September 2, 2026

Regulatory Update for September 2, 2026

(Covering August 26, 2026 - September 1, 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)
• Pacific Northwest (OPUC, BPA)

White House

• White House

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

• California Independent System Operator (CAISO)
• Data Centers

Click here to download this update as a PDF

State Regulatory Agencies

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

Proposed Decisions and Resolutions

None to report.

Voting Meeting

The CPUC will hold a voting meeting on September 3, 2026 in Sacramento, California, at 11 a.m. PT. The energy-related items on the agenda are below:

Item 2. Application (A.) 24-08-004 (Application of Pacific Gas and Electric Company (PG&E) 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.

Item 2A

President Reynolds issued an Alternate Proposed Decision (APD) in A.24-08-004 (above), which would exempt the DWR loan from PG&E’s regulatory capital structure, and would require PG&E to provide additional information in its next cost of capital application regarding a capital structure true-up analysis that identifies any equity surplus caused by the decision not to exempt the Kincade and Dixie wildfire from the capital structure, and the status of DWR loan forgiveness.

Item 3. Resolution E-5455

This resolution approves, with modifications, PG&E’s Advice Letter (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.

Item 5. Rulemaking (R.) 21-06-017 (Order Instituting Rulemaking to Modernize the Electric Grid for a High Distributed Energy Resources Future)

This decision adopts a biannual schedule for the Integration Capacity Analysis workshops starting January 1, 2027. This decision allows PG&E, Southern California Edison Company (SCE), and San Diego Gas & Electric Company (SDG&E) to file a Tier 2 advice letter to propose changes to the workshop cadence. This decision also orders the Investor-Owned Utilities to produce Grid Modernization Progress Reports in the fall of even-numbered years, due on October 1, aligned with the requirements set forth in California Public Utilities Code section 913.6.

Item 6. R.21-11-014 (Order Instituting Rulemaking to Implement Senate Bill (SB) 1014-the California Clean Miles Standard Program)

This decision addresses issues in the second phase of the Clean Miles Standard Program. Of note, this decision clarifies exemptions for Autonomous Vehicle Passenger Carriers, codifies additional incentives for low- and moderate-income drivers on Clean Miles Standard Regulated Entities platforms, and outlines a process for ending the Clean Miles Standard Program after the targets have been met. The instant decision declines to adopt a citation program for enforcement of the Clean Miles Standard annual targets at this time.

Item 14. R.22-11-013 (Order Instituting Rulemaking to Consider Distributed Energy Resource Program Cost-Effectiveness Issues, Data Access and Use, and Equipment Performance Standards)

This decision updates the Avoided Cost Calculator (ACC), beginning with the 2026 ACC. The updates are designed to create a more robust, transparent ACC model that better reflects changing systems and load patterns due to increased building and vehicle electrification and growing renewable penetration on the grid.

Item 18. A.26-03-008 (Application of SDG&E for authorization to: (1) issue debt securities in an aggregate principal amount up to $2,583 million of debt capital, in addition to previously authorized amounts; (2) issue roll-over debt securities in an aggregate principal amount up to $1,348 million of debt capital, in addition to previously authorized amounts; (3) include certain features in the debt securities, or to enter into certain derivative transactions related to underlying debt in order to improve the terms and conditions of the debt portfolio, and with the goal of lowering the cost of money for the benefit of ratepayers; (4) hedge planned issuances of debt securities; and: (5) take all other necessary, related actions)

This decision grants SDG&E authority to issue up to $2.583 billion of new debt and up to $1.348 billion of roll-over debt securities, in addition to previously authorized amounts. This decision also authorizes SDG&E to issue certain tax-exempt debt securities to guarantee the obligations of others, to include certain features or enter into certain derivative transactions with the goal of lowering SDG&E’s cost of money for the benefit of ratepayers, to hedge when appropriate and in accordance with the new financing rule, and to take specific related actions as described in this decision.

Item 19. Resolution O-0101

This resolution approves Torrance Basin Pipeline Company, LLC’s (Torrance Basin) request to increase rates by 10 percent on its M-131 Crude Line pursuant to the provisions of Public Utilities Code section 455.3 and General Order 96-B, Energy Industry Rule 5.3 and Energy Industry Rule 8.

Item 20. A.25-12-021 (Joint Application by Zenith Energy Terminals Holdings, LLC, Zenith Energy West Coast Terminals LLC, and Seaview West Coast Logistics LLC, for Approval of Transfer of Control of Zenith Energy West Coast Terminals LLC Pursuant to California Public Utilities Code Section 854(a), for Approval to Assume the Obligations of a Parent Pursuant to California Public Utilities Code Section 830, and for an Order Pursuant to California Public Utilities Code Section 851(a) to Encumber Public Utility Assets)

This decision approves transfer of ownership of Zenith Energy Terminals West Coast LLC from Zenith Energy Holdings LLC to Seaview West Coast Logistics, LLC. It also authorizes Seaview West Coast Logistics, LLC to encumber the assets of Zenith Energy Terminals West Coast LLC. The change in ownership is not a project subject to review under the California Environmental Quality Act.

Item 50. R.___ [To be Determined] (Order Instituting Rulemaking to Revise the General Rate Case Plan for Energy Utilities)

The Commission initiates this rulemaking to update minimum requirements in the Rate Case Plan (RCP) for the energy utilities filing General Rate Cases (GRC), and to implement the requirements specified by Assembly Bill (AB) 2666 (Boerner, 2024), AB 2847 (Addis, 2024), and SB 254 (Becker, 2025). According to the Commission, these updates are designed to facilitate improved evidentiary showings in GRCs in a more uniform manner, and provide parties and Commission decision-makers with more complete information in furtherance of the statutory directive to ensure that rates are sufficient to furnish and maintain “adequate, efficient, just, and reasonable service,” while observing the principle that “electricity and gas services are necessities, for which a low affordable rate is desirable.” In conjunction with these goals, the Commission may also consider broader revisions of the RCP to promote more efficient and effective management of the rate case process while promoting consistency and uniformity in the energy utilities’ GRC applications.

Events

Interconnection Discussion Forum (IDF)

The IDF stakeholder meeting scheduled for Tuesday, September 22, 2026 has been cancelled. Information, including how to contact the IDF hosts, is available on the CPUC Electric 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.–12:30 p.m. PT. The meeting schedule is available here.

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 and August 31, 2026 workshops are due to the docket unit by 5:00 p.m. PT on September 15, 2026.

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. to 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.

Lithium Valley Informational Proceeding

The CEC will host a remote access workshop from 9:00 a.m. to 4:00 p.m. PT on September 10, 2026 to discuss current opportunities for development of the lithium industry in the Salton Sea region of California. Additional information regarding the scope of the workshop and attendance instructions are available in the workshop notice. Written comments are due to the docket unit by 5:00 p.m. PT on September 30, 2026.

CEC Business Meetings

The next regular CEC business meeting will be held on September 9, 2026. The meeting agenda and supporting materials are available here.

PACIFIC NORTHWEST (OPUC, BPA)

Public Utility Commission of Oregon (OPUC)

On September 3, 2026, the OPUC will hold a public meeting to consider (1) granting PacifiCorp d/b/a Pacific Power’s request for a waiver of OAR 860-089-0250(1) and approving use of PA Consulting as the Independent Evaluator for Phase 2 of PacifiCorp’s 2025 Request for Proposals (Docket No. UM 2383), and (2) a public hearing and commissioner work session to open a formal rulemaking to implement SB 845, which primarily authorizes the Commission to order the sale of a water utility that is unable to provide safe and adequate service (Docket No. AR 673). The full agenda is accessible here.

Bonneville Power Administration (BPA)

On August 31, 2026, BPA hosted a BP-26 transmission settlement commitment workshop to discuss (1) the short distance discount and the billing determinant for Network Integration Transmission Service as related to behind-the-meter resources and (2) to provide clarity on the scope, eligibility, and costs of the New Generation Technology Pilot Program. The settlement is included in the BP-26 Rate Proceeding Administrator’s Final Record of Decision. More information on the BP-26 rate case is here. On September 1, 2026, BPA hosted the second workshop in its Risk Mitigation & Financial Policies Refresh series, wherein BPA reviewed the existing 2022 Financial Plan which will culminate in a new financial plan, targeting a 2027 publishing date, to ensure BPA’s long-term financial goals are supported with agile risk mitigation strategy and updated financial policies. The 2022 Financial Plan is available here.

Also on August 31, BPA published what it refers to as a refreshed strategic plan to accelerate innovative transmission and power supply solution to meeting growing demand and expansion in the region.  The plan seeks to protect legacy customers and ratepayers by ensuring that “growth pays for growth.”  The 2026-2030 Strategic Plan is available here.

Lastly, on September 1, BPA announced a two-week delay in issuing its updated large generator interconnection Phase One Cluster Study Reports.  Those reports—initially targeted for September 11, 2026—will now be issued September 25.  In addition, BPA will tender Phase Two Cluster Study Agreements on October 9, 2026, for customers who intend to move forward in the interconnection study process.

White House

WHITE HOUSE

National Emergency to Secure Bulk Power System

On August 26, 2026, President Trump issued Executive Order 14421, “Declaring a National Emergency to Secure the United States Bulk-Power System,” based on his finding that “[c]ertain foreign actors are increasingly creating and exploiting vulnerabilities in the United States bulk-power system.” The order finds that minimal restrictions exist on the acquisition or operation of foreign-produced bulk-power system electric equipment in the United States, augmenting the ability of some foreign entities to create and exploit vulnerabilities in that equipment. The recent order builds on a materially similar order, Executive Order 13920, issued on May 1, 2020, during the President’s first term. That earlier order was suspended on January 20, 2021, and lapsed by its own terms on May 1, 2021, and a separate December 2020 Department of Energy prohibition order issued under it was revoked effective April 20, 2021. The new order broadens that framework in several respects: the equipment definition is wider, the country trigger is broader and more automatic, the reach over already-installed equipment is more explicit, and it adds an anti-evasion clause and express authority to order the replacement of equipment posing an unacceptable risk.

The order authorizes the Secretary of Energy to prohibit or condition certain transactions involving foreign-produced bulk-power system equipment—including transmission and substation equipment, generators, utility-scale and other grid-connected inverters, battery energy storage systems, and uninterruptible power supply systems supporting critical infrastructure, along with any associated critical component, software, firmware, digital service, maintenance service, or remote-access capability. The prohibition applies where the Secretary determines both that the equipment is tied to a “Covered Foreign Entity”—a term keyed to the arms-embargo and sanctions provisions of the International Traffic in Arms Regulations (22 C.F.R. Section 126.1), plus any entity the Secretary designates—and that the transaction poses an unacceptable risk to national security, electric system reliability, or critical infrastructure. For equipment already installed, the Secretary may impose conditions on its continued use, operation, maintenance, servicing, or updating, including requirements to identify, isolate, monitor, secure, disconnect, replace, or remove it, subject to consideration of reliability, safety, replacement availability, and continuity of service. The order directs the Secretary to publish implementing regulations within 120 days “as needed,” and calls for recommended revisions within 180 days to federal procurement policies to ensure national security risks are considered and to prioritize the acquisition of United States-manufactured energy infrastructure. Additional analysis is available here.

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 the 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): Meetings

The CAISO will host a virtual public stakeholder meeting on September 23 and September 24, 2026, to discuss the preliminary reliability study results, participating transmission owner’s reliability projects, and updates on other analyses related to the 2025-2027 TPP. The meeting materials can be found on the TPP webpage and meeting access can be found here.

Data Centers

DATA CENTERS AND LARGE LOADS

Delaware Governor Signs Data Center Bills

Delaware Governor Matt Meyer signed four bills that require data centers and other large energy users to pay their own infrastructure costs, protect the power grid, and strengthen rate caps and consumer protection against rate increases. House Bill (HB) 233 creates a separate utility rate case for large energy-use facilities to pay the full cost of their upgrades. HB 445 enacts a bring your own generation requirement for large energy-use facilities to ensure they produce or secure 100% of their required power, which includes a share of clean energy. HB 310 prohibits large energy-use facilities from qualifying for job-creation business tax credits and license fee reductions. SB 326 places limits on capital expenditures that for-profit monopoly utilities can recover from standard residential ratepayers.

North American Electric Reliability Corporation (NERC) Large Load Action Plan Comments Open

On July 16, 2026, FERC ordered NERC to file one or more new or modified Reliability Standards to address reliability risks to the Bulk Power System associated with the integration of computational loads. NERC has proposed revisions and is accepting comments on the following:

• Disturbance Performance for Computational Loads: NERC’s Large Loads Working Group issued a Standard Authorization Request for industry comments on Disturbance Performance for Computational Loads. Commentscan be submitted from August 26 to September 24, 2026.
• Registry Criteria: NERC proposed revisions to its Rules of Procedure to develop new registered entity types known as Computational Load Owners and Computational Load Operators. In response to feedback received on its initial posting, NERC is now posting proposed revisions to Appendices 2, 5A, and 5B for additional public comment for 30 days from August 19 to September 18, 2026. Stakeholders can submit comments here. 
• Computational Loads: NERC proposed foundational Reliability Standards that align with updates to the registry criteria to support computational load integration while maintaining reliability. NERC stated that the proposed standards are based on requirements in existing Reliability Standards. Three foundational standards will address: (i) CLO-001-1 Computational Load Interconnection, Studies, & Modeling; (ii) CLO-002-1 Computational Load Operational Data and Communications; and (iii) CLO-003-1 Computational Load Protection Coordination and Disturbance Monitoring. The proposal also includes limited updates to FAC-001-5 and FAC-002-5 to ensure clarity. The proposed standards are posted for public comments for 30 days from August 19 to September 18, 2026. Stakeholders can submit comments via the Standards Balloting and Commenting System.

South Carolina Data Center Regulatory Exclusion

The Public Service Commission of South Carolina issued a directive finding that Valara Holding LLC’s proposed data center was not subject to some of the regulatory processes as other power plants. The Public Service Commission reasoned that the South Carolina Utility Facility Siting and Environmental Protection Act would not apply to the proposed facility because the facility will not export power generated to the grid for public use. The Public Service Commission has yet to issue a full commission order.

--------------------

[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.