August 19, 2026

Regulatory Update for August 19, 2026

(Covering August 12, 2026 - August 18, 2026)

Our energy regulatory team has compiled a list of state and federal energy regulatory developments to keep you up to speed on key energy regulatory matters from across the United States. Stoel’s energy regulatory team is always available to answer questions about any of these developments. Click here to meet the energy regulatory team.

Jump to the following jurisdictions:

State Regulatory Agencies

• California Public Utilities Commission (CPUC)
• California Energy Commission (CEC)
• Minnesota Public Utilities Commission (MPUC)
• Pacific Northwest (OPUC, BPA)
• U.S. Department of Energy (DOE)

Federal Regulatory Agencies

• Federal Energy Regulatory Commission (FERC)

Independent System Operators (ISO) and Regional Transmission Organizations (RTO)

• California Independent System Operator (CAISO)
• Midcontinent Independent System Operator (MISO)
• Southwest Power Pool (SPP)
• New York Independent System Operator (NYISO)
• Electric Reliability Council of Texas (ERCOT)

Click here to download this update as a PDF

State Regulatory Agencies

CALIFORNIA PUBLIC UTILITIES COMMISSION (CPUC or COMMISSION)[1]

Proposed Decisions and Resolutions

Resolution (Res.) E-5480. Decision (D.).24-10-030 directed investor-owned utilities (IOUs) to develop and propose a set of equity metrics to support equitable planning outcomes within the Distribution Planning and Execution Process (DPEP). As the decision explains, equity metrics within DPEP are for evaluation purposes only and are not to be used for forecasting or distribution planning. The intention is an annual assessment and does not involve modifying the planning process based on equity considerations. This Resolution adopts, with modifications, the equity metrics proposed by Pacific Gas and Electric Company (PG&E), Southern California Edison Company (SCE), and San Diego Gas & Electric Company (SDG&E) to measure equity in each utility’s yearly DPEP, as required by D.24-10-030. The Resolution also establishes reporting requirements for the joint utilities to annually evaluate equity in distribution planning using metrics that track how equitably distribution grid upgrades are allocated over time.

Rulemaking (R.)22-020-002 (Order Instituting Rulemaking to Implement Resolution E-5076 and Review of Tribal Policies)

This decision adopts revisions to CPUC’s Tribal Land Transfer Policy (TLTP) and Tribal Consultation Policy. The Tribal Consultation Policy is revised to specify the responsibilities of Commission staff, including the Office of the Tribal Advisor, to better promote tribal engagement in accordance with applicable law and other directives. The Proposed Decision also directs the Office the Tribal Advisor to assist tribes in identifying the service areas of investor-owned utilities that may overlap with their self-identified ancestral lands; and to convene a quarterly Tribal Information Forum, inviting all California tribes, for information exchange to address issues within the Commission’s jurisdiction and relevant to tribes.

Related Insight: For a deeper examination of the CPUC's proposed revisions to its Tribal Consultation and Tribal Land Transfer policies, see our Renewable + Law blog post, California Public Utilities Commission Proposed Decision Would Strengthen Tribal Consultation and Land Transfer Policies.

Resolution (Res.) G-3622

This Resolution approves in part and modifies in part the California Energy Commission’s (CEC) Advice Letters (ALs) 12-G and 10-G-A filed on August 8, 2025 and October 3, 2025, respectively. These ALs contain proposed Gas Research, Development, and Demonstration (RD&D) Investment Plans (Gas RD&D Plans or Plans) for Fiscal Years (FYs) 2024-2025 and 2025-2026. The Resolution partially approves the CEC’s Gas RD&D Plans with proposed budgets of $24 million each for its 2024 Plan and its 2025 Plan, totaling $48 million. Further, the Resolution reviews the CEC’s 2024 and 2025 Plans against a list of consolidated requirements from prior decisions and resolutions. This Resolution finds that CEC Plan omissions can be remedied with additional information and directs the CEC to submit its revised 2024 and 2025 Gas RD&D Plans via Tier 2 ALs within 90 days with modifications as described below.

Rulemaking (R.) 25-02-005 (Order Instituting Rulemaking to Update and Reform Energy Resource Recovery Account and Power Charge Indifference Adjustment Policies and Processes)

This decision affirms the Commission’s methodology of valuing Renewable Energy Credits (RECs) generated prior to January 1, 2019, and banked, but used for IOU customer compliance in later years at zero dollars when calculating PG&E, SDG&E, and SCE’s Power Charge Indifference Adjustments (PCIA). The Commission is statutorily mandated to ensure the movement of customers from IOU bundled service to IOU unbundled service does not result in a cost shift between bundled and unbundled customers. This obligation is referred to as maintaining customer indifference. The PCIA is the Commission’s regulatory tool for maintaining indifference between these customer groups.

Resolution (Res.) G-3623

This Resolution 1) denies PG&E’s AL 5196-G with its proposed 2024 Gas RD&D Plan; 2) approves, in part, AL 5197-G with its proposed 2025 Plan; and 3) approves, in part, AL 5222-G with its proposed 2026 Plan. The Commission: 1) denies PG&E’s 2024 Gas RD&D Plan with a proposed budget of $1,945,797; 2) approves, in part, PG&E’s 2025 Gas RD&D Plan with a proposed budget of $6,700,087 and administrative budget of $670,000; and 3) approves, in part, PG&E’s 2026 Gas RD&D Plan with a proposed budget of $8,267,000 and administrative budget of $826,700. The Commission directs PG&E to submit revised 2025 and 2026 Gas RD&D Plans via individual Tier 2 ALs. This Resolution authorizes budgets of $6,133,333 and $7,874,348 for PG&E’s 2025 and 2026 Plans, respectively, including 10% of funds for Program Administration.

Voting Meeting

The CPUC held a voting meeting on August 13 in San Francisco, California, at 11 a.m. PT. The energy-related results are below:

Item 3. Application (A.)24-08-004 (Application of Pacific Gas and Electric Company for a Limited Capital Structure Adjustment)

In this application, PG&E requests permission to deviate from its authorized capital rate structure, governed by Affiliate Transaction Rule IX B. Specifically, PG&E seeks to exclude $2.6 billion in expenses related to the Dixie Fire ($277 million at the time of filing), the Kincade Fire (approximately $1.2 billion at time of filing), and the Department of Water Resources (DWR) loan (approximately $1.4 billion) when calculating its debt-to-equity ratio. The decision denies PG&E’s requested relief and finds that (1) the request does not qualify for an Affiliate Transaction Rule waiver, and (2) it would not be in the public interest to grant a deviation from PG&E’s recently adopted capital rate structure. Held to September 3.

Item 3A

President Reynolds issued an Alternate Proposed Decision (APD) in A.24-08-004 (above), which would require PG&E to provide additional information in its next cost of capital application regarding its capital structure true-up analysis and the status of the DWR loan. Held to September 3.

Item 4. Resolution E-5455

This resolution approves, with modifications, PG&E’s AL 7785-E, filed on December 18, 2025, requesting Commission approval of an exceptional case agreement between PG&E and Google LLC to support the energization of a new 250 megawatt (MW) transmission-level retail electric load at 230 kilovolts (kV) in San Jose, California. Held to September 3.

Item 5. A.25-10-004 (Application of Pacific Gas and Electric Company to Increase Its Authority to Finance Short-Term Borrowing Needs by $2.0 Billion to an Aggregate Amount Not to Exceed $10.5 Billion)

This decision grants, in part, PG&E’s request to increase its authorized amount of financing for its short-term borrowing needs. Specifically, this decision authorizes PG&E to increase its authorized amount of financing for its short-term borrowing needs by $1.0 billion, or half of PG&E’s total requested increase, up to an aggregate amount not to exceed $9.5 billion, subject to the conditions specified in the proposed decision. This decision does not address the associated costs, expenditures, or capital projects that may be financed through the short-term debt authorized by the proposed decision, which will be subject to consideration in future reasonableness review applications. Signed, D.26-08-001.

Item 6. A.24-09-001 (Application of Southwest Gas Corporation for Authority to Increase Rates and Charges for Gas Service in California, Effective January 1, 2026)

This decision resolves remaining contested issues in this proceeding. It establishes the gas utility’s capital structure, return in common equity, the operating revenues, and a rate increase of 5.17% for the Northern California/South Lake Tahoe territory, and a rate increase of 22.36% for southern California. Signed, D.26-08-002.

Item 10. Resolution E-5463

This Resolution approves, with modifications, SDG&E’s 4655-E, PG&E’s 7591-E, and SCE’s 5544-E proposal to establish an annual cadence for submitting Low Carbon Fuel Standard (LCFS) program proposals to CPUC and aligning the CPUC’s LCFS directives with the most recent California Air Resources Board (CARB) regulation amendments and subsequent guidance documents. Approved.

Item 12. Resolution G-3620

Pursuant to Decision (D.)09-11-006, Southern California Gas Company (SoCalGas) submitted AL 6558-G, containing its 2025 Annual Compliance Report (ACR) on the Utility System Operator’s Southern System Reliability Purchases and Sales for the period October 1, 2024 through September 30, 2025. This resolution finds all the transactions executed by SoCalGas to maintain Southern System Minimum to be reasonable and approves all transactions based on their verifiability. This resolution also authorizes SoCalGas’s requested revisions to Section 19 of Gas Rule No. 41 as proposed. Moreover, this resolution authorizes SoCalGas’s requested revisions to Section 15 of Gas Rule No. 41, subject to conditions. Approved.

Item 14. A.25-04-004 (Application of Pacific Gas and Electric Company for a Certificate of Public Convenience and Necessity Authorizing the Construction of the S-238 Hinkley Compressor Station Electrical Upgrades Project)

This decision grants PG&E’s motion to withdraw this instant application, with instructions for PG&E’s future cost recovery proceedings, including the next general rate case cycle. Signed, D.26-08-005.

Item 27. A.26-06-017 (Joint Application of CorEnergy Infrastructure Trust, Inc. and CMH Acquisition Company, LLC, Pursuant to Section 854 of the Public Utilities Code, for Authority to Transfer Control of San Pablo Bay Pipeline Company, LLC (PLC 29) and Crimson California Pipeline, L.P.)

This decision grants the unopposed joint application of CorEnergy Infrastructure Trust, Inc. and CMH Acquisition Company, LLC pursuant to Section 854 of the Public Utilities Code, for authority to transfer control of San Pablo Bay Pipeline Company, LLC and Crimson California Pipeline, L.P. Signed, D.26-08-013.

Item 28. A.25-03-001 (Application of Southern California Edison for Approval Under Public Utilities Code Section 851 to Sell the Lower Tule Hydroelectric Power Plant to Lower Tule Hydro LLC)

This decision grants SCE’s application for authority to sell its Lower Tule Hydroelectric Plant and its associated electric facilities to Lower Tule Hydro, LLC pursuant to Section 851 of the California Public Utilities Code and approves, in part, the proposed ratemaking, cost recovery, and revenue allocation treatment of the sale. Signed, D.26-08-014.

Events

Interagency Public Briefing on Safety Culture and Public Safety Power Shutoffs (PSPS)

The Commission, in collaboration with the Office of Energy Infrastructure Safety, the California Department of Forestry and Fire Protection, and the California Governor’s Office of Emergency Services will host the Interagency Public Briefing on Safety Culture and PSPS on August 20, 2026. The public briefing will take place at the Commission’s auditorium, located at 505 Van Ness Ave., San Francisco. Access for remote attendance can be found here. The agenda and presentation decks can be found here.

Interconnection Discussion Forum (IDF)

The CPUC’s Energy Division will host the next IDF stakeholder meeting on Tuesday, September 22 from 1.p.m.–4 p.m. PT. The IDF provides an informal venue for utilities, developers, and other stakeholders to explore a wide variety of issues related to interconnection practices and policies. It is generally scheduled quarterly. This is the designated Q3 meeting for 2026. There was no Q2 2026 meeting due to work on the new interconnection proceeding R.25-08-004. Additional information, including how to contact the IDF hosts, is available on the CPUC Rule 21 webpage, available here.

CALIFORNIA ENERGY COMMISSION (CEC)

2026 Integrated Energy Policy Report (IEPR) Update

The CEC has set the following preliminary schedule for the 2026 IEPR. The schedule is available on the 2026 IEPR Update page.

Task/Event	Date
• Final 2026 IEPR Update Scoping Order released	April 2026
• Adopt order instituting informational proceeding	May 2026
• Public workshops on specific topics	May–December 2026
• Release draft 2026 IEPR Update	October 2026
• Release proposed 2026 IEPR Update	January 2027
• Adopt 2026 IEPR Forecast	January 2027
• Adopt 2026 IEPR Update	February 2027

The CEC’s 2026 IEPR Update workshop schedule (which remains subject to change) is set forth below. According to the workshop schedule, all workshops will be held via Zoom and the remaining workshops through December 2026 will run as follows:

August 20, 2026: Commissioner Workshop on Forecast Inputs and Assumptions, 1 p.m.–5 p.m. PT.

August 31, 2026: Commissioner Workshop on Load Modifier Inputs and Assumptions, 9 a.m.–12:00 p.m. PT.

November 12, 2026: Commissioner Workshop on Load Modifier Draft Results, 10 a.m.–5 p.m. PT.

December 14, 2026: Commissioner Workshop on Overall Forecast Results, 10 a.m.–5 p.m. PT.

Written comments regarding the August 20, 2026 workshop are due to the Docket Unit by 5:00 p.m. PT on September 15, 2026.

Demand Access Working Group Workshops

Data Center Load

The CEC held a Demand Analysis Working Group (DAWG) meeting on August 12, 2026 that focused on data center impacts and forecast updates. During the DAWG meeting, the CEC and load-serving entities discussed several topics, including:

• Data center pipelines
• Data collection efforts
• Any updates in forecast methodology
• Additional data that could be shared to enhance CEC’s forecasting efforts
• Bring-your-own generation/hybrid supply models

The workshop agenda and presentation materials are available here.  

IEPR Forecast Inputs & Assumptions

The CEC hosted a DAWG meeting on August 14, 2026 to discuss inputs and assumptions for these 2026 IEPR forecast components. The meeting covered topics such as economic and demographic projections, updated behind the meter and storage adoption trends, and transportation electrification scenarios. The workshop agenda and presentation materials are available here.

Notice to Amend Electric Vehicle (EV) Charger Reliability Standards

On August 11, 2026, the CEC announced its proposed rulemaking to amend the EV charger data and reliability standards (set forth in Title 20, California Code of Regulations, Division 2, Chapter 12, Article 2) to exempt MW Charging System EV chargers from certain requirements and to provide other “minor refinements” within the regulations. The CEC will hold a public meeting to consider the proposed regulations on Thursday, September 24, 2026 from 10 a.m.–1 p.m. PT via Zoom. Access details and other event information are available here. Additional information regarding the EV charger reliability standards is available on the EV Charger Data and Reliability Standards webpage.

Electric Program Investment Charge (EPIC)

The CEC will host its annual EPIC Symposium on September 29, 2026, both in person at the California Natural Resources Agency building at 715 P Street in Sacramento, California and via remote access. EPIC discussion topics include (1) Optimizing Electric Vehicles as Grid Assets and (2) Closing the Battery Lifecycle Loop. Registration is now live and the Symposium agenda is available here.

CEC Business Meetings

The CEC held a business meeting on August 17, 2026. The meeting agenda and supporting materials are available here. The CEC will also hold a special closed session business meeting on August 21, 2026 at 9:00 a.m. PT. The agenda for the August 21 meeting is available here. The next regular CEC business meeting will be held on September 9, 2026.

MINNESOTA PUBLIC UTILITIES COMMISSION (MPUC)

At its August 20, 2026 weekly agenda meeting, the MPUC will consider: (1) an addendum to the 80 MW Cottage Grove Battery Energy Storage System (BESS) Project of LSP CG Storage, LLC, and issuance of a draft site permit (Docket No. IP7180/ESS-26-184), (2) any issues of fact regarding Minnesota Power and American Transmission Company’s certificate of need application for the Iron Range - St. Louis County - Arrowhead 345 kV Transmission Project (Docket No. E015/CN-25-111), (3) whether all electric utilities in Minnesota have provided sufficient information for the 2026 compliance filings on self-commitment, or if any additional information is needed (Docket No. E999/CI-19-704), (4) acceptance, rejection, or modification of the findings, conclusions, and recommendations by the Court of Administrative Hearings regarding the City of Slayton’s petition for a determination of compensation for city acquisition of Xcel Energy electric service territory (Docket No. E002, PT7157/SA-25-129), (5) approval of the Technical Subgroup’s proposed changes to the Minnesota Distributed Energy Resource Technical Interconnection and Interoperability Requirements and the Minnesota Distributed Energy Resources Interconnection Process regarding Xcel Energy’s Battery Energy Storage Systems and Limited/Non-Export Systems (Docket No. E999/CI-16-521), and (6) whether to proceed with Frontier Communications of Minnesota and Citizens Telecommunications Co. of Minnesota’s proposed Customer Transition Plan petition (Docket No. P407, 405/DTL-26-266).

PACIFIC NORTHWEST (OPUC, BPA)

Oregon Public Utility Commission (OPUC)

On August 18, 2026, OPUC held a public meeting to consider: (1) Portland General Electric’s waiver of the competitive bidding rules in OAR Chapter 860, Division 089 for the acquisition of the Nottingham BESS project, a request which OPUC staff supports (Docket No. UM 2431), and (2) NewSun Energy LLC’s application for rehearing or reconsideration of Order No. 26-146 relating to the Commission’s waiver of the competitive bidding rules for a power purchase agreement for PacifiCorp and US SFR, LLC’s water use agreement, which OPUC staff recommends denying (Docket No. UM 2408). Additionally, OPUC is seeking public comments on Idaho Power’s proposed sale of its Oregon distribution system to Oregon Trail Electric Cooperative, which OPUC will review to determine whether the proposed sale will serve customer interests, maintain reliable service, and meet all regulatory requirements. Members of the public may provide comments by attending an in-person or virtual meeting or by submitting comments through an online form, email, phone, or mail. Additional information on commenting is accessible here.

Bonneville Power Administration (BPA)

On August 17, 2026, BPA hosted a public meeting to discuss its policy direction on end-use customer power load exclusions related to the Western Resource Adequacy Program. More information is accessible here; the workshop presentation materials are here. On August 19, 2026, BPA will be providing a public update on several components of its Grid Access Transformation (GAT) program. Materials will be posted prior to the meeting on the GAT webpage here. On August 20, 2026, BPA will host a Risk Mitigation and Financial Policies Refresh workshop, wherein it will provide a review of the existing 2022 Financial Plan culminating in a new financial plan, targeting a 2027 publishing date, which ensures BPA’s long-term financial goals are supported with agile risk mitigation strategy and updated financial policies. The workshop series will engage customers, stakeholders, and interested parties in helping to update our financial policies. More information on the workshop series, including meeting materials, is accessible here.

U.S. DEPARTMENT OF ENERGY (DOE)

DOE Cancels Transmission Corridor Designations

The DOE stated that it will not move forward with designating the three proposed National Interest Electric Transmission Corridors (NIETCs), previously selected in December 2024, to advance in the review process. DOE Secretary of Energy Chris Wright stated the previous administration had touted the now-cancelled NIETCs “as a means to advance their Green New Scam agenda and accelerate decarbonization.”

Federal Agencies

FEDERAL ENERGY REGULATORY COMMISSION (FERC)

D.C. Circuit Upholds Southwest Power Pool (SPP) Cost Shifting

The D.C. Circuit upheld FERC’s decision to allow SPP to shift the costs of four transmission facilities across SPP rather than the facilities’ local zones. The D.C. Circuit denied petitions for review, noting that petitioners’ arguments that FERC’s approval was unsupported by substantial evidence failed given that FERC approved SPP’s proposal based on evidence that the four facilities primarily served and benefited customers outside the facilities’ local zones.

FERC Seeks Public Comment on PJM Governance Reforms

Following FERC’s technical conference on PJM governance, FERC seeks comments on potential reforms on PJM’s ability to respond to load growth and reliability challenges. Comments are due August 21, 2026 in Docket No. AD26-7-000. FERC also stated it will establish a dispute resolution service forum beginning September 1, 2026 to develop proposals and assist with PJM governance improvements.

Independent System Operators (ISO) and Regional Transmission Organizations (RTO)

CALIFORNIA INDEPENDENT SYSTEM OPERATOR (CAISO)

Stakeholder Initiatives: Upcoming Meetings and Deadlines

2027 Effective Flexible Capacity Values for Resource Adequacy Resources

The CAISO has posted draft final Effective Flexible Capacity Report for 2027. The report can be found here. Comments and suggestions must be submitted by September 3, 2026.

2026-2027 Transmission Planning Process (TPP)

The CAISO posted the TPP preliminary reliability results on August 14, which can be found here. The TPP request window is open until October 15, 2026.

MIDCONTINENT INDEPENDENT SYSTEM OPERATOR (MISO)

Settlement Adjustments

FERC denied two complaints that had argued MISO’s settlement adjustments of approximately $280 million for its 2025/2026 capacity auction violated the filed rate doctrine and were unjust and unreasonable. FERC found that the software error, which had miscalculated loss of load expectation, was a continuing error under MISO’s tariff and therefore MISO was allowed to make adjustments.

SOUTHWEST POWER POOL (SPP)

Connectivity Study Approval

SPP’s Board of Directors approved the Western and Eastern Interconnection Capacity Expansion High-Priority Study, which SPP created to improve grid connectivity. SPP stated that a preliminary analysis showed that increasing transfer limits by more than 5,500 MW could produce hundreds of millions of dollars in savings annually.

NEW YORK INDEPENDENT SYSTEM OPERATOR (NYISO)

Statewide Demand Response Program

The New York Public Service Commission (NYPSC) initiated a proceeding to create a centralized statewide platform for enrolling residential customers in electric and gas utility demand response programs under an Excelsior Power Program. Under the program, participating customers would receive a $25 credit per month bill against their utility bills for participation. A first phase proposal is due within 30 days and a second-phase proposal is due within 120 days as the NYPSC seeks input from stakeholders.

ELECTRIC RELIABILITY COUNCIL OF TEXAS (ERCOT)

Data Center Moratorium

Texas Governor Greg Abbott directed ERCOT and the Public Utilities Commission of Texas (PUCT) to verify and audit all data centers advancing through ERCOT’s interconnection process. Governor Abbott’s office states that ERCOT and the PUCT must complete this audit before any data center project moves forward and that any project that fails to comply with the requirements set forth by the PUCT and ERCOT will be denied connection to the Texas grid.

Abbott directed the PUCT and ERCOT to obtain information from each data center information on which data centers are paying their own way or depending on Texas for financial assistance and the extent data centers are providing their own power or bringing their own water.

Batch Zero Good Cause Timeline Exceptions

In response to Texas Governor Greg Abbott issuing a letter directing ERCOT and the PUCT to audit all data centers advancing through ERCOT’s interconnection process and pausing data center interconnections, ERCOT has stated its Batch Zero transitional large load interconnection study process will be paused and therefore ERCOT will be unable to meet its initial deadline. ERCOT therefore requested good cause exceptions to the previously approved Batch Zero timelines.

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[1] Per the CPUC’s Rules of Practice and Procedure Rule 14.3, comments on proposed decisions are due 20 days after issuance of the proposed decision, and reply comments are due five days thereafter.  Comments on draft resolutions are due 20 days after the draft resolution appears in the CPUC’s daily calendar, per Rule 14.5.