FERC publishes September 2026 open meeting agenda United States; CIP-014-4 1,500-foot proximity rule

FERC publishes September 2026 open meeting agenda United States; CIP-014-4 1,500-foot proximity rule

Summary of FERC Meeting Agenda for September 2026 | White & Case LLP

Summary of FERC Meeting Agenda for September 2026

Summaries of the agenda items for the Federal Energy Regulatory Commission’s monthly open meeting to be held on September 10, 2026, pursuant to the sunshine notice released on September 3, 2026.

E-1 – North American Electric Reliability Corporation (Docket No. RD26-9-000). On July 16, 2026, the North American Electric Reliability Corporation (NERC) filed a petition for approval of proposed Reliability Standard CIP-014-4. In the petition, NERC stated that the proposed physical security standard would identify and protect transmission stations, transmission substations, and their associated primary control centers that could result in instability, uncontrolled separation, or cascading within an interconnection if rendered inoperable or damaged due to a physical attack. To address inconsistent practices identified in an April 2023 evaluation report, NERC noted that CIP-014-4 would align the risk assessment cycle, requiring transmission owners to identify applicable facilities existing or planned to be in service within a 36-month timeframe. NERC stated that the revisions include a new provision mandating the identification of proximate existing Bulk Electric System transmission stations and substations within 1,500 feet or 457 meters measured from substation fence line to substation fence line to evaluate the impact of a physical attack on adjacent equipment. The standard would require a documented risk assessment methodology, specifying the performance of both steady-state and dynamic simulations using at least one system peak load case and one system off-peak load case. NERC requested a 24-month implementation plan to allow adequate time for transmission owners and operators to determine applicability, perform risk assessments, and procure unaffiliated third parties for verification. Agenda item E-1 may be an order regarding the petition for approval of Reliability Standard CIP-014-4.

E-2 – ISO New England Inc. (Docket No. EL26-45-000). On March 10, 2026, the Commission issued an order establishing a show cause proceeding against ISO New England Inc. (ISO-NE), pursuant to section 206 of the Federal Power Act (FPA). In the show cause order, the Commission stated that the ISO-NE Transmission, Markets and Services Tariff (Tariff) may be unjust and unreasonable due to a lack of provisions enabling the correction of improper or erroneous payments or charges. The Commission directed ISO-NE to either prove why the Tariff remains just and reasonable without a mechanism to adjust erroneous Capacity Performance Payment charges prior to final settlement and refund erroneously received payments, or explain how it will revise the rules to remedy the identified concerns. On May 8, 2026, ISO-NE submitted an answer, proposing two narrow changes to the ISO New England Billing Policy to add a mechanism to accept and allocate improper payments back to the Capacity Load Obligation cost allocator and to expand the Requested Billing Adjustment process by removing language that limits corrections solely to ISO-NE errors. ISO-NE stated that the market settlement rules must retain the prohibition on correcting errors that impact unit commitment or real-time dispatch, noting the inability to determine counterfactual operations or fund hypothetical settlements to reverse charges like the $68,000 Capacity Performance Payment at issue in a prior waiver proceeding. On June 8, 2026, Massachusetts Municipal Wholesale Electric Company, Connecticut Municipal Electric Energy Cooperative, and Vermont Public Power Supply Authority filed comments, expressing support for revisions allowing the acceptance and distribution of erroneously received funds but reserving comment on specific language due to concerns regarding the level of discretion ISO-NE might retain in allocating the refunds. Agenda item E-2 may be an order regarding the proposed Tariff provisions.

E-3 – Tri-State Generation and Transmission Association, Inc. (Docket No. ER20-681-016). On March 19, 2026, Tri-State Generation and Transmission Association, Inc. (Tri-State) filed a notice of change in status, reflecting its impending participation in the Southwest Power Pool, Inc. (SPP) expansion into the Western Interconnection (SPP RTO West) effectuated on April 1, 2026. Tri-State submitted a horizontal market power analysis to ensure ongoing authorization for market-based rate (MBR) sales, given SPP RTO West’s operation as a new balancing authority area within a single, expanded market. Tri-State stated that it passed the indicative pivotal supplier screen for the December 1, 2021 through November 30, 2022 study period, noting that its 2,079 MW of uncommitted capacity is less than the 55,508 MW of net uncommitted supply in the expanded SPP market, which continued to support the rebuttable presumption that it lacks market power in energy and ancillary services. Tri-State requested an effective date of April 1, 2026 for limited revisions to its MBR tariff to authorize transactions in the integrated marketplace. On April 15, 2026, Tri-State submitted a supplement, stating that the SPP RTO West expansion went live on April 1, 2026, which superseded a prior change in status filing for the Western Area Power Administration - Colorado-Missouri balancing authority area and rendered the associated rates no longer subject to refund. Agenda item E-3 may be an order regarding the notice of change in status.

E-4 – Grays Harbor Energy LLC, Hardee Power Partners Limited, Invenergy Cannon Falls LLC, Invenergy Nelson LLC, Invenergy Nelson Expansion LLC, Lackawanna Energy Center LLC, Spindle Hill Energy LLC and Gray Wolf Power, LLC (Docket No. EC26-76-000). On March 24, 2026, Grays Harbor Energy LLC, Hardee Power Partners Limited, Invenergy Cannon Falls LLC, Invenergy Nelson LLC, Invenergy Nelson Expansion LLC, Lackawanna Energy Center LLC, Spindle Hill Energy LLC, and Gray Wolf Power, LLC (collectively, the Applicants) submitted a joint application, pursuant to section 203(a)(1) of the FPA. In the filing, the Applicants requested authorization for the disposition of jurisdictional facilities resulting from a proposed transaction whereby Gray Wolf Power, LLC will acquire 50 percent of the interests in Invenergy AMPCI Thermal Power LLC from InfraBridge North America Thermal Power Acquisition LLC. On May 26, 2026, the Independent Market Monitor for PJM (IMM) submitted comments, noting that the transaction would increase the generation owned by ArcLight Capital Partners, LLC to 11,822 MW in PJM Interconnection, L.L.C. (PJM) and proposing behavioral commitments to prevent the removal of existing capacity to serve data center loads and to mitigate the exercise of market power in the Chesapeake submarket. On June 10, 2026, the Applicants filed an answer, stating that the IMM improperly relied on pivotal supplier tests instead of the codified delivered price test and that PJM market rules already prohibit the hypothesized conduct regarding resources on both sides of a constraint. On June 22, 2026, the IMM submitted an answer, stating that the transaction is inextricably intertwined with related acquisitions involving SoftBank Group Corp. and DigitalBridge Group, Inc. and that the failure to address the cumulative increase in market power withholds material information. On July 7, 2026, the Applicants filed a reply, stating that the transactions are legally distinct and only one is conditioned on another, noting that the cumulative market power concerns are misplaced as the combined effect was analyzed conservatively in a separate proceeding. Agenda item E-4 may be an order regarding the FPA section 203 application.

E-5 – Bluestone Farm Solar, LLC (Docket No. ER20-1385-004), ENGIE 2020 ProjectCo-NH1 LLC (Docket No. ER22-210-002), ENGIE Energy Marketing NA, Inc. (Docket No. ER17-1370-010), ENGIE Portfolio Management, LLC (Docket No. ER16-581-011), ENGIE Power & Gas LLC (Docket No. ER21-2204-004), ENGIE Resources LLC (Docket No. ER16-2271-010), ENGIE Solidago Solar LLC (Docket No. ER22-1929-002), Genbright LLC (Docket No. ER21-1254-004), Hawtree Creek Farm Solar, LLC (Docket No. ER21-1498-003), MATEP LLC (Docket No. ER10-3194-009), MATEP Limited Partnership (Docket No. ER10-3195-010), Sunnybrook Farm Solar, LLC (Docket No. ER22-1927-002), Powells Creek Farm Solar, LLC (Docket No. ER22-1945-001), Salt City Solar LLC (Docket No. ER22-1928-001), Whitehorn Solar LLC (Docket No. ER20-1853-003). On June 29, 2023, Bluestone Farm Solar, LLC, ENGIE 2020 ProjectCo-NH1 LLC, ENGIE Energy Marketing NA, Inc., ENGIE Portfolio Management, LLC, ENGIE Power & Gas LLC, ENGIE Resources LLC, ENGIE Solidago Solar LLC, Genbright LLC, Hawtree Creek Farm Solar, LLC, MATEP LLC, MATEP Limited Partnership, Sunnybrook Farm Solar, LLC, Powells Creek Farm Solar, LLC, Salt City Solar LLC, and Whitehorn Solar LLC (collectively, ENGIE Northeast MBR Sellers) filed a triennial market power update for the Northeast region, pursuant to section 205 of the FPA. In the triennial, ENGIE Northeast MBR Sellers stated that they continue to satisfy the requirements for MBR authorization in all relevant markets, relying upon Commission-approved market monitoring and mitigation to address potential horizontal market power and confirming a lack of vertical market power. On August 28, 2023, the IMM for PJM submitted comments, noting that the current rules for market power mitigation are insufficient to support MBR authorizations and proposing a separate proceeding pursuant to section 206 of the FPA to investigate whether existing mitigation remains just and reasonable. On September 15, 2023, PJM filed an answer, stating that the energy market results were competitive in the first six months of 2023 and that individual compliance proceedings are not the appropriate forum for generic market reforms. On May 4, 2026, the Commission issued a letter requesting additional information regarding the updated market power analysis. On June 4, 2026, ENGIE Northeast MBR Sellers submitted a response. On June 26, 2026, the Commission issued a second deficiency letter. On July 1, 2026, ENGIE Northeast MBR Sellers submitted a response. Agenda item E-5 may be an order regarding the triennial.

E-6 – TransAlta Energy Marketing (U.S.) Inc. (Docket No. ER23-276-000). On October 28, 2022, TransAlta Energy Marketing (U.S.) Inc. (TransAlta) filed a notice and justification for spot sales above the Western Electricity Coordinating Council (WECC) soft cap. In the filing, TransAlta furnished justification for three spot transactions executed on September 1 and September 6, 2022 to sell electricity for physical delivery in the WECC energy market at prices exceeding the $1,000

MWh soft price cap. To account for the lack of completed transactions at the Mead hub on September 6 for delivery on September 7, TransAlta noted index liquidity using a combination of the September 2 day-ahead Mead peak index of $1,166.65

MWh and the Palo Verde peak index. TransAlta stated that the prices are also justified under the opportunity cost framework, noting that the alternative sales option included selling into the California Independent System Operator Corporation market, where the maximum import bid price was raised to $2,000

MWh during the extreme heat event. TransAlta stated that the Mobile-Sierra doctrine should excuse it from its cost justification obligations. On November 18, 2022, Southern California Edison Company and Pacific Gas and Electric Company filed a joint protest, stating that the index liquidity demonstration improperly averaged data over a 90-day period rather than focusing on the specific transaction dates and requesting refunds for costs exceeding the $1,000

MWh cap. Also on November 18, 2022, the California Public Utilities Commission submitted a protest, stating that TransAlta fail