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DC Circuit upheld FERC Order No.

2026-07-31 · 17:20 UTC ·@AriPeskoe ·0 min read

Brief

The DC Circuit upheld FERC Order No. 2023, affirming FERC’s authority to set industrywide generator interconnection and transmission rules instead of requiring bespoke utility- or RTO-level actions. The court also sustained FERC’s ability to impose fines for delayed studies and to enforce withdrawal penalties, countering claims advanced by James Danly and SoCo and protecting FERC’s centralized enforcement power.

Why it matters

DC Circuit upheld FERC Order No. 2023, which mandates nationwide reforms to generator interconnection processes rather than requiring utility-by-utility or RTO-by-RTO rulemaking.

Key details

  • Court rejected utility claims against FERC’s authority to impose fines for delaying interconnection studies and rejected generator challenges to withdrawal penalty provisions.
  • Ruling rebuts arguments from anti‑FERC figures/organizations (named: James Danly and SoCo) that FERC lacks authority to set transmission rules—implications: preserves FERC’s centralized rulemaking power and limits utility leverage.
Source evidence

Significant for the DC Circuit to reiterate (again) that FERC can set industry rules and does not have to go utility-by-utility, RTO-by-RTO.

Anti-FERCists, such as James Danly and SoCo, have said FERC may not set transmission rules. Would devastate FERC, empower utilities.

Ari Peskoe (@AriPeskoe)

DC Circuit upholds FERC Order No. 2023, which mandated reforms to generator interconnection processes.

Court rejects utility arguments against fines for delaying studies and generator arguments about withdrawal penalties.

— https://nitter.net/AriPeskoe/status/2083223976969490508#m