Litigation Updates & Reports

Updates Since Mar 05, 2026

Last update: Mar 25, 2026 11:43 pm
25
Mar
Membership

FERC accepts: (i) the following Applicants’ membership in NEPOOL:  Fiscal Alliance Foundation (Governance-Only End User); Green Oceans (Governance-Only End User); Invenergy Grid [Related Person to Invenergy Energy Management (“IEM”) et al. (Supplier Sector)]; Marsh Hill Energy [Related Person to IEM et al. (Supplier Sector)]; and Twin Energy (AR Sector, RG Sub-Sector, Large RG Group Seat); (ii) the termination of the Participant status of Actual Energy; KCE CT 2, 9 and 11; Oxford Energy Center; Vineyard Offshore; and West Medway II; and (iii) the name change of American PowerNet Management, LLC (f/k/a American PowerNet Management, LP).  

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23
Mar
Transmission Rate Annual (2025-26) Update/Informational Filing

CMP moves to dismiss (or reject) NESCOE’s Formal Challenge

23
Mar
2nd Amended and Restated Settlement Transmission Support Agreement - NSTAR/Park City Wind

Eversource files 2nd A&R Settlement TSA, which (i) revises certain milestone dates reflecting a delay in PCW’s offshore wind project schedule and NSTAR’s resulting equipment procurement and construction schedule; and (ii) provides PCW with an annual election
through January 31, 2029, for NSTAR to continue to perform activities set forth in the Scope of Work in Attachment E of the 2nd A&R Settlement TSA. 

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23
Mar
D&E Agreement Cancellation CL&P/NY Transco

CL&P files notice of cancellation of NY Transco D&E Agreement (all work done pursuant to the Agreement has been completed, billing, refunds, and invoices finalized, and no further work is being done under the Agreement)

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20
Mar
Whiting Farms Facility Securities Authorization

FERC authorizes ISO-NE, subject to the FERC’s standard restrictions and requirements, to issue up to $60 million in senior obligations in connection with the construction of its new Whiting Farms Facility

19
Mar
Opinion 594: Order on Base ROE Complaints

FERC issues Opinion No. 594, an order on remand, briefs and initial decisions in several long-standing proceedings involving the New England Transmission Owners’ (“NETOs”) base return on equity (“ROE”).  Opinion No. 594 resolves multiple long-running challenges to the NETO ROE following court remands by adopting a revised methodology that relies primarily on the discounted cash flow (“DCF”) model and capital asset pricing model (“CAPM”), rejects the expected earnings (“Expected Earnings”) and risk premium (“Risk  Premium”) models, and uses a composite zone of reasonableness with presumptive ranges tied to utility risk.  Applying this framework, the FERC found both the original NETO ROE of 11.14% in place at the commencement of these proceedings and the ROE set by the FERC during these proceedings at 10.57% to be unjust and unreasonable and set a replacement base ROE of 9.57%.  The FERC ordered refunds to be made within 30 days for the 15-month period associated with the First Complaint (Oct 1, 2011 – Dec 31, 2012).  The FERC also ordered refunds to reflect the fact that the 9.57% ROE is in effect prospectively from October 16, 2014 to the date of this order.

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19
Mar
BP Phantom Load Compaint

RESA files comments supporting BP’s Complaint and Supplement, asserting that ISO-NE should be ordered to make the corrections (and the relief granted extended to all affected Market Participants)

19
Mar
LFTR Implementation Quarterly Status Reports

ISO-NE files its 69th quarterly report

13
Mar
Order 676-K Compliance Revisions

ISO-NE submits eTariff records to include in OATT Schedule 24 (Incorporation by Reference of NAESB Standards) citations to the FERC’s March 3, 2026 Order accepting the Order 676-K compliance filing [ISO New England Inc., 194 FERC ¶ 61,168 (2026)].

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13
Mar
Sched. 21 - PSNH/ISO-NE/Berlin Station LSA

FERC accepts LSA for Local Point-to-Point Service for Burgess’s Large Generating Facility (TSA-PSNH-007), eff. Mar 1, 2026

10
Mar
Show Cause Order: ISO-NE Tariff Correction Mechanism

FERC issues show cause order finding that the ISO-NE Tariff may be unjust and unreasonable because it lacks provisions that would enable ISO-NE to correct improper or erroneous payments or charges to market participants in ISO-NE’s markets (Correction Mechanism), directing ISO-NE to either:  (1) show cause as to why the Tariff remains just and reasonable and not unduly discriminatory or preferential given its lack of a Correction Mechanism or (2) explain how it will revise the Tariff to remedy the identified concerns if the Commission were to determine that the Tariff has in fact become unjust and unreasonable or unduly discriminatory or preferential and, therefore, proceeds to establish replacement Tariff provisions. 

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10
Mar
Waiver Request: Return of CSO Payments (Brookfield)

FERC establishes settlement judge procedures to address the issue of whether and how Brookfield should return revenues or net revenues, with applicable interest, to ISO-NE

09
Mar
Sched. 21-GMP: Order 898 Revisions

FERC accepts GMP Order 898 Revisions, eff. Apr 3, 2026

09
Mar
Membership

ISO-NE submits notice that Clearlight Energy Services cured it Payment Default and is no longer suspended from the New England Markets

06
Mar
RFA Amendment - PSNH / NECEC

PSNH files amendment to NECEC Related Facilities Agreement

05
Mar
D&E Agreement Cancellation NSTAR/Mayflower Wind

NSTAR submits an amended notice of cancellation of its D&E Agreement with Mayflower Wind (to include a copy of the agreement)

05
Mar
BP Phantom Load Compaint

2026 Reports

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