On January 15, 2026, the Environmental Protection Agency (EPA) published the long-awaited proposed rule Updating the Water Quality Certification Regulations (Proposed Rule), which, if adopted, would largely reinstate the previous Trump administration’s 2020 Clean Water Act Section 401 Certification Rule
Washington Energy Report
The Washington Energy Report, published by Troutman Pepper Locke, focuses on regulatory developments and enforcement actions related to energy markets and infrastructure. It covers Federal Energy Regulatory Commission (FERC) decisions on transmission tariffs, demand resource testing, pipeline price indices, and generator interconnection processes. The blog also addresses FERC rulemakings, policy proceedings, and litigation involving market manipulation and tariff compliance. Topics include regulatory certainty initiatives, enforcement proceedings, and procedural updates affecting oil pipelines, electricity markets, and natural gas infrastructure. The content is relevant for stakeholders in energy regulation, market operations, and compliance within the U.S. energy sector.
Latest from Washington Energy Report - Page 6
FERC Terminates Au Train Hydroelectric Project License by Implied Surrender
On December 29, 2025, FERC terminated the hydropower license for the 0.9-megawatt Au Train Hydroelectric Project (FERC Project No. 10856), located on the Au Train River in Alger County, Michigan (Termination Order). FERC concluded that termination of the license by…
D.C. Circuit Declines to Reconsider its Prior Order Restoring an Emergency Affirmative Defense for Emissions Violations Under the Clean Air Act
On January 2, 2026, the D.C. Circuit declined to rehear en banc its prior order restoring the Clean Air Act’s (CAA) Title V affirmative defense to liability for excess emissions caused by emergency events. A group of environmental organizations had…
ISO-NE Seeks to Establish a Prompt Capacity Market and Deactivation Framework
By Ben Duwve & Emily Beard
On December 30, 2025, ISO New England Inc. (ISO-NE) and the New England Power Pool Participants Committee (NEPOOL) filed proposed revisions to ISO-NE’s Transmission, Markets and Services Tariff (Tariff) to establish a prompt capacity market and deactivation framework (CAR-PD) to…
FERC Approves SPP Tariff Revisions Allowing Real-Time Dispatchable Interchange Transactions
On December 10, 2025, FERC accepted Southwest Power Pool, Inc.’s (SPP) proposed tariff revision to extend its existing day-ahead market dispatchable transaction model into the real-time balancing market (RTBM). The Commission found the proposal to be just and reasonable and…
FERC Orders PJM to Establish Terms and Conditions in its Tariff for Co-Location Arrangements
On December 18, 2025, FERC directed PJM Interconnection, L.L.C. (“PJM”) to revise its Open Access Transmission Tariff (“Tariff”) to:
1) establish terms that an Interconnection Customer seeking to serve co-located load must follow when effectuating a co-location arrangement;2) clarify the…
FERC Upholds Application of SFV Rate Design to NGPA Section 311 Service
On December 18, 2025, FERC maintained that gas pipelines offering service under section 311 of the Natural Gas Policy Act (NGPA) that base their section 311 rates on state-approved rates must nonetheless comply with Straight-Fixed Variable (SFV) rate design or…
FERC Accepts MISO’s Revised Demand Resource Real Power Testing Requirements
On November 17, 2025, FERC accepted the Midcontinent Independent System Operator, Inc.’s (MISO) proposed revisions to its Open Access Transmission Tariff (OATT) to modify real power testing requirements for Demand Resources. MISO specifically proposed more stringent requirements for Demand Resources…
FERC Terminates Long-Pending Rulemaking and Policy Proceedings
On November 20, 2025, FERC terminated several long-pending rulemaking and policy dockets in an effort to provide “regulatory certainty.” Specifically, FERC closed RM22-20, RM18-10, RM20-7, and PL20-7.
RM22-20 proposed requiring that any entity communicating with FERC or other specified organizations…
FERC Stabilizes Oil Pipeline Price Index Levels for 2021-2026 Period
By Ben Duwve & Antonia Douglas
On November 20, 2025, FERC took several steps aimed at finalizing oil pipeline price index levels for the July 1, 2021, to June 30, 2026, time period (“2021-2026 Period”). First, FERC set the oil pipeline index level for the 2021-2026…