collectively, the Applicants) filed a joint application pursuant to sections 203(a)(1) and 203(a)(2) of the FPA and Part 33 of the Commission's regulations. In the joint application, the Applicants requested authorization for a transaction where HSE FirstLight, LLC will acquire 100 percent of the ownership interests in PSP FL USA LLC, which indirectly owns 100 percent of the ownership interests in FirstLight Power Management LLC, FirstLight CT Housatonic LLC (owner of the 118 MW Housatonic River Project), FirstLight MA Hydro LLC (owner of the 68 MW Turners Falls Hydroelectric Project), and Northfield Mountain LLC (owner of the 1,168 MW Northfield Mountain Project). On July 20, 2026, the Applicants filed a supplement to the joint application, stating that HSE FirstLight, LLC will be affiliated with Fe Taft LLC, which is developing an approximately 200 MW battery energy storage facility located near Uxbridge, Massachusetts, and affirming that the inclusion of this facility does not adversely impact competition in the ISO New England, Inc. market. On July 27, 2026, and July 30, 2026, JustUs Community Perpetualization Project, Inc., Nora Woike, and Cheryl O. Lane, PhD filed respective protests, questioning whether the transaction involves Kingstree West 115 LLC and Kingstree East 230 LLC, which are developing solar generation facilities in Williamsburg County, South Carolina. On August 5, 2026, the Applicants filed an answer to the protests, clarifying that the proposed transaction does not include, affect, or relate to Kingstree West 115 LLC, Kingstree East 230 LLC, or any Ingka-affiliated entity. Agenda item E-4 may be an order on the joint application.
E-5 – PJM Interconnection, L.L.C. (Docket No. ER24-2045-005). On May 16, 2024, PJM Interconnection, L.L.C. (PJM) submitted an initial compliance filing with respect to Order Nos. 2023 and 2023-A. In the compliance filing, PJM proposed revisions to its Open Access Transmission Tariff (Tariff) to implement generator interconnection process reforms. On June 20, 2024, Longroad Energy Holdings, LLC filed a motion to intervene and protest regarding the compliance filing, stating that PJM's request to not accept surety bonds in the cluster study process should be rejected, and stating that surety bonds are typically structured without conditions that undermine their use as financial security. On the same day, various parties submitted seven separate protests, stating that PJM failed to meet the requirements of Order No. 2023 and lacked adequate justification for a deviation under the independent entity variation standard. On July 12, 2024, PJM filed an answer to the protests, stating that its Tariff already substantially complied with the requirements of Order Nos. 2023 and 2023-A, and stating that changing its interconnection process reforms midway would be counterproductive and disruptive. On July 31, 2024, the Commission issued a letter requesting additional information regarding the compliance filing. On October 29, 2024, PJM submitted a response to the letter. On November 19, 2024, various parties submitted protests regarding the response, stating that PJM failed to substantiate its request for numerous deviations under the independent entity variation standard. On July 24, 2025, the Commission issued an order on compliance, finding that PJM partially complied with Order Nos. 2023 and 2023-A, and directing PJM to submit a further compliance filing within 60 days to propose Tariff revisions incorporating required public interconnection information requirements and removing provisions that permit transmission owners to waive scoping meetings. On August 25, 2025, PJM filed a request for rehearing of the July 24 order. On October 23, 2025, PJM submitted a further compliance filing. On November 12, 2025, PJM filed a motion for leave to file the further compliance filing one day out-of-time, attributing the inadvertent delay to an eTariff technical error. On November 13, 2025, several parties filed respective comments and protests regarding the October 23 compliance filing, stating that PJM failed to adequately justify its new requests for independent entity variations and improperly raised new requirements governing the terms of service for co-located generating facilities. On April 16, 2026, the Commission issued an order on compliance, accepting in part the October 23 compliance filing and directing further compliance. On June 15, 2026, PJM submitted a further compliance filing, proposing Tariff revisions to clarify that the proposed commercial operation date of a project shall not exceed seven years from the date PJM receives the generation interconnection request. PJM also proposed applying a proportional impact method to allocate costs for system network upgrades, allocating costs for substation network upgrades on a per capita basis, incorporating study delay penalties, and providing estimates of the time and cost for affected system impact studies. PJM stated that it will evaluate an enumerated list of alternative transmission technologies during Phase I, Phase II, and Phase III system impact studies, requesting independent entity variations for a separate 180-day affected system facilities study period. PJM also requested an indefinite effective date for the Tariff revisions, projecting that its third interconnection cycle will open on June 22, 2027. Agenda item E-5 may be an order regarding the June 15 further compliance filing.
E-6 – Mammoth Central LLC (Docket Nos. ER26-2932-000, TS26-5-000). On June 23, 2026, Mammoth Central LLC (Mammoth Central) filed a request for temporary waivers, pursuant to sections 35.28(d) and 35.28(f) of the Commission's regulations. In the request, Mammoth Central sought waiver of the Commission's open access transmission tariff, open access same-time information system, and Standards of Conduct requirements, as well as a waiver of the 60-day prior notice filing requirement, for the limited period that it will own certain Transmission Owner Interconnection Facilities and Stand Alone Network Upgrades (collectively, TOIF) and certain Customer Interconnection Facilities (CIF) that it will continue to own after transferring the TOIF to AEP Indiana Michigan Transmission Company, Inc. Mammoth Central stated that it is developing an approximately 300 MW alternating-current solar photovoltaic-powered electric generating facility in Pulaski County, Indiana, and that the TOIF will be energized on June 29, 2026. On September 11, 2026, Mammoth Central filed a supplement to the request, providing a detailed description of the TOIF and CIF components. Agenda item E-6 may be an order regarding the request for temporary waivers.
E-7 – Mammoth South LLC (Docket Nos. ER26-2949-000, TS26-6-000). On June 23, 2026, Mammoth South LLC (Mammoth South) filed a request for temporary waivers pursuant to sections 35.28(d) and 35.28(f) of the Commission's regulations. In the request, Mammoth South sought waiver of the Commission's open access transmission tariff, open access same-time information system, and Standards of Conduct requirements, as well as a waiver of the 60-day prior notice filing requirement, for the limited period that it will own certain TOIF and certain CIF that it will continue to own after transferring the TOIF to AEP Indiana Michigan Transmission Company, Inc. Mammoth South stated that it is developing an approximately 300 MW alternating-current solar photovoltaic-powered electric generating facility in Pulaski County, Indiana, and that the TOIF will be energized on June 25, 2026. On September 11, 2026, Mammoth South filed a supplement to the request, providing a detailed description of the TOIF and CIF components. Agenda item E-7 may be an order regarding the request for temporary waivers.
E-8 – Lost Island Wind Energy, LLC (Docket No. ER26-3431-000). On July 31, 2026, Lost Island Wind Energy, LLC (Lost Island) filed a petition for limited tariff waiver and request for expedited action, pursuant to Rule 207(a)(5) of the Commission's Rules of Practice and Procedure. In the petition, Lost Island requested a prospective, limited waiver of Article 2.3.1 of the Generator Interconnection Agreement (GIA) (J1270), dated June 5, 2023, among the Midcontinent Independent System Operator, Inc. (MISO), MidAmerican Energy Company (MidAmerican), and Lost Island, and Section 4.4.4 of Attachment X to MISO's Open Access Transmission Tariff, to permit a 24-month extension of the Commercial Operation Date under the GIA from December 14, 2028, to December 14, 2030. Lost Island stated that it is developing the Lost Island Wind Project, a 200 MW utility-scale wind generation facility located in Palo Alto County, Iowa, and that the requested extension is necessary due to ongoing litigation in the Iowa Court of Appeals challenging the Site Plan Review and Approval Permit issued by the Palo Alto County Board of Supervisors. Lost Island affirmed that neither MISO nor MidAmerican opposes the waiver and requested that the Commission approve the petition by no later than October 9, 2026. Agenda item E-8 may be an order on the petition.
E-9 – Deseret Generation & Transmission Co-operative, Inc. (Docket No. ER26-3333-000). On July 30, 2026, Deseret Generation & Transmission Co-operative, Inc. (Deseret) filed a notice of non-material change in status and proposed revisions to its market-based rate tariff, pursuant to section 205 of the FPA. In the notice, Deseret stated that it became a market participant in the Southwest Power Pool Regional Transmission Organization expansion of the Integrated Marketplace to the Western Interconnection effective April 1, 2026, and a market participant in the PacifiCorp East area of the California Independent System Operator Extended Day Ahead Market effective May 1, 2026. Deseret proposed modifications to its market-based rate tariff to recognize these market constructs, stating that its participation does not materially affect the facts and circumstances that the Commission relied upon in granting its market-based rate authority. On August 13, 2026, the Commission issued a letter, stating that it will treat the July 30 filing as a non-statutory notice of change in status and not as a statutory tariff revision. Agenda item E-9 may be an order regarding the notice of non-material change in status.
E-10 – Stony Creek Wind Farm, LLC (Docket Nos. ER23-2595-000, ER23-2595-001, EL23-98-000). On August 9, 2023, Stony Creek Wind Farm, LLC (Stony Creek) submitted an informational filing relating to its rate schedule for Reactive Supply and Voltage Control from Generation or Other Sources Service and a request for waiver of the 90-day prior notice requirement. In the informational filing, Stony Creek stated that a planned upstream change in control to RWE Investco Mgmt, LLC will not change the underlying costs associated with its 52.5 MW wind generating facility located in Somerset County, Pennsylvania. On September 18, 2023, the Commission issued an order accepting the informational filing, granting the waiver, and instituting a proceeding pursuant to section 206 of the FPA regarding the continued justness and reasonableness of the rate schedule. On April 19, 2024, Stony Creek filed an offer of settlement to resolve all issues set for hearing, proposing a black box annual revenue requirement of $142,500. On May 9, 2024, Commission Trial Staff filed initial comments supporting the offer of settlement, stating that the agreement is fair, reasonable, and provides significant benefits to ratepayers by reducing the annual revenue requirement. On the same day, Monitoring Analytics, LLC, acting in its capacity as the Independent Market Monitor for PJM (IMM), filed comments in opposition to the offer of settlement, stating that the proposed annual revenue requirement is equivalent to $2,714.29 per MW-year, which is 1.41 times higher than the $1,927 per MW-year average rate paid for reactive power in PJM. On May 20, 2024, Stony Creek and Commission Trial Staff filed respective reply comments, stating that the IMM failed to raise a genuine issue of material fact and that the offer of settlement represents a cumulative 54 percent reduction from the initial as-filed rate. On May 21, 2024, the Commission issued a report of contested settlement. On May 28, 2024, the Commission issued an order terminating settlement judge procedures. Agenda item E-10 may be an order on the offer of settlement.
E-11 – Conyers Renewable Power, LLC (Docket Nos. EL26-80-000, QF14-355-003). On June 16, 2026, Conyers Renewable Power, LLC (Conyers) filed a petition for declaratory order, pursuant to Rule 207 of the Commission's Rules of Practice and Procedure and section 292.203(d)(2) of the Commission's regulations. In the petition, Conyers requested a partial waiver from the QF filing requirement for the period from April 10, 2020 through March 16, 2026. Conyers stated that it inadvertently failed to timely submit a recertification of QF status to reflect a change in upstream ownership for its 3.2 MW landfill gas generation facility located in Ellenwood, Georgia, until March 16, 2026. Conyers stated that the facility satisfied all substantive QF requirements during the waiver period, requesting the waiver to remain eligible for regulatory exemptions under sections 292.601 and 292.602 of the Commission's regulations, excluding exemptions from sections 205 and 206 of the FPA. Conyers also requested that the Commission accept a concurrently filed refund report calculating $626,452.22 for the time value of revenues collected during the waiver period. Agenda item E-11 may be an order regarding the petition for declaratory order.
Gas
G-1 – Revisions to Oil Pipeline Regulations Pursuant to the Energy Policy Act of 1992 and Five-Year Review of the Oil Pipeline Index (Docket Nos. RM93-11-004, RM20-14-005). On September 17, 2024, the Commission issued an order reinstating the oil pipeline index level of Producer Price Index for Finished Goods (PPI-FG) plus 0.78 percent, as directed by the United States Court of Appeals for the District of Columbia Circuit. In the order, the Commission stated that it would address remaining material issues in a subsequent order. On September 23, 2024, and October 3, 2024, Air Transport Association of America, Inc., et al. and Apache Corporation, et al. filed a respective petition for action and request for rehearing, requesting that the indexed rate filings made pursuant to the September 17 order be made effective subject to refund and that the Commission readopt a vacated index level of PPI-FG minus 0.21 percent. On November 20, 2025, the Commission issued an order denying the petition and the request for rehearing, and granting remedies, holding that pipelines that charged the maximum rates permitted under a vacated January 20, 2022 rehearing order during a locked-in period from March 1, 2022 to September 17, 2024 may recover the difference between the amounts charged and the amounts that would have been chargeable under a December 17, 2020 initial order. On December 22, 2025, Kinder Morgan, Inc. and Energy Transfer LP filed respective requests for clarification and rehearing of the November 20 order. Kinder Morgan, Inc. sought clarification that the Commission did not intend to limit remedial relief to instances where pipelines charged maximum rates, contending that relief should also be available for contract, formula, or discounted rates, as well as rates constrained by the 10 percentage-point threshold of the Percentage Comparison Test, that were below the maximum but still impacted by the vacated order. Energy Transfer LP requested clarification that recouped assessments for the locked-in period must include interest. On January 6, 2026, EPR Shippers, Apache Corporation, et al., and Murphy Oil USA, Inc. filed respective answers opposing the requests, stating that the Commission did not authorize interest on retroactive amounts and that expanding the scope of eligible pipelines lacks record evidence. On January 21, 2026, PBF Holding Company LLC filed an answer in support of a January 13, 2026 motion for stay filed by Air Transport Association of America, Inc., et al., stating that absent a stay, shippers face irreparable harm from paying millions of dollars in retroactive payments and unauthorized interest charges without a guarantee of repayment. On the same day, World Fuel Services, Inc. filed an answer supporting Apache Corporation, et al., agreeing that denying interest ensures all parties bear a share of the cost of the Commission's legal error. Agenda item G-1 may be an order regarding the respective requests for clarification and rehearing.
Certificates
C-1 – Authorizations for Certain Activities at Liquefied Natural Gas Plants (Docket No. RM26-2-001). On November 20, 2025, the Commission issued a Notice of Inquiry (NOI) regarding authorizations for certain activities at liquified natural gas (LNG) plants. In the NOI, the Commission sought comments from stakeholders to help it explore revising Part 153, 157, and 380 regulations to establish streamlined procedures for authorizing activities at LNG plants without case-specific authorization orders under sections 3 and 7 of the Natural Gas Act (NGA). Comments in response were submitted in January 2026. A number of commenters supported the establishment of blanket authorizations for transparent, simple, and routine activities at LNG facilities, while commenters like Our Children's Trust, Earthjustice, and Delaware Riverkeeper Network submitted comments condemning the Commission's proposed streamlined process due to speculated environmental harm, illegality, and a lack of need. The Center for LNG, the American Petroleum Institute, and the Interstate Natural Gas Association of America specifically proposed a three-tiered structure that would include automatic authorization for minor modifications, standard prior-notice authorization for facility changes, and an enhanced prior notice process for new liquefaction trains, LNG storage tanks, or berths. The Attorneys General for Maryland, Oregon, Connecticut, Delaware, Massachusetts, Michigan, New York, Rhode Island, and Vermont and the Coastal States Organization submitted comments expressing concern about the ambiguity of the proposed rulemaking in its current form. Agenda item C-1 may be an order establishing a proposed rule related to the NOI.
C-2 – Environmental Review of Natural Gas Act Applications (Docket No. PL26-3-000). The formal record in Docket No. PL26-3-000 has not yet been populated. Agenda item C-2 may be an action that is being taken sua sponte by the Commission with respect to a new rulemaking proceeding relating to the Environmental Review of Natural Gas Act Applications.
C-3 – Columbia Gulf Transmission, LLC (Docket No. CP26-11-000). On October 15, 2025, Columbia Gulf Transmission, LLC (Columbia Gulf) 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 abbreviated application, Columbia Gulf requested Commission approval of its Pulaski Project (Project), located in Lincoln and Pulaski counties, Kentucky, on or before October 15, 2026 to give it sufficient time for construction and completion. Columbia Gulf aims to meet its targeted in-service date of February 1, 2029. On November 19, 2025, Antero Resources Corporation (Antero) submitted comments requesting further scrutiny from the Commission on the Project, highlighting concerns that the Project could degrade service to Columbia Gulf's existing customers. On December 4, 2025, Columbia Gulf filed an answer in response to Antero's concerns, arguing that none of its existing customers would be adversely affected and would instead benefit from the Project. Antero submitted its response on December 12, 2025, asserting that Columbia Gulf had not addressed Antero's primary concern that Columbia Gulf's current shippers could be adversely affected by exacerbated issues with its service. Columbia Gulf submitted its answer to Antero on December 22, 2025, stating Antero's concerns were without merit and that the Commission should not delay approval of the Project. In the following months, the Commission issued multiple data requests and environmental information requests, which were each responded to by Columbia Gulf. On February 5, 2026, the Commission issued several letters inviting different nations and coalitions of Native Americans to participate in its review of the Project. On June 22, 2026, the Commission issued an Environmental Assessment (EA), finding that if Columbia Gulf completed the Project as outlined in its application, it would not significantly affect environmental quality. Agenda item C-3 may be an order regarding the CPCN application.
C-4 – Louisiana LNG Infrastructure LLC (Docket No. CP26-537-000), Driftwood Pipeline LLC (Docket No. CP17-118-000). On March 31, 2017, Driftwood LNG LLC (Driftwood LNG) submitted its application for authorizations under sections 3 and 7 of the Natural Gas Act (NGA). Over the course of several months, the Commission's Office of Energy Projects issued letters requesting Driftwood LNG to provide responses to assist in the Commission's analysis of the Driftwood LNG project, as well as data requests. Driftwood responded to each of the Commission's letters. On September 14, 2018, the Commission issued its draft environmental impact statement (EIS) for the Driftwood LNG project. On January 18, 2019, the Commission issued its final EIS, and on April 18, 2019, it issued an order granting authorization for the Driftwood LNG project. In the following months, Driftwood LNG submitted its implementation plans and the Commission issued construction inspection reports for the project. On December 22, 2022, after receiving a filing from Sierra Club alleging that Driftwood LNG failed to adhere to environmental conditions required by prior Commission orders, the Commission issued a letter to Driftwood LNG stating that formal complaint procedures would not apply and that the Commission would review the matter. On June 1, 2026, in Docket No. CP26-537-000, Louisiana LNG Infrastructure LLC (Louisiana LNG) submitted its application for limited amendment to authorization granted under section 3 of the NGA and request for expedited action. On June 30, 2026, the Commission issued its environmental assessment report for Louisiana LNG and Driftwood LNG pursuant to NGA part 153. Agenda item C-4 may be an order on the authorization of the Driftwood LNG and Louisiana LNG projects.
Caroline Winther (White & Case, Associate, Washington, DC) contributed to the development of this publication.
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.
© 2026 White & Case LLP
