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April 27, 2025

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FERC Approves SPP’s Funding Plans for Markets+

DENVER — FERC, in two separate orders, approved SPP’s $150 million funding agreement for Markets+ and the funding mechanisms under which the RTO will finance the implementation phase of the market’s development.

News of the decision met with an enthusiastic response at a meeting of the Markets+ Participants Executive Committee (MPEC) in Denver.

“I have some lovely breaking news. FERC has approved the funding agreement, the funding mechanism today,” Carrie Simpson, SPP vice president of markets, said at the meeting, prompting applause among committed members.

“These achievements represent meaningful steps in the progress towards launching Markets+ and bringing the West closer to realizing the substantial value of a robust regional market,” SPP COO Antoine Lucas said in an April 22 press release. “SPP is proud to see the hard work of the Markets+ stakeholders pay off in this series of approvals that clear the path toward market launch in 2027.”

Specifically, FERC approved the SPP Phase 2 funding agreement, which lays out how SPP will finance Markets+’s $150 million in implementation costs (ER25-1372).

Eight Western entities have signed the agreement as of April 16: Arizona Public Service, Bonneville Power Administration, Chelan County Public Utility District (PUD), City of Tacoma, Grant County PUD, Powerex, Salt River Project and Tucson Electric Power.

The agreement requires the entities to provide collateral to SPP’s lender to support the financing the RTO will use to develop Markets+ during the implementation phase. The collateral is equal to the amount of the entities’ Phase 2 obligations.

The recovery of the costs to repay the implementation financing “will be incorporated into the rates charged in the Markets+,” according to a frequently asked questions document posted on SPP’s website.

“This eliminates the need for the funding participants that participate in Markets+ to provide lump sums of money to directly fund Phase 2 outside of the specific circumstances outlined in the funding agreement (i.e., withdrawal, termination, default),” according to the FAQ.

A significant detail in the funding agreement order: FERC’s rejection of concerns raised by a group of public interest organizations (PIOs) around the Bonneville Power Administration’s connection to the agreement.

The PIOs protested that the agreement would effectively obligate BPA to participating in Markets+ even ahead of issuing its formal record of decision (ROD) on its day-ahead market participation because the agency would be on the hook for providing up to $40 million in implementation costs to SPP even before releasing the ROD. They contended that SPP’s filing had either mischaracterized BPA’s commitment to Markets+ or that the agency had been engaging in a “sham” process regarding its day-ahead market decision.

“We disagree with PIOs that the funding agreement requires Bonneville (or any other funding participants) to participate in Markets+,” FERC wrote. “As PIOs acknowledge, the funding agreement requires a funding participant to pay its Phase 2 obligations in the event it decides to withdraw from the funding agreement; however, the funding agreement does not obligate any funding participant to proceed with Markets+ participation.”

The commission also dismissed the PIOs’ concerns around how a funding participant such as BPA would cover its costs if it decided to withdraw from the market, saying the issue was out of scope for the order.

“In addition, because the funding agreement does not govern whether or how a withdrawing funding participant will recover its Phase 2 obligations after a withdrawal, we find PIOs’ arguments about Bonneville’s plan to recover such potential costs are outside the scope of this filing.

“We also find that PIOs’ arguments concerning Bonneville’s decision-making process related to Markets+ participation, including any associated communications with stakeholders, are outside the scope of the filing,” the commission wrote.

Funding Mechanism

The second order concerned SPP’s funding mechanism, which details how the RTO “will finance the implementation phase of the market’s development,” according to SPP’s news release (ES25-33).

The mechanism will entail SPP taking out a $150 million loan collateralized by the full funding obligation of each Markets+ participant, except BPA.

The commission approved the mechanism despite its failure to meet FERC’s interest ratio coverage screen, a measure of how readily an entity can cover its debt.

“SPP has cited other factors that provide the commission with a sufficient alternative basis upon which to conclude that SPP has reasonable prospects for being able to service the proposed new debt securities for which authorization is sought in the application, and to continue to be able to provide service as a public utility,” the commission wrote.

Tom Kleckner contributed to this article.

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FERC Approves PJM-Pa. Agreement on Capacity Price Cap, Floor

FERC has approved a PJM proposal to limit capacity prices to between $175 and $325/MW-day for the next two Base Residual Auctions (BRAs), resolving a complaint from Pennsylvania Gov. Josh Shapiro alleging there was potential for prices to soar above what is necessary to maintain resource adequacy (ER25-1357).

The commission found that PJM’s capacity market is facing conditions outside the bounds considered in the 2022 Quadrennial Review, noting the RTO’s filings highlighted a confluence of a tightened auction schedule, load growth, generation deactivations, a backlogged interconnection queue and external constraints to resource entry such as permitting and supply chain challenges.

FERC said in the April 21 order that PJM and the Shapiro administration proposed a temporary measure to add a “collar” to the clearing prices for the 2026/27 and 2027/28 capacity auctions while the RTO drafts long-term market changes in the current Quadrennial Review and implements a cluster-based approach to studying projects in its interconnection queue. (See PJM, Shapiro Reach Agreement on Capacity Price Cap and Floor.)

While the price band initially would be set at $175 to $325/MW-day, those values would be readjusted annually based on the accreditation of the reference resource — a dual-fuel combustion turbine generator — and therefore could change.

“We agree with PJM that the price cap and price floor will operate together to narrow the range of potential capacity price outcomes, which will reduce the price volatility under the existing” variable resource requirement curve, FERC said. “In accepting PJM’s proposal, we recognize that several commenters representing both suppliers and consumers support the proposal as a balanced, time-limited approach, and that several additional commenters do not oppose PJM’s proposal.”

The proposal was supported by the New Jersey Board of Public Utilities and Pennsylvania Public Utility Commission, as well as generation owners and utilities including Talen Energy, Constellation Energy, Calpine and Dominion Energy, who commented that it represents a temporary measure to keep costs reasonable while new market rules are developed through the Quadrennial Review.

In his complaint, filed Dec. 30, 2024, Shapiro argued that between a backlogged interconnection queue and an auction schedule that has been delayed repeatedly to the point the 2026/27 BRA is set to be conducted within a year of the start of the corresponding delivery year, developers would have no opportunity to respond to high prices by bringing new resources to market.

In line with PJM’s proposal and statements to stakeholders when it was presented to the Members Committee in February, the commission’s acceptance of the filing included the dismissal of Shapiro’s complaint as moot. (See PJM Presents Capacity Price Cap and Floor to Members Committee.)

A maximum price point has been a part of the Reliability Pricing Model (RPM) since its inception, but the proposal represents the first instance of a price floor being included in auction rules. The Independent Market Monitor and North Carolina Utilities Commission protested against the minimum price, arguing it could require consumers to procure unneeded capacity.

The Monitor also argued that curtailment service providers may seek to take advantage of the price floor by offering a large amount of demand response resources, which the commission found out-of-scope as PJM proposed no changes to DR rules.

PJM said the floor would counterbalance the diminished maximum price by providing revenue certainty to market sellers, which would support near-term investments in capacity. It also wrote it would be unlikely the marginal resource would clear at $175/MW-day or less given the tight market conditions and that the 2025/26 BRA cleared at nearly $270/MW-day.

Shapiro also supported the price floor, arguing it would address the market uncertainty sellers are likely to face over the next two auctions.

The commission wrote that PJM demonstrated the capacity shortage seen in the 2025/26 auction — when just 20.7 MW of offered capacity did not clear — is likely to continue for at least the next two years. It noted that PJM anticipates 4 GW of load growth in the 2026/27 delivery year and 6 GW the following year.

“Given the facts and circumstances presented in this record, we find that the benefits of PJM’s proposed temporary price floor outweigh the potential risk of over-procurement, and therefore find PJM’s proposal for a temporary collar is just and reasonable,” FERC said.

The commission rejected a protest from coal trade association America’s Power that the proposed maximum price would prompt planned resources to drop out of the queue and cause existing generation to deactivate or seek to offer capacity to other regions. It cited analysis of resources that have deactivated in the past after operating on reliability-must-run (RMR) agreements with cost-of-service compensation, finding that a $500/MW-day clearing price would make half of those resources economic, while a $325 clearing price would make them all uneconomic.

The commission wrote that cost-of-service is not comparable to the revenues a resource receives from PJM’s capacity, energy and ancillary service markets.

FERC’s order follows several others approving PJM proposals to rework elements of its capacity market, including requiring intermittent and storage resources to submit capacity offers, including the output of units operating on RMR agreements in the supply stack and reworking how gas resources are modeled in the winter.

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Clean Path Transmission Plan Draws Support, Criticism

Stakeholders and advocates are sounding off for and against expedited review of the $5 billion-plus Clean Path transmission proposal that would feed power into New York City. 

Efforts to build the 175-mile underground HVDC line suffered a setback in late 2024 due to cancellation of a larger project in which it was packaged with 23 new wind and solar facilities in rural New York. (See $11B Transmission + Generation Plan Canceled in NY.) 

The New York Power Authority (NYPA) is pressing ahead on its own with the transmission component. (See NYPA Files Petition with New York PSC to Save Clean Path Project.) 

NYPA is asking the state Public Service Commission (PSC) to designate Clean Path a priority transmission project (PTP) (Case 20-E-0197) in hopes of accelerating its development and speeding up the benefits it would provide to the environment and to grid reliability. (See NYPA Argues Clean Path Potential Benefits Outweigh Cost.) 

NYPA estimates the cost of Clean Path at $5.2 billion. It proposes allocating 60% of the cost to NYISO Zone J (New York City), which could reduce its reliance on fossil fuel generation and enjoy cleaner air thanks to Clean Path, and 40% to rest of the state on a load-share basis. 

The PSC solicited comments on NYPA’s request in February, and the window closed April 21; a spokesperson said April 22 the comments will be reviewed but there is no timetable yet for further action. 

In the comments, advocates for environmental quality and for organized labor generally argued in favor of priority status for the proposal while many in the energy sector raised objections. 

These objections often focused on the need or lack of need for Clean Path, and the fact that the proposal differs substantially from the one first submitted. 

The original project, called CPNY or Clean Path New York, was a public-private generation-transmission proposal by NYPA and Forward Energy that won a state contract for Tier 4 renewable energy certificates. The contract was terminated in November, the partnership was dissolved, and Clean Path now is transmission-only. 

Among the comments: 

National Grid Ventures said without the 3.8-GW suite of renewable generation projects originally envisioned for CPNY, Clean Path should not be granted priority status. It further said the project itself should not proceed without independent verification of its need. It concluded: “If the commission determines the project is required and that it should be granted PTP status, then NYPA should be ordered to competitively solicit proposals and reserve the right for the commission to approve who NYPA ultimately teams with for the project.” 

PSEG Long Island supports designation as a priority transmission project on the belief that, because NYPA’s cost of debt is lower and it is tax-exempt, development costs and costs to customers would be lower than if a private developer did the work. 

Independent Power Producers of New York noted that CPNY won its state contract through a competitive solicitation and argued the PSC should consider new competitive solicitations to avoid burdening ratepayers with unnecessary costs. It added that renewable energy development is behind schedule in New York. “Thus, any ‘urgency’ to complete the Clean Path project is an overreach at best and should not outweigh the commission’s long-established precedent that competitive solicitations ensure the lowest cost for consumers.” 

Alliance for Clean Energy New York supports priority designation as a way of addressing future reliability and transmission security deficiencies; reducing the need for more expensive local generation to meet the locational minimum installed capacity requirement in Zone J; and facilitating development of renewable resources upstate, where the HVDC line would originate. 

New York Transco — which is collaborating with NYPA on another major downstate transmission project, Propel NY Energy — said NYPA has not demonstrated that Clean Path meets the criteria for priority designation. It also questioned whether Clean Path could unbottle existing renewable capacity in the region and said NYPA has failed to support the cost recovery mechanism it proposed. 

Consolidated Edison Co. and four other utilities said the PSC should deny NYPA’s request because NYPA had not shown a need for urgency and its petition lacks sufficient analytical support. 

The president of a residents’ association at a public housing project near Clean Path’s planned southern terminus said her neighborhood long has been plagued by poor air quality from nearby fossil-burning plants and the new line would provide relief. “I respectfully ask the commission to approve this project and move it forward. Our community can’t wait any longer.” 

U.S. Sen. Charles Schumer and U.S. Rep. Dan Goldman, both New York Democrats, recited a list of benefits Clean Path is expected to offer and said priority status should be granted. 

Con Edison Transmission recited a list of deficiencies it said exist in the Clean Path petition and said priority status should not be granted. 

New York State AFL-CIO President Mario Cilento said: “We support designating this project as a priority transmission project because it will create good union jobs and help achieve the state’s emissions reduction goals.” 

Multiple Intervenors, a collection of 55 large energy consumers statewide, faulted the 60-40 cost allocation split on several levels and urged a 75-25 split instead, placing most of the cost where most of the benefit would be realized: Zone J. And they said the 25% share should be spread across the entire state — not the rest of the state excluding New York City. 

New York City urged priority designation for Clean Path for all the benefits it would provide but urged transparency on the cost of the project. It said it does not object “for now” to footing 60% of the cost, but said the split should be revisited if power begins to flow from downstate to upstate. (New York’s vision is that offshore wind farms someday may accomplish this feat.) 

The city also wants clear indication that the 40% is to be spread across the rest of the state — not across the entire state including New York City. 

The Census Bureau estimates New York City is home to 42% of the state’s residents. 

NYISO estimates the generation mix on the New York City grid is almost 90% fossil-powered, while parts of the upstate grid are almost 90% emissions-free. 

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Calif. Senate Committee Backs Pathways Initiative Bill

A California state Senate committee voted unanimously in favor of the Pathways bill, bringing the Golden State closer to allowing CAISO to cede oversight of its energy markets to an independent regional organization (RO). 

Members of the state Senate Energy, Utilities and Communications Committee on April 21 voted 17-0 in favor of Senate Bill 540, dubbed “Pathways,” sending the proposed legislation to the Senate Judiciary Committee for a hearing April 29. 

The bill is the product of the work of the West-Wide Governance Pathways Initiative, the nearly two-year effort to support the expansion of CAISO’s Western Energy Imbalance Market (WEIM) and soon-to-be-implemented Extended Day-Ahead Market (EDAM) to entities outside California by shifting governance of the markets from the ISO to a proposed independent RO. 

Democratic Sens. Henry Stern and Josh Becker introduced the bill in February. During the April 21 hearing, Becker noted the legislation comes as SPP prepares to launch its own day-ahead market, Markets+, which already has attracted participants. (See Pathways ‘Step 2’ Bill Introduced in Calif. Legislature.) 

“Why do we need to do this now? The urgency is that if we don’t act quickly, we risk having less ability to trade with other regions and impact the clean energy resources available across the West,” Becker said. “Regions are getting tired of waiting for us and are considering joining Southwest Power Pool’s Markets+. If they do, they will stop trading with California and also in this WEIM I mentioned earlier, and have less need to make other bilateral trades with California.” 

Becker said participation in the RO is voluntary, adding that California retains its right to set its own energy policy goals and doesn’t have to join unless “specific, stringent guardrails are met.” 

Reached for comment about Becker’s statement, SPP spokesperson Derek Wingfield told RTO Insider: “Markets+ creates additional opportunities for Western entities and will not inhibit trade among them, including entities in California.” 

Stern, meanwhile, contended Pathways would allow California to tap into a wider market of clean energy resources, saying “if we don’t reach beyond our borders and allow for other cleaner renewables to be able to come in and balance our grid depending on the time of day, we’re gonna have to find that power somewhere. And right now, we are literally paying for it, and we’re not just paying for it with taxpayer dollars, but it’s in our lungs, it’s in environmental injustices everywhere.” 

Representatives from the International Brotherhood of Electrical Workers, Natural Resources Defense Council, Environmental Defense Fund and others supported the bill during the hearing. 

Opposition, Concerns

However, lawmakers also heard from opponents, including the Center for Biological Diversity, the California Solar & Storage Association and Californians for Green Nuclear Power. 

Bill Julian, former legislative director of the California Public Utilities Commission, opposed the bill on behalf of himself and former CPUC President, Loretta Lynch. 

Lynch, in a previous meeting, contended many of the arguments favoring Pathways rely on hypothetical scenarios in which EDAM would consist of participants from all Western states. This is unlikely, Lynch said, noting that several entities already have decided not to join EDAM. (See Pathways Initiative Receives Praise, Skepticism at Calif. Hearing.) 

Though the committee voted unanimously to pass the legislation, some lawmakers voiced concern about the lack of certain provisions in the bill. 

For example, Democratic Sens. Benjamin Allen and Aisha Wahab expressed concern about California’s ability to withdraw from the RO under the legislation. 

Allen pointed to comments by groups like The Utility Reform Network (TURN) that have argued the bill’s language is not strong enough to protect from the risk of penalties against the state or utilities if California withdraws. 

Committee member Susan Rubio urged Becker to explore further consumer protections. 

Becker noted that the groups behind the bill are looking at amendments and plan to move forward with some suggestions, even some from opposing parties like Lynch. 

“Certainly, you have my commitment to work with you and make sure that by the end of this process there’s a bill that we’re all comfortable with,” Becker said. “And then, as just a reminder, we’ll have at least two years with the legislature able to weigh in before we join.” 

The Pathways bill states that CAISO can decide whether to join the RO-governed market on or after Jan. 1, 2027. 

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FERC Partly Approves NYISO Order 2023 Compliance Filing

FERC has approved most of NYISO’s proposed plan to comply with Order 2023, denying several of its proposed variations to the commission’s pro forma rules and directing the ISO to submit an additional compliance filing in 60 days (ER24-1915, ER24-342). 

Issued in July 2023, the order directed grid operators to revise their generator interconnection procedures to a “first-ready, first-served” cluster study process. It revised the commission’s pro forma procedures while allowing for independent entity variations to account for regional differences. 

For NYISO, this meant altering several of the order’s time frames to align with its current Class Year study process, which already used a clustered approach, with queue position playing a limited role. For example, the ISO asked for 596 days to complete the overall study process, slightly more than the order’s maximum of 585, and proposed that its customer engagement window be 70 calendar days, instead of the order’s prescribed 60. 

FERC accepted most of these in its April 17 order because it found they “accomplish the purposes” of Order 2023 and would give both NYISO and its interconnection customers flexibility.  

While several parties protested the proposed 596-day time frame, the commission said “NYISO’s cluster study process has a unique study structure and requirements due to its proposed single, two-phase study process, which already incorporates restudies and does not have a separate facilities study. Thus, the timeline of the proposed NYISO cluster study process is appropriately compared to the timeline of pro forma study process including the pro forma LGIP facilities study timing, contrary to the contentions of” the protesters. 

The commission, however, denied the ISO’s proposal to not allow interconnection customers to use third-party consultants to perform study work. While it argued “that study elements need to be sequenced and managed in a particular order, NYISO does not explain why a third-party consultant could not perform its study within that time frame,” the commission ruled. The variation would not “accomplish the purposes of the cluster study to increase efficiency and provide greater certainty to interconnection customers,” it said. 

FERC also denied NYISO’s proposal to apply penalties only at the end of the process, and not at the end of Phase 1. The commission said this did not provide a sufficient incentive for NYISO to complete Phase 1 in a timely manner. 

And FERC denied NYISO’s proposal to use a 300-day affected-system study timeline, saying it would bring the ISO out of step with neighboring regions that adhere more closely to the pro forma 150-day timeline. FERC told it to either revise the timeline to 150 days in its compliance filing or justify its proposal. 

Finally, FERC rejected NYISO’s method for allocating the costs of several studies as outside the scope of Order 2023, but without prejudice, giving the ISO the opportunity to file it as a separate proposal. 

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MISO, PJM Forgo Typical Interregional Studies for Novel Transfer Work

MISO and PJM will not take on customary interregional planning studies this year, deciding they have enough on their plates with a new and in-progress joint transfer study.

The grid operators announced they would devote their attention throughout 2025 to their interregional transfer capability study (ITCS), a new type of study that might yield projects that allow for a greater volume of transfers. (See Smaller Projects Expected from Maiden MISO-PJM Joint Tx Study and OMS, OPSI Pen 2nd Letter to MISO and PJM to Compel Meaningful Interregional Planning.) The two decided against undertaking a more traditional coordinated system plan, which could result in more expensive interregional market efficiency projects, or their established, smaller targeted market efficiency project study.

MISO and PJM arrived at the conclusion after conducting an annual issues review designed to look for transmission opportunities. The process is required under their joint operating agreement.

The RTOs said there’s a possibility their ITCS changes the way the two manage future interregional studies. They said their transfer study could lay the “foundation for assessing future coordinated planning needs.” MISO and PJM are working from a blended, long-term model that combines the RTOs’ assumptions to identify system needs in the transfer study, a first for two major North American RTOs.

“By focusing our efforts on the ITCS, we aim to gain a clearer understanding of emerging transfer limitations and deliverability issues across the seam. The insights gained through this study will help guide future planning activities and determine whether additional interregional analysis or project development is appropriate in subsequent years,” MISO and PJM said in an April 18 emailed statement to their stakeholders.

The two said they would update stakeholders as the transfer study progresses and if “planning needs arise that warrant further coordination.”

MISO and PJM so far have identified more than 30 shared reliability, transfer and economic issues that could form the basis for upgrades under the ITCS.

In an emailed statement to RTO Insider, MISO said the goal remains to develop a draft portfolio by the end of 2025. MISO said it and PJM plan to open a monthlong stakeholder comment period at the end of April to solicit solutions.

MISO and PJM previously said they would focus on equipment upgrades and projects that can use existing rights-of-way in the first transfer study. They said the study, combined with FERC Order 1920, could open the door for longer-term interregional planning and greenfield projects.

MISO and PJM historically have approved one interregional market efficiency project in 2020 and four sets of the smaller targeted market efficiency projects aimed at relieving congestion since 2017. They haven’t completed an interregional transmission planning study since 2022.

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Commissioner Willie Phillips Announces his Resignation from FERC

FERC Commissioner Willie Phillips, who chaired the agency for two years, announced April 22 that he was leaving the agency just over a year before his term was set to expire, after pressure to resign from the White House.

In news first reported by POLITICO, the White House asked Phillips to step down. The move gives President Donald Trump the power to nominate a new commissioner, shifting its partisan balance to three Republican appointees and two Democrats, the standard make-up of a fully staffed FERC that gives the party in the White House a majority.

FERC Chair Mark Christie released a statement, noting the two had known each other for years before becoming federal regulators as they both were on state utility commissions that were active in the Organization of PJM States, Inc. (OPSI) and at NARUC.

“Willie has been a good friend for whom I have tremendous respect and affection,” Christie said. “He is a dedicated and selfless public servant. As I have said many times, he did an outstanding job as chairman of FERC. He and I worked together on many contentious issues to find common ground and get things done to serve the public interest. We will miss him here at FERC.”

Christie wished Phillips continued success on “whatever career path he chooses” after leaving the commission.

Phillips posted his own statement on LinkedIn, saying it was time for to move on after being a regulator for 12 years, which includes his tenure at the Public Service Commission of the District of Columbia.

“As my time at FERC comes to a close, I’m proud of all we’ve accomplished to advance a more reliable and affordable energy future for all Americans,” Phillips said. “Our grid faces growing challenges — from surging demand driven by data centers, to resource adequacy, capacity markets and the urgent need for transmission reform. These complex issues demand bold, innovative solutions, and I look forward to continuing to work on them in the next chapter of my journey.”

The other three FERC commissioners all released statements praising Phillips for his work on the commission, but his departure was criticized by longtime agency watcher and Public Citizen Energy Director Tyson Slocum.

“Commissioner Phillips’ decision to voluntarily leave his seat a year early hands control of FERC to the White House, where Trump’s radical plans to abuse national security and emergency powers will now likely no longer feature meaningful FERC opposition,” Slocum said. “Phillips had an opportunity to ensure an independent check on Trump’s abuses, but he apparently decided he has better things to do than ensure the public interest is protected.”

While the president can name the chair at FERC, current legal precedent holds that commissioners can be fired only for cause.

The chairs of other regulatory agencies that fall under that precedent, including the Securities & Exchange Commission, the Federal Communications Commission and the Federal Trade Commission, all stepped down when Trump took office this January. The chair stepping down if the opposite party won the presidential election used to be the norm at FERC, but it started breaking down before Trump took office in 2017.

A spat between President Obama and the Senate Energy and Natural Resources Committee left FERC with only three Democratic members when Trump took office and without a quorum when he demoted Norman Bay from chair, who resigned in response. Then after President Joe Biden took office, two of Trump’s former chairs — Neil Chatterjee and James Danly — both served out their full terms.

Chatterjee posted on X when the news broke that Phillips’ departure was disappointing, and he noted that the differences between commissioners at FERC usually are not partisan. Phillips pushed through new LNG export facilities when the Biden White House issued a pause on approvals from the Department of Energy, and he was the lone dissenter on a data center co-location deal last year when Republican colleagues voted to deny it. (See FERC Rejects Expansion of Co-located Data Center at Susquehanna Nuclear Plant.)

FTC Chair Lina Khan stepped down in January, but last month Trump fired two other Democratic appointees to the agency who are challenging that in court.

Speaking at the Colorado Legislature in March shortly after Trump fired him, FTC Commissioner Alvaro Bedoya said he was not focused on the status of the law, or respect for Supreme Court precedents.

“I think we need to be focused on the billionaires over President Trump’s shoulder at his inauguration, and what this attempt will do for them,” Bedoya said. “Because I think above all else, we need to be asking ourselves, who will win from this attempt to illegally remove us?”

Those included big tech executives like Tesla and X’s Elon Musk, Meta’s Mark Zuckerberg and Amazon’s Jeff Bezos, all of whom were subject to court orders or litigation from FTC cases, he added.

Trump has not made any moves on the two Democrats left on FERC, and doing so now would leave the agency without a quorum and unable to move on key policy priorities like ensuring data centers can reliably connect to the power grid or expanding LNG exports.

“What could happen is that if the president has the authority to remove members of the FTC, I would think there is nothing that would constrain the president from moving members of FERC if the president so desired,” former Chair Bay said at the WIRES Group Spring Meeting on April 3.

Bay also made the point that when he was on the agency, the split votes were more likely to happen between Democrats than across party lines.

“That was the world I came from, but I think that was really important for FERC authority, for its legitimacy, for the regulatory stability and certainty provided to industry,” Bay said. “And, so, what I hope does not happen at FERC is that you get a revolving door of commissioners based upon changes in presidential administrations.”

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Federal Briefs

EPA Exempts Coal Plants from Biden-era Toxic Chemicals Rule

The EPA has granted 66 coal-fired power plants a two-year exemption from federal requirements to reduce emissions of toxic chemicals such as mercury, arsenic and benzene. A list posted on the EPA’s website lists 47 power providers that are receiving exemptions from the Biden-era rules under the Clean Air Act, including a regulation limiting air pollution from mercury and other toxins. The exemptions also apply to four plants operated by the Tennessee Valley Authority. 

More: The Associated Press 

USDA Cancels $3B Climate-friendly Farming Program

The U.S. Department of Agriculture has canceled a $3 billion program for climate-smart farming projects after a review found it did not align with the priorities of the Trump administration. 

The Partnership for Climate-Smart Commodities allocated $3 billion to 135 projects in every state that encouraged soil health, carbon sequestration, reduced methane emissions and other climate-friendly practices, according to the USDA website. The USDA determined that most of the projects provided too little money to farmers and too much to administrative costs. 

More: Reuters 

Report: $8B in Renewable Energy Investments Canceled in Q1

The first three months of 2025 saw nearly $8 billion in investments canceled and 16 new large-scale factories and other projects abandoned or downsized in the renewable energy industry, according to E2’s latest Clean Economy Works monthly update. 

The $7.9 billion in investments withdrawn since January are more than three times the total investments canceled over the previous 30 months combined, the report said. Still, companies continue to invest, as businesses in March announced more than $1.6 billion in investments for new solar, EV and grid and transmission equipment factories. 

More: Solar Builder Magazine 

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Company Briefs

BGE Names Olivier New CEO

Baltimore Gas & Electric has named Tamla Olivier as its new CEO, effective May 1. Olivier joined Exelon about 15 years ago and has been the senior vice president and COO of Pepco Holdings — another subsidiary of Exelon — since 2021. Current CEO Carim Khouzami will move to a position at parent company Exelon. 

More: The Baltimore Banner 

Microsoft, Fidelis Partner on Carbon Capture Project

Fidelis announced it is partnering with Microsoft on a proposed $800 million facility at the Port of Greater Baton Rouge. 

Microsoft signed a contract with Fidelis’ portfolio company AtmosClear to remove 6.75 million metric tons of CO2 over a 15-year period as part of a larger effort by the tech giant to offset its greenhouse gas emissions, Fidelis said. It’s unclear where the CO2 will be sequestered, though several companies in the region are seeking permits for wells to inject and store it in rock formations deep underground. 

Fidelis said a final investment decision on the project is expected in 2025. Construction would begin in 2026, and commercial operations would start in 2029.  

More: The Advocate 

Schneider Electric Unveils Data Center Consulting Service

Schneider Electric has announced the launch of EcoConsult for Data Centers, a consulting service designed to help data center and IT managers achieve operational efficiency and maximum uptime. 

Schneider Electric said its EcoConsult service is a global network of more than 250 consultants, 430 service centers and 6,500 service representatives that helps ensure consistent, reliable and high-quality service worldwide. 

About 36% of U.S. data centers are more than 10 years old and lack a facility-wide proactive asset management strategy, according to Schneider. Their service aims to provide a roadmap toward ensuring maximum uptime, reduction in total cost of ownership and life extension of the infrastructure. 

More: Schneider Electric 

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State Briefs

CONNECTICUT 

Gillett Confirmed for 2nd PURA Term

Marissa Gillett was confirmed by a 21-0 Senate vote for a second four-year term as the Public Utilities Regulatory Authority’s chair. Gillett, who has led the authority since 2019, was confirmed with none of the chamber’s 11 Republicans participating due to a planned walkout. The Senate also voted to confirm nominee David Arconti. 

More: CT Mirror 

ILLINOIS 

Byron Nuclear Center to Receive $355M Upgrade

Constellation Energy announced it plans to invest $355 million in the Byron Nuclear Power Station to increase the site’s output and extend its life of operation. The upgrade, set to begin in 2026 and finish in 2029, will replace six low-pressure turbines and two high-pressure turbines. The new turbines will generate an additional 80 MW and raise the facility’s output to 2,427 MW. 

More: Shaw Local News Network 

INDIANA 

Gov. Braun Signs ‘Construction-in-progress’ SMR Bill

Gov. Mike Braun signed a bill into law that enables public utilities to petition state regulators to recover costs for developing small module nuclear reactors. The law allows the state’s investor-owned utilities to recover the costs of developing SMRs from ratepayers before receiving a certificate of public convenience and necessity. 

More: Indianapolis Star 

Indiana Michigan Power Eyes Purchase of 870-MW Gas Plant

Indiana Michigan Power (I&M) has asked the Utility Regulatory Commission for permission to buy the Oregon Clean Energy Center. The existing 870-MW natural gas plant is one component of the utility’s Future Ready plan as it tries to meet power demand through 2044. Power demand is expected to more than double from approximately 2,800 MW in 2024 to more than 7,000 MW in 2030. I&M said it anticipates a decision from the URC on the filing in early 2026. 

More: Power Engineering 

MASSACHUSETTS 

DEP Delays Enforcement of Clean Truck Requirements

The Department of Environmental Protection announced a delay in its enforcement of minimum electric truck sales requirements. Under the Advanced Clean Trucks regulation the state adopted following California’s lead in 2021, medium- and heavy-duty vehicle manufacturers are required to produce and sell a gradually increasing percentage of zero-emission vehicles starting in model year 2025. 

The DEP said some manufacturers said the sales requirements “are too difficult to meet” and municipalities have said only a limited supply of clean trucks are available to comply with the standards. The department, which previously indicated it would be flexible about enforcement of some provisions, said it “will exercise enforcement discretion by not taking enforcement action against manufacturers that do not meet their Model Year 2025 or Model Year 2026” sales requirements as long as those manufacturers continue to provide internal combustion vehicles to distributors. 

More: State House News Service 

Massport Hires Climate Chief

The Massachusetts Port Authority has hired Jill Valdes Horwood as its first chief climate and resilience officer. The job includes helping the agency, which owns and operates Logan International Airport, get to its goal of net-zero greenhouse gas emissions by 2031. 

More: CommonWealth Beacon 

OHIO 

Power Siting Board Denies Solar Application

The Power Siting Board unanimously denied Stark Solar a certificate to construct, operate and maintain a 150-MW solar farm in Stark County. The board said there were many benefits to the project, but the benefits do not outweigh negative impacts to residents near the project. It cited opposition from local governments and residents as reasons for its denial. The company, or other intervenors in the case, could appeal the decision. 

More: Canton Repository 

PENNSYLVANIA 

EV, Hybrid Owners to Pay ‘Road-user’ Charge

Electric and plug-in hybrid vehicle owners will have to pay a fee each year to help with road maintenance beginning May 1. The annual fee is $200 for 2025 for full electric vehicles and $50 for plug-in hybrids. In 2026, that amount jumps to $250 for EVs and $63 for hybrids. After that, the fee would be reset based on the prior year’s consumer price index. 

The fee is expected to generate $16 million in 2025, which would be deposited in the state’s Motor License Fund that helps pay for construction, maintenance, repair and safety improvements on highways and bridges. 

More: Penn Live 

TEXAS 

Senate Approves Fines for Deceiving Solar Customers

The state Senate voted 22-8 to approve a measure that would give a state board the authority to fine residential solar companies as much as $100,000 for deceiving customers. 

A San Antonio Express-News analysis of consumer complaints filed with the Office of the Attorney General found that more than 50% said they were making payments on systems that were unfinished or faulty or that never worked. Another 28% said their systems were generating much less power than promised and usually not enough to offset the cost. 

The bill now heads to the House. 

More: Houston Chronicle 

VIRGINIA 

Balico Application for Pittsylvania Data Center Denied

The Pittsylvania County Board of Supervisors denied Balico’s application to rezone 750 acres for a data center and power generation project. Balico tried to withdraw its application; however, that move also was denied by the board. Balico will need to wait a full year before it can submit another proposal. 

More: Danville Register & Bee; Cardinal News 

Mecklenburg County Blocks Future Large-scale Solar Development

The Mecklenburg County Board of Supervisors voted unanimously to remove utility-scale solar as a future allowed land use. County Administrator Alex Gottschalk said the county was an early adopter of utility-scale solar but “the cons have, to date, far outweighed the pros in most people’s minds.” The supervisors will allow three pending projects to continue their permitting process, although they can approve or deny the projects as they see fit. 

More: Cardinal News 

WASHINGTON 

NextEra Energy Plans Grant County Solar Project

NextEra Energy Resources announced plans for the Dry Falls Solar project in Grant County. The facility would generate up to 400 MW while being complemented by 1,600 MW of battery storage. The proposal has been submitted to county commissioners, while the company hopes to begin construction this summer. 

More: Columbia Basin Herald 

WYOMING 

PSC OKs Rocky Mountain Power Rate Hike

The Public Service Commission approved a rate hike for Rocky Mountain Power. The PSC unanimously accepted a settlement between Rocky Mountain Power, the Wyoming Industrial Energy Consumers group and the Office of Consumer Advocate. The deal reduced the utility’s original request for a $123.5 million (14.7%) increase to a $85.5 million (10.2%) increase. The average residential bill will climb by about $14/month. 

More: WyoFile