On January 13, 2026, the United States Court of Appeals for the District of Columbia Circuit (D.C. Circuit) in FERC v. PJM Interconnection, LLC., et al., held that FERC erred in concluding that a prior decision of the United States
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
Senate Proposes Bill to Exempt Isolated Large Loads from Federal Regulation
On January 7, 2026, Senator Tom Cotton (R-AR) introduced the Decentralized Access to Technology Alternatives Act (DATA Act) (S.3585), that if adopted, would exempt isolated large loads from regulation under the Federal Power Act (FPA) and the implementing regulations of…
Battery Chemistry’s AI Era
Host Bill Derasmo sits down with ZincFive’s vice president of global sales and product management, Brandon Smith, to talk about why nickel-zinc battery chemistry is built for the AI era. With a career that spans oil and gas, UPS systems,…
FERC Accepts SPP’s Large Load Interconnection Process
On January 14, 2026, FERC accepted the Southwest Power Pool, Inc.’s (SPP) revisions to its Open Access Transmission Tariff (Tariff) to create a High Impact Large Load (HILL) study process and High Impact Large Load Generation Assessment (HILLGA) process. The…
EPA’s Proposed CWA 401 Rule Narrows Scope of State Reviews, Reins in Timelines
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…
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…