{"document":{"slug":"pjm-20261028-mc-regulatory-report","filename":"pjm-20261028-mc-regulatory-report.pdf","title":"MC Legal Report: Summary of Significant Filings, Legal Activity and Commission and Court Orders (Sep 14 to Oct 16, 2026)","url":"https://www.pjm.com/-/media/DotCom/committees-groups/committees/mc/2026/20261028/20261028-item-05c---pjm-regulatory-report.pdf","issued":"2026-10-28","group":"PJM stakeholder record","docket":"PJM stakeholder record","file":"sources/originals/pjm-20261028-mc-regulatory-report.pdf","kind":"stakeholder document","sha256":"6e782fbe29c6bbf931e261352edbcefc3f7ff8d10ceaa663ba52d04352d5c5ed","pages":7,"tokens":3706,"emptyPages":[]},"pages":[{"page":1,"startToken":0,"endToken":512,"text":"1 \n \nMC Legal Report  \nSummary of Significant Filings, Legal Activity \nand  \nFederal Energy Regulatory Commission (Commission) and Court Orders  \n(September 14, 2026 – October 16, 2026)  \n \nORDERS \n \nOn October 15, 2026, in Docket No. ER24-2045-005, the Commission issued an order partially accepting \na compliance filing in response to the Commission's directives in its April 16, 2026 order. The further \ncompliance filing revised PJM's Tariff in accordance with the Commission's Final Rule in its Order No. 2023 \nproceedings. The Commission directed PJM to submit a compliance filing that addresses the directives in \nthis order within 60 days of the date of this order and make a compliance filing to establish the effective \ndate of the records. \n \nOn October 12, 2026, the Department of Energy issued Order No. 202-26-50 pursuant to Federal Power \nAct section 202(c), finding that an imminent electric reliability emergency exists, directing PJM to dispatch \nSpecified Resources as needed to maintain reliability, and authorizing PJM to direct backup generation \nresources at large loads to operate as a last resort before declaring an Energy Emergency Alert (“EEA”) 3 \nor during an EEA 3. The order is effective October 13, 2026, and expires at 11:59 p.m. Eastern Prevailing \nTime on October 16, 2026. \n \nOn October 9, 2026, in Docket No. ER26-3515, the Commission issued an Order Accepting Tariff \nRevisions in Part and Rejecting Tariff Revisions in Part. The Commission directed PJM to submit a \ncompliance filing by November 8, 2026, of the tariff sections with the Large Load definition and the Large \nLoad Registry to remove the elements that were not accepted. \n \nOn October 7, 2026, in Docket Nos. EL15-18-006, et al., FERC issued an Order: (i) denying requests for \nrehearing regarding FERC's findings related to the de minimis exception to the SBDFAX methodology and \nassociated recalculation and rebilling requirements, (ii) granting limited rehearing regarding historical Tariff \nrequirements, (iii) granting certain clarifications regarding implementation; and (iv) setting several matters \nfor hearing and settlement proceedings. Further, FERC affirmed that PJM should not implement \nrecalculations or rebilling until it issues a further order. \n \nOn October 1, 2026, in Docket No. EL26-99-000, the Commission issued an Order denying the complaint \nfiled by Advantage Capital Renewables, LLC (Advantage Capital) against PJM challenging PJM’s \nwithdrawal of its Cycle 1 project. In denying Advantage Capital’s complaint, FERC found Advantage \nRenewables failed to meet its burden to show that PJM violated the Tariff during the interconnection \nprocess for the project. The Commission found that the Tariff entitles applicants one opportunity to cure, \nthat Advantage Capital did not cure the deficiencies identified by PJM, and upheld PJM’s decision to reject \nand withdraw the Advantage Capital project due to the unresolved deficiencies that remained as consistent \nwith the Tariff. \n \nOn October 1, 2026, in Docket No. ER26-3496-000, the Commission issued an order accepting PJM's \nsubmission for filing proposed revisions to the PJM Operating Agreement, Schedule 12, and the RAA, \nSchedule 17, to reflect new members, removals or withdrawals, current signatories to the RAA, and \ncorporate name changes through July 1, 2026. The agreement is effective as of July 1, 2026."},{"page":2,"startToken":512,"endToken":1058,"text":"2 \n \nOn September 29, 2026, in Docket No. ER26-3344-000, the Commission issued an order accepting PJM's \nsubmission on behalf of UGIU, proposals to update and align the depreciation rates in its transmission \nformula rate with those most recently submitted by UGIU to the PA PUC based on the most recent \ndepreciation study performed by an independent third-party expert. The updated depreciation rates are \neffective October 1, 2026. \n \nOn September 29, 2026, in Docket No. ER26-3380-000, the Commission accepted PJM’s proposed \nReliability Backstop Procurement (RBP) Tariff revisions, subject to refund and further proceedings and \neffective February 28, 2027. Further, the Commission opened a new section 206 proceeding in Docket No. \nEL26-108-000 to establish paper hearing on certain topics related to cost allocation, transmission exit \nresponsibilities, and collateral requirements for load serving entities. \n \nOn September 24, 2026, in Docket No. EL26-101-000, the Commission issued an Order denying the \ncomplaint filed by Oklo Inc. (Oklo) against PJM challenging the lawfulness of PJM’s withdrawal of its Cycle \n1 project. In denying Oklo’s complaint, FERC found that the Tariff entitles applicants one opportunity to \ncure, found that Oklo did not cure the deficiencies identified by PJM, and upheld PJM’s decision to reject \nand withdraw the Oklo project due to the unresolved deficiencies that remained as consistent with the \nTariff. \n \nOn September 21, 2026, in Docket No. EL26-67-001, FERC issued an Order dismissing the requests for \nrehearing and clarification concerning its June 18, 2026 Show Cause Order. FERC concluded that the \nShow Cause Order is not a final agency action, because it made only preliminary findings and initiated \nfurther proceedings, so it was not eligible for rehearing under the Commission’s rules. FERC also declined \nto provide clarification while this proceeding remains in abeyance through November 16, 2026, to allow \nPJM’s stakeholder process and potential section 205 filings to proceed. Therefore, FERC formally \ndismissed all requests for rehearing and clarification requests as premature. \n \nOn September 17, 2026, the Department of Energy issued Order No. 202-26-45 pursuant to Federal \nPower Act section 202(c), finding that an imminent electric reliability emergency exists, directing PJM to \ndispatch Specified Resources as needed to maintain reliability, and authorizing PJM to direct backup \ngeneration resources at large loads to operate as a last resort before declaring an Energy Emergency Alert \n(“EEA”) 3 or during an EEA 3. The order is effective September 17, 2026, upon issuance and expires at \n11:59 p.m. Eastern Prevailing Time on September 18, 2026. \n \nFILINGS \n \nOn October 16, 2026, PJM submitted a compliance report in accordance with Ordering Paragraph C of the \nSecretary of Energy of the Department of Energy’s Order No. 202-26-25A, issued August 19, 2026. The \ncompliance report relates to the operations of Wagner Unit 4 on October 15, 2026. \n \nOn October 16, 2026, in Docket No. ER27-197-000, PJM submitted for filing proposed revisions to the \nPJM Operating Agreement, Schedule 12, and the RAA, Schedule 17, to reflect new members, removals or \nwithdrawals, current signatories to the RAA, and corporate name changes through October 1, 2026. PJM \nrequested the revisions be effective as of October 1, 2026. \n \nOn October 15, 2026, PJM submitted a report pursuant to Ordering Paragraph E of Department of Energy, \nOrder No. 202-26-50 (October 12, 2026), which requires PJM to “provide a daily notification to DOE . . ."},{"page":3,"startToken":1058,"endToken":1619,"text":"3 \n \nreporting each generating unit that has been designated to use the allowance and operated in reliance on \nthe allowances contained in this Order.” This report covers the October 14 operating day. \n \nOn October 15, 2026, PJM submitted a compliance report in accordance with Ordering Paragraph C of the \nSecretary of Energy of the Department of Energy’s Order No. 202-26-25A, issued August 19, 2026. The \ncompliance report relates to the operations of Wagner Unit 4 on October 14, 2026. \n \nOn October 14, 2026, in Docket No. AD26-8-000, PJM submitted comments on the Annual Commissioner-\nled Reliability Technical Conference scheduled for October 21, 2026, to discuss policy issues related to the \nreliability and security of the Bulk-Power System. \n \nOn October 14, 2026, pursuant to Ordering Paragraph G in Department of Energy, Order No. 202-26-50 \n(October 12, 2026), PJM submitted Exhibit A – Specified Resources (October 14, 2026; version 4) relating \nto PJM’s October 11, 2026 Request for Emergency Order Under Federal Power Act, Section 202(c). Exhibit \nA reflects generation units PJM deems necessary to maintain the reliability of the power grid. Entries in \nbold reflect additions new to this version of the Exhibit. Other generation units may be deemed Specified \nResources but not yet included in this version of the Exhibit. \n \nOn October 14, 2026, PJM submitted a report pursuant to Ordering Paragraph E of Department of Energy, \nOrder No. 202-26-50 (October 12, 2026), which requires PJM to “provide a daily notification to DOE . . . \nreporting each generating unit that has been designated to use the allowance and operated in reliance on \nthe allowances contained in this Order.” This is version 1 of the report and it covers the October 13 \noperating day. \n \nOn October 14, 2026, PJM submitted a compliance report in accordance with Ordering Paragraph C of the \nSecretary of Energy of the Department of Energy’s Order No. 202-26-25A, issued August 19, 2026. The \ncompliance report relates to the operations of Wagner Unit 4 on October 13, 2026. \n \nOn October 13, 2026, pursuant to Ordering Paragraph G in Department of Energy, Order No. 202-26-50 \n(October 12, 2026), PJM submitted Exhibit A – Specified Resources (October 13, 2026; version 3) relating \nto PJM’s October 11, 2026 Request for Emergency Order Under Federal Power Act, Section 202(c). Exhibit \nA reflects generation units PJM deems necessary to maintain the reliability of the power grid. Entries in \nbold reflect additions new to this version of the Exhibit. Other generation units may be deemed Specified \nResources but not yet included in this version of the Exhibit. \n \nOn October 13, 2026, in Docket No. ER27-126-000, PJM submitted a Study Agreement between PJM, \nAEP Ohio, and Affiliates of Soft Bank Energy to identify and fund studies to support the identification of \ntransmission facilities to effectuate the State of Ohio's request to use the State Agreement Approach \nprocess. PJM requested that the Study Agreement become effective as of September 25, 2026. \n \nOn October 12 2026, in Docket Nos. EL26-108-000, et al., PJM submitted to the Commission a motion \nrequesting to hold the paper hearing proceedings, and any additional briefings, in abeyance pending \nresolution of PJM’s forthcoming Section 205 filing addressing the issues raised in the Commission’s \nSeptember 29 Order. \n \nOn October 12, 2026, PJM submitted Exhibit A – Specified Resources (October 12, 2026; version 1) \nrelating to PJM’s October 11, 2026 Request for Emergency Order Under Federal Power Act, Section"},{"page":4,"startToken":1619,"endToken":2157,"text":"4 \n \n202(c). Exhibit A reflects generation units PJM deems necessary to maintain the reliability of the power \ngrid. Other generation units may be deemed Specified Resources but not yet included in this version of the \nExhibit. \n \nOn October 11, 2026, PJM submitted to the Department of Energy a request for an order pursuant to \nFederal Power Act, section 202(c) finding that an imminent electric reliability emergency exists, directing \nPJM to dispatch Specified Resources as needed to maintain reliability, and authorizing PJM to direct \nbackup generation resources at large loads to operate as a last resort before declaring an Energy \nEmergency Alert (“EEA”) 3 or during an EEA 3. PJM requests issuance of an order as soon as possible, to \nbe effective through 11:59 p.m. Eastern Prevailing Time on October 16, 2026. \n \nOn October 9, 2026, in Department of Energy Docket No. DOE-HQ-2026-1123, PJM with ISO New \nEngland Inc., California Independent System Operator Corp., Midcontinent Independent System Operator \nInc, Electric Reliability Council of Texas, Inc., and Southwest Power Pool, Inc. submitted an appendix to \ntheir joint comments in response to the United States Department of Energy Request for Information \n(“RFI”), published in the Federal Register on September 9, 2026. The RFI sought information to inform \nimplementation of Executive Order 14421, issued August 26, 2026, and titled Declaring a National \nEmergency to Secure the United States Bulk Power System. \n \nOn October 9, 2026, in Department of Energy Docket No. DOE-HQ-2026-1123, PJM with ISO New \nEngland Inc., California Independent System Operator Corp., Midcontinent Independent System Operator \nInc, Electric Reliability Council of Texas, Inc., and Southwest Power Pool, Inc. submitted joint comments in \nresponse to the United States Department of Energy Request for Information (“RFI”), published in the \nFederal Register on September 9, 2026. The RFI sought information to inform implementation of Executive \nOrder 14421, issued August 26, 2026, and titled Declaring a National Emergency to Secure the United \nStates Bulk Power System. \n \nOn October 9, 2026, in Docket No. ER26-3734-001, PJM submitted an amendment to its clerical and \nministerial markets-related revisions originating from the Governing Document Enhancement & Clarification \nSubcommittee to correct, clarify, and/or make consistent certain markets-related provisions of the PJM \nTariff, Operating Agreement and Reliability Assurance Agreement. PJM requested that the revisions \nbecome effective as of November 8, 2026. \nAssociated Materials (1) \n \nOn October 6, 2026, in Docket No. EL27-3-000, Monongahela Power Company filed with the Commission \na complaint pursuant to Section 206 of the Federal Power Act against PJM. The complaint alleges that PJM \nviolated its Tariff and governing documents through its implementation of advance-scheduling and \ncommitment of resources strategy during Winter Storm Fern. \n \nOn October 5, 2026, in Docket No. EL26-106-000, PJM filed a motion for leave to answer and answer to \nthe September 28, 2026 motion for leave to answer and answer of RWE Americas, LLC (RWE). PJM \nargued that PJM’s answer to RWE’s complaint demonstrated that PJM followed its Tariff in withdrawing \nRWE’s Applications from Cycle 01, and RWE’s answer offers nothing to alter this conclusion. \n \nOn October 2, 2026, in Docket No. ER27-34-000, PJM submitted a ministerial clean-up filing to ensure that \nthe PJM Tariff incorporates all of the language in Tariff, Attachment Q that has been accepted by the"},{"page":5,"startToken":2157,"endToken":2702,"text":"5 \n \nCommission in Docket Nos. ER26-743-000 and ER26-980-000 effective as of February 11, 2026 and \nMarch 10, 2026. \n \nOn October 1, 2026, in Docket No. ER26-3525-000, PJM submitted to FERC a Motion for Leave to \nAnswer and Answer to the protest and comments of the Towering Concerns, LLC in response to PJM’s \nAugust 14, 2026 filing in which PJM submitted revisions to its Tariff to incorporate cost responsibility \nassignments for baseline upgrades in the recent update to the Regional Transmission Expansion Plan \napproved by the PJM Board on July 15, 2026. \n \nOn October 1, 2026, in the U.S. Bankruptcy Court for the Western District of North Carolina Case No. 26-\n03055, PJM submitted its motion to dismiss the amended adversary complaint filed by Affirmed Energy \n(AE) against PJM and PJM Settlement seeking to recover approximately $135.6 million that Affirmed \ncontends PJM is improperly retaining following AE’s Chapter 11 filing. \n \nOn October 1, 2026, in Docket No. ER27-3-000, PJM submitted on behalf of Commonwealth Edison \nCompany modifications to PJM Tariff, Attachment H-13A to revise its formula rate to provide for charges to \nMISO for MISO Requested Facilities and credits so that the costs are not charged to PJM customers. The \nfiling also includes requests for CWIP and Abandoned Plant Incentives with corresponding tariff changes. \nCommonwealth Edison Company is requesting that the tariff changes be effective as of December 1, 2026. \n \nOn September 30, 2026, in Docket No. AD26-7-000, PJM submitted to FERC an informational filing \nregarding PJM Governance and Stakeholder Reforms. \n \nOn September 30, 2026, in Docket No. ER26-3898-000, PJM submitted, as part of a periodic review, \nupdates to the default Gross Cost of New Entry and Avoidable Cost Rate values used for purposes of the \nMarket Seller Offer Cap and Minimum Offer Price Rule. PJM requested for the Tariff revisions to be \neffective as of November 30, 2026. \n \nOn September 29, 2026, in Docket No. EL26-98-000, PJM submitted its Motion to Dismiss and Answer to \nthe Complaint of the Pennsylvania Public Utility Commission (PA PUC) against PJM alleging that PJM's \nOperating Agreement, Schedule 6, Section 1.5.7 is unjust, unreasonable, and unduly discriminatory or \npreferential in the selection of Market Efficiency projects and requesting the Commission to direct PJM to \nmake the PA PUC's proposed revisions. \n \nOn September 29, 2026, in Docket No. EL26-107-000, PJM filed an answer to Lanyard Power Holdings, \nLLC’s (Lanyard) September 9, 2026 complaint. PJM argued that the complaint should be dismissed, as \nLanyard’s initial dynamic model submission was flawed and it was not able to correct its submission \nsufficiently in its one opportunity to cure. PJM further argued that Lanyard’s request for reinstatement to \nCycle 01 is not just and reasonable given the significant impact such reinsertion would have on other Cycle \n01 projects and the goal of expedited interconnection processing. \n \nOn September 29, 2026, in Docket No. ER26-3638-000, PJM submitted a supplement to its August 27, \n2026 Governing Document Enhancements and Clarifications of the Open Access Transmission Tariff, Part \nVII, Part VIII, and Part IX, regarding the Generation Interconnection Process filing. PJM submitted the filing \nat the request of the Commission to clarify its proposed WMPA, Specifications 1.0(c) revisions. PJM \nrequested an effective date of October 27, 2026, as originally requested. \nAssociated Materials (1)"},{"page":6,"startToken":2702,"endToken":3294,"text":"6 \n \n \nOn September 25, 2026, in US District Court for the Southern District of Indiana Case No. 1:24-cv-01722, \nthe Parties (Plaintiff LSP Entities and Defendants PJM, the Indiana Utility Regulatory Commission (IURC), \nMISO, Duke Energy Indiana, LLC, Northern Indiana Public Service Co., LLC, Indianapolis Power & Light \nCo. D/B/A AES Indiana; Southern Indiana Gas and Electric Co. D/B/A Centerpoint Energy Indiana South, \nand Commonwealth Edison Co. of Indiana, Inc) submitted a joint motion for a briefing schedule to propose \ndeadlines to adjudicate the Plaintiff LSP Entities’ Complaint seeking to block Indiana's \"Right of First \nRefusal\" (ROFR) Law (House Enrolled Act 1420), arguing it violates the Commerce Clause by favoring in-\nstate incumbent utilities over competitive interstate transmission developers like LS Power from bidding on \nregional projects managed by MISO and PJM. \n \nOn September 25, 2026, in Docket No. RM21-17-000, PJM, the PJM Transmission Owners (PJM TOs), \nand PJM Area Relevant State Entities Committee (PARSEC) submitted their unopposed joint motion to \ngovern future proceedings, proposing a schedule pursuant to which (i) the PJM TOs will submit proposed \nLong-Term Regional Transmission Cost Allocation Methodology(ies) in compliance with Order No. 1920 by \nNovember 19, 2206 and (ii) PJM will submit proposed revisions to its Long-Term Regional Transmission \nPlanning Protocol to effectuate such methodology(ies) by December 22, 2026. \n \nOn September 24, 2026, in Docket No. EL26-106-000, PJM filed an answer to the complaint of RWE \nAmericas, Inc. (RWE). PJM argued that the complaint should be dismissed as a matter of law with respect \nto four of the five projects at issue, as RWE failed to demonstrate that treatment of those projects was \nunjust or unreasonable. PJM further argued that the record demonstrates that PJM followed its Tariff in \nwithdrawing each of RWE’s New Service Requests referenced in the complaint from Cycle 01. \n \nOn September 24, 2026, in Docket No. EL26-105-000, PJM Interconnection, L.L.C. filed an Answer to the \nComplaint filed by Agilitas Energy, Inc. on behalf of Tygart, LLC, and a request for privileged treatment of \nmaterial. PJM argued that the complaint should be denied because Agilitas did not demonstrate that \nwithdrawal of the Tygart Project from Cycle 01 violated the Tariff. \n \nOn September 22, 2026, in Docket No. EL26-107-000, PJM Interconnection L.L.C. filed an answer \nopposing motions filed by Lanyard Power Holdings, LLC (Lanyard Power) in which Lanyard Power sought \nFERC approval to (1) supplement its complaint in this docket with additional information and (2) shorten the \ncomment date for responses to this supplement and the complaint. PJM requests that FERC deny both \nmotions and maintain the comment date which has been noticed by FERC’s Office of the Secretary. \n \nOn September 18, 2026, PJM submitted a report pursuant to Ordering Paragraph E of Department of \nEnergy, Order No. 202-26-45 (September 17, 2026), which requires PJM to “provide a daily notification to \nDOE . . . reporting each generating unit that has been designated to use the allowance and operated in \nreliance on the allowances contained in this Order.” This is version 1 of the report, and it covers the \nSeptember 17 operating day. \n \nOn September 18, 2026, in Docket No. ER26-3798-000, PJM submitted a ministerial clean-up filing to \nensure that the eTariff records correctly reflect the language in the PJM RAA, Article 1, Definitions that was \naccepted by the Commission in various dockets with various effective dates. \n \nOn September 17, 2026, pursuant to Ordering Paragraph G in Department of Energy, Order No. 202-26-\n45 (September 17, 2026), PJM submitted Exhibit A – Specified Resources (Version 2). Exhibit A reflects"},{"page":7,"startToken":3294,"endToken":3706,"text":"7 \n \ngeneration units PJM deems necessary to maintain the reliability of the power grid. Entries in bold reflect \nadditions new to this version of the Exhibit. Other generation units may be deemed Specified Resources \nbut not yet included in this version of the Exhibit. \n \nOn September 17, 2026, based on present system conditions PJM submitted to the Department of Energy \nSupplemental Information supporting its request for Emergency Order pursuant to Federal Power Act, \nsection 202(c). \n \nOn September 16, 2026, PJM submitted Exhibit A – Specified Resources (September 16, 2026; version 1) \nrelating to PJM’s September 16, 2026 Request for Emergency Order Under Federal Power Act, Section \n202(c). Exhibit A reflects generation units PJM deems necessary to maintain the reliability of the power \ngrid. Other generation units may be deemed Specified Resources but not yet included in this version of the \nExhibit. \n \nOn September 16, 2026, PJM submitted to the Department of Energy a request for an order pursuant to \nFederal Power Act, section 202(c) finding that an imminent electric reliability emergency exists, directing \nPJM to dispatch Specified Resources as needed to maintain reliability, and authorizing PJM to direct \nbackup generation resources at large loads to operate as a last resort before declaring an Energy \nEmergency Alert (“EEA”) 3 or during an EEA 3. PJM requests issuance of an order as soon as possible, to \nbe effective through 11:59 p.m. Eastern Prevailing Time on September 18, 2026. \n \nOn September 16, 2026, in Docket No. ER26-3776-000, PJM submitted a ministerial amendment to \nAttachment A of the Consolidated Transmission Owners Agreement (CTOA) to update the listing of \nNextEra Energy Transmission MidAtlantic Indiana, Inc. to reflect its current name of NextEra Energy \nTransmission MidAtlantic, Inc. PJM requested that the amendment become effective as of November 16, \n2026. \n \nOn September 15, 2026, in the U.S. Bankruptcy Court for the Western District of North Carolina Case No. \n26-30968, PJM Interconnection, L.L.C. and PJM Settlement, Inc. filed their response in opposition to \nDebtors Affirmed Energy’s Motion for Sanctions against PJM Interconnection, L.L.C. and PJM Settlement, \nInc. for willful violation of the automatic stay. \n \nOn September 14, 2026, in Docket No. EL26-4-000, PJM submitted its initial brief pursuant to the \nCommission Order establishing paper hearing procedures and granting in part Voltus and Mission:data’s \nComplaint against PJM over Emergency Load Response and Pre-Emergency Load Response Program \nmetering rules regarding the use of statistical sampling for interval metered residential demand response \ncustomers."}],"sections":[{"p":1,"at":0,"title":"Pages 1 to 4","method":"page range","endPage":5,"endAt":0,"startToken":0,"endToken":2157},{"p":5,"at":0,"title":"Pages 5 to 7","method":"page range","endPage":7,"endAt":2694,"startToken":2157,"endToken":3706}]}