From:"Sustainable Energy Advantage, LLC" <sea-deliverables@seadvantage.com>
Sent:Thursday, 19 February 2026 19:34
To:"Sustainable Energy Advantage, LLC" <sea-deliverables@seadvantage.com>
Subject:SEA Eyes & Ears - Storage No. 26-4 - January 26, 2026

SEA Storage 26-4: Issued: January 26, 2026

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Headlines 

Legislative Tracker  

ISO New England  

Massachusetts  

Connecticut  

Maine  

New Hampshire  

New York  

PJM RTO  

New Jersey  

Maryland  

Virginia  

Indiana  

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2025 Legislative Tracking Spreadsheet Update 

SEA's most up to date Legislative Tracking Spreadsheet can be found here. Please feel free to contact John Keene with any questions regarding storage policy tracking.

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ISO New England 

NEPOOL RC considers capacity auction reforms, refines seasonal tie benefits modeling 

On January 22, 2026, at the NEPOOL Reliability Committee (RC) meeting (see agenda), ISO-NE presented updates to its seasonal tie benefits (STB) modeling under the capacity auction reforms (CAR) seasonal/accreditation (CAR-SA) initiative. As last discussed in NE Flash 25-50, the CAR initiative encompasses ISO-NE’s efforts to develop reforms that, if adopted, would (i) transition the current forward-annual market construct to a prompt-seasonal construct and (ii) introduce resource capacity accreditation (RCA) reforms. ISO-NE proposed the following changes to its STB modeling: 

  1.  

Next Steps 

Looking ahead, ISO-NE plans to continue to work on CAR-SA accreditation and market design through the beginning of Q2 2026. After that point, ISO-NE will finalize its proposals by identifying necessary tariff changes. The next Markets Committee and Reliability Committee sessions are scheduled for February 10 and February 12, respectively. 

NEPOOL TC votes to approve Order 2023 conforming changes pertaining to equivalent Capacity Network Resource Capability 

On January 21, 2026, ISO-NE provided an updated presentation to the NEPOOL Transmission Committee (TC) (see agenda) summarizing its proposal to formalize the concept of equivalent Capacity Network Resource Capability (CNRC) and address how equivalent CNRC is established, managed, and reduced. As last discussed in NE Flash 25-51, CNRC would become a standardized measure of deliverability for resources not subject to ISO‑NE Interconnection Procedures (e.g., Distributed Energy Capacity Resources and Active Demand Capacity Resources). This measure would ensure that all capacity resources, whether transmission- or distribution-connected, are subject to consistent deliverability accounting.

However, as discussed in NE Flash 23-31, FERC Order No. 2023 (Order 2023) required all independent system operators (ISOs) and regional transmission organizations (RTOs) to adopt generator interconnection process reforms aimed at addressing interconnection queue backlogs, and as part of its compliance, ISO-NE shifted deliverability assessments to its interconnection process. As a result, ISO‑NE needs new, conforming tariff provisions to determine equivalent CNRCs for capacity resources not subject to its Interconnection procedures. 

In this presentation, ISO-NE outlined minor adjustments to its previously presented proposal. These changes were largely ministerial in nature and involved ensuring different tariff sections are internally consistent with regard to their treatment of CNRC. Moreover, ISO-NE proposed an effective date to implement its CNRC-related tariff changes of May, 2026, following a FERC filing in March 2026. The updated (redlined) tariff sections are accessible as follows:

Following the presentation, the TC voted to approve ISO-NE’s proposal. Looking ahead, the NEPOOL Participants Committee is scheduled to vote on the proposed tariff revisions at its meeting on February 5. 

NEPOOL TC considers Asset Condition Reviewer framework 

On January 21, 2026, at the NEPOOL Transmission Committee (TC) meeting (see agenda), ISO-NE provided a presentation concerning its Asset Condition Reviewer Key Project

Background 

As discussed in NE Flash 24-43, in February 2023, the New England States Committee on Electricity (NESCOE) sent an initial memorandum to the New England Transmission Owners (NETOs) recommending enhancements to the asset condition project process to address ballooning costs and a lack of transparency. In a July 2023 follow-up memo, NESCOE attached more specific recommendations. In August 2023, the NETOs sent a reply committing to process enhancements, which include Asset Condition Project Presentation Guidelines, an Asset Condition Database, and an Asset Condition Process Guide. As discussed in NE Flash 25-18, the asset condition process in New England is also under scrutiny as part of a broader Complaint proceeding before FERC targeting “local” transmission planning tariffs. 

As discussed in NE Flash 25-36, with stakeholder support, ISO-NE has agreed to take on the role of an “Asset Condition Reviewer,” an independent “non-decisional technical expert and advisor” to the NETOs, the states, and other stakeholders for proposed asset condition projects. As discussed in NE-Flash 25-43, in October 2025, ISO-NE provided an update to the Planning Advisory Committee (PAC) and solicited feedback on key topic areas.

Presentation 

In its presentation, ISO-NE summarized stakeholder feedback, noting unified support of transparent, early-stage reviews that provide actionable outputs and include alternatives and “right-sizing” analysis, but differing opinions on governance. ISO-NE also noted that creating the role would require changes to its Tariff and to the Transmission Operating Agreement (TOA) and proposed publishing an Asset Condition Reviewer Planning Guide. 

Looking ahead, ISO-NE noted that it expects to establish the role effective January 2027. ISO-NE will continue stakeholder discussions on this topic at each monthly TC meeting leading up to voting on the proposal at the June 24, 2026, TC meeting and the August 6 Participants Committee meeting. 

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Massachusetts

In proceeding on exemption of the Town of Tewksbury zoning by-laws to allow the construction of 125 MW BESS; Joint Intervenors file a Motion for Partial Summary Decision; Town requests extension to file testimony by Feb. 6

As discussed in previous flash updates (NE Flash 25-48, NE Flash 25-15), the Hillman Energy Center, LLC (Hillman), a subsidiary of East Point Energy, is seeking an exemption from the Town of Tewksbury’s zoning bylaws (Bylaws) for its proposed 125 MW 4-hour duration Battery Energy Storage System (BESS) of the same name.

On January 13th, 2026, the Joint Intervenors (adjacent landowners) filed a Motion for Partial Summary Decision, arguing that the Massachusetts Energy Facilities Siting Board (EFSB), which is overseeing the exemption request, lacks the authority to grant an exemption to Section 5.6 of the Bylaws, which governs any development within the Town’s groundwater protection district. The Joint Intervenors argue that because the proposed project site is within an approved wellhead protection area, as set forth by the Massachusetts Department of Environmental Protection (DEP), under Section 5.6 of the Bylaws a review of the planned facility and any required groundwater protection measures is not only set forth by the Town of Tewksbury, but is required by state and federal law. 

The Joint Intervenors request that EFSB issue a Partial Summary Decision acknowledging the EFSB’s lack of authority over Section 5.6 of the Bylaws. We note that this would not prevent EFSB from granting Hillman an exemption from other zoning requirements laid out in the Bylaws. 

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Connecticut 

PURA opens NWS Process Cycle 2 docket; Motions to intervene due Feb. 6 

 

On January 23, 2026, the Connecticut Public Utilities Regulatory Authority (PURA) opened Docket 26-08-08 to serve as the administrative record for PURA’s second annual Non-Wires Solutions (NWS) Process Cycle for electric distribution companies (EDCs) in Connecticut, i.e., Eversource Energy and United Illuminating Company. The proceeding will review the EDCs’ February 2026 data and identify distribution system needs, determine which traditional wires-based grid upgrades may be deferred or avoided through competitive NWS solicitations, and evaluate compliance with the approved NWS process and design documents. Stakeholders seeking participant status must file a Motion to Intervene by February 6. 

PURA issues Draft DG program successor study; comments due Feb. 4 

 

On January 21, 2026, in Docket No. 25-02-14, the Connecticut Public Utilities Regulatory Authority (PURA) issued a Draft Legislative Report recommending successor renewable energy programs. If adopted as drafted, the Report would recommend that the Connecticut General Assembly pass legislation in the 2026 Session to enable successor programs, noting that the current tariff programs are scheduled to sunset in 2027. PURA recommended transitioning Connecticut’s Nonresidential Renewable Energy Solutions (NRES) and Shared Clean Energy Facilities (SCEF) programs from competitive solicitation to a standard offer format. PURA would also recommend that the legislature reinstate PURA’s authority to establish programs for front-of-meter (FTM) distributed energy storage. 

PURA requested that stakeholders submit written comments on the Draft Report by February 4, at 4:00 pm. 

We will provide a more detailed summary of the recommendations in an upcoming Flash Update. 

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Maine 

EUT Committee to hold Jan. 29 work sessions on utility RTO participation, portable solar and BESS, community solar; public hearing on concept draft Feb. 2 

On January 23, 2026, the Maine Legislature’s Joint Committee on Energy, Utilities, and Technology (EUT Committee) scheduled work sessions and a public hearing on January 29 and February 2, respectively. We summarize the activities below: 

Jan 29 Work Sessions (11:00 am, 1:00 pm) 

Feb 2, Public Hearing (1:00 pm)

EUT work sessions and public hearings will be held in Room 211, Cross Office Building. 

FERC approves Versant Wholesale Distribution Access Tariff 

On January 16, 2026, in Docket No. ER26-528, FERC issued an Order accepting the revised Wholesale Distribution Access Tariff (WDAT) submitted by Versant Power (Versant). The revised WDAT went into effect January 17, as requested. 

As last discussed in NE Flash 25-48, on November 17, 2025, Versant submitted a revised WDAT after FERC rejected its initial filing. In its earlier Order, FERC found that Versant’s original tariff impermissibly included transmission service charges applicable to distribution-connected electric storage systems (ESS), rendering the tariff inconsistent with Order No. 841, which requires that storage resources participating in wholesale markets not be assessed transmission charges when dispatched by an Regional Transmission Operator or Independent System Operator. 

FERC found that Versant’s revised tariff cures these deficiencies. The approved Rate Schedule applies to electric storage facilities interconnected to Versant’s Bangor Hydro District distribution system when those facilities are charging for later sale into the ISO-NE wholesale energy or ancillary services markets. The Rate Schedule includes a Customer Charge, Distribution Energy Charge, and Distribution Demand Charge, and reflects the same customer and distribution charges approved by the Maine Public Utilities Commission in Versant’s retail tariffs. 

No protests or interventions were filed in response to the November 17, 2025, filing. 

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New Hampshire 

House STE and Senate ENR Committees to hold hearings on multiple renewable energy bills, Feb. 2 through Feb. 10 

 

Recently, multiple New Hampshire House of Representatives and Senate Committees have scheduled public hearings on renewable energy bills for February 2 through February 10, 2026. We summarize the activities, by date, below: 

Feb. 2 House Science, Technology, and Energy (STE) Public Hearing (9:00 am – 10:29 am) 

At the hearing, the House STE Committee will discuss HB 1775 – relative to utility ownership of natural gas and nuclear power generation facilities.

Feb. 2 House STE Public Hearing (1:00 pm – 4:30 pm) 

At the hearing, the House STE Committee will discuss HB 1742 – relative to the protection of customer-generators from inadvertent enrollment in third-party electricity supply programs

Feb 3 House STE Public Hearing (10:00 am – 2:59 pm) 

At the hearing, the House STE Committee will discuss: 

Feb 3 House STE Executive Session (3:00 pm – 4:30 pm) 

At the Executive Session, the House STE Committee may act on the following bills: 

Feb. 10 Senate Energy and Natural Resources (ENR) Public Hearing (9:00 am – 12:00 pm) 

At the hearing, the Senate ENR Committee will discuss SB 597 – relative to utility rate increases to inflation-adjusted thresholds and performance incentive metrics for utilities. 

We will summarize these bills in upcoming coverage of the hearing. 

House STE Committee to hold public hearings on Bills allowing BESS net metering participation and reliable energy sources, Jan. 29 

 

During the week of January 19, 2026, the New Hampshire House of Representatives’ Committee on Science, Technology and Energy (STE Committee) scheduled a public hearing to be held on January 29, 2026, from 9:30 am to 3:30 pm to consider the following Bills related to clean energy: 

The hearing will be held in the Granite Place Building, Room 158. We will summarize these Bills in upcoming coverage of the hearing.

Grid Modernization Advisory Group to meet Feb. 3

 

The New Hampshire Department of Energy’s Grid Modernization Advisory Group (GMAG) has scheduled a public meeting for February 3, 2026 at 10:00 am. According to the posted agenda, the meeting will review GMAG’s 2025 Report (discussed in NE Flash 26-3) and develop follow-up actions based on the Report’s findings. The Report highlighted transactive energy, improved price signals, and expanded access to temporal pricing as key tools to enable greater integration of renewables while maintaining grid reliability. The Report emphasized the role of both short- and long-duration energy storage in balancing renewable generation and addressing reliability challenges. 

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New York 

CCSA study finds 20 GW by 2035 distributed solar and 3.7 GW storage target will result in $1 billion of annual energy savings 

On January 14, 2026, the Coalition for Community Solar Access (CCSA) announced the release of a report, titled Sunlight and Storage into Savings. The Report was prepared for CCSA by Synapse Energy Economics (Synapse). In the Report, Synapse found that reaching increased solar and storage deployment targets would reduce annual residential electric costs by $87 per year for upstate customers and $46 per year for downstate customers, totaling $1 billion per year in avoided energy costs. Synapse also found that the policy change would result in $947 million per year in avoided greenhouse gas (GHG) costs by 2035. Synapse modeled its results by comparing the following two scenarios: 

 

CCSA noted that Synapse’s policy case is partially based on S6570: The Accelerate Solar for Affordable Power (ASAP) Act, if enacted, the S6570 would set a goal to deploy 20 GW of distributed solar by 2035. The Bill would also: 

We note that S6570 would not increase storage deployment targets as contemplated in the Synapse study. 

NYISO responds to stakeholder requests, discusses modifications to its Order 2023 pro forma interconnection agreement process 

On January 20, 2026, at the joint NYISO Transmission Planning Advisory Subcommittee (TPAS) and Electric System Planning Working Group (ESPWG) meeting (see agenda), NYISO provided an updated presentation on proposed enhancements to the cluster study process and responded to stakeholder-requested modifications to its pro forma interconnection and construction agreements. 

As last discussed in NY Flash 26-2, NYISO is in the process of conducting the transition cluster study, its first interconnection cluster study pursuant FERC Order No. 2023 (Order 2023). As discussed in NY Flash 23-31, Order 2023 required independent system operators (ISOs) and regional transmission organizations (RTOs) to transition to a first-ready, first-served cluster study process and implement certain changes to the large-scale facility interconnection process intended to increase the speed and certainty of the process. 

In its presentation on proposed cluster study enhancements, NYISO responded to stakeholder feedback on the proposed enhancements (discussed in NY Flash 26-2), indicating which stakeholder suggestions it plans to address, and which it will not consider at this time. The key reforms NYISO plans to address in 2026 are:

In its presentation on its pro forma interconnection and construction agreements, NYISO highlighted stakeholder feedback it received and provided bulleted responses. NYISO: 

Looking ahead, NYISO noted that it plans to bring proposed revisions to its pro forma interconnection agreement to a future TPAS meeting in February and will seek NYISO Board of Managers approval in April or May 2026. We note that the next TPAS meeting is scheduled for February 3. 

NYISO presents preliminary base case results for 2025-2044 System & Resource Outlook 

On January 20, 2026, at the Electric System Planning Working Group (ESPWG) meeting (see agenda), NYISO presented an update to its 2025-2044 System & Resource Outlook (SRO). As last discussed in NY Flash 25-51, the SRO is a biennial (once every two years) report summarizing the recent and ongoing assessments, evaluations, and plans of the Comprehensive System Planning Process, including a 20-year projection of NYISO’s demand, generation, and transmission. The 2025-2044 SRO will include three policy reference cases: the Base case, Contract case, and Policy case. 

At the meeting, NYISO presented preliminary results for the Base case. The Base Case uses the 2025 NYISO Gold Book Baseline demand forecast and aligns generation and transmission assumptions with NYISO’s most recent reliability study (discussed in NY Flash 25-48) to run production cost modeling. See the preliminary results below:

 

NYISO provided the following summary of results (listed verbatim): 

NYISO expects to provide preliminary results for all cases in Q1 2026 and release the Draft and Final SRO Reports in Q2 2026. 

NYISO initiates project to explore automatic resale of surplus UCAP 

On January 21, 2026, at the joint meeting (see agenda) of the Installed Capacity (ICAP) Working Group (ICAPWG), Market Issues Working Group (MIWG), and Price Responsive Load Working Group (PRLWG), NYISO provided a presentation on proposed tariff revisions to enable the automatic resale of surplus Unforced Capacity (UCAP). 

Under the current market structure, NYISO cannot resell surplus UCAP without an affirmative action from Market Participants (MPs), which results in unsold surplus UCAP. This generates excess UCAP charges to load that, in turn, may create higher market-clearing prices. NYISO proposed tariff revisions that would automatically create Zero Dollar Offers (ZDOs) in an ICAP Spot Market Auction to resell any surplus UCAP that exists after the deadline for UCAP certification. NYISO plans to present tariff revisions at a February ICAPWG meeting, with Business Issues Committee and Markets Committee votes expected in Q1-Q2 2026.

NY-BEST publishes whitepaper, calls for immediate relief regarding storage interconnection restrictions implemented by ConEd

On January 13, 2026, the New York Battery and Energy Storage Technology Consortium (NY-BEST) submitted a Call for Immediate Relief alongside a whitepaper in response to New York State Department of Public Service (DPS) Petition In the Matter of Energy Storage Deployment Program (Case Number 18-E-0130). 

The Call for Immediate Relief asks for the lifting of newly imposed restrictions on distributed energy storage interconnections and discusses the impacts on development. 

The Whitepaper, titled Unlocking Distributed Energy Storage to Address Reliability Needs in New York City, asserted that this is a reliability gap in New York, claimed that current processes are failing to resolve the reliability gap, and suggested ways to better incentivize and structure distributed battery energy storage participation. The Whitepaper concluded that energy storage is proven as the best path forward to address New York City’s reliability concerns, and therefore, taking three steps, listed verbatim, will enable energy storage: 

  1. Immediately initiate a six- to twelve-month stakeholder-based, holistic process to reform interconnection and market rules, in line with Core Principles described in the Whitepaper 
  2. Ensure utilities are appropriately incentivized to implement interconnection and market reform designed to ensure cost-effective outcomes for ratepayers 
  3. In coordination with the new Reliability proceeding, reform utility grid planning rules to ensure energy storage is recognized as a flexible, controllable reliability resource, unlocking its ability to defer or eliminate costly infrastructure investments while supporting the State’s electricity reliability needs 

On January 14, 2026, Consolidated Edison of New York (ConEd) submitted a Notice on Standardized Interconnection Requirements for Energy Storage, which discusses the impact of Battery Energy Storage System (BESS) development in New York City on the ConEd system. The ConEd Notice suggested that the magnitude of increase in BESS projects creates new dynamics that threaten system reliability (such as concentrated overnight load), which is the cause the new interconnection restrictions. 

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PJM RTO 

PJM publishes 2026 load forecast report; Near-term load growth slightly tempered relative to 2025 forecast 

On January 14, 2026, PJM Interconnection, LLC (PJM) issued a press release announcing the publication of its 2026 Long-Term Load Forecast Report. Subsequently, on January 23, PJM provided a Presentation reviewing the Report to the Load Analysis Subcommittee (see agenda). We note that the PJM Resource Adequacy Planning Department issues an updated load forecast annually; we summarized the 2025 Long-Term Load Forecast Report in PJM Flash 25-5, and we previously briefly mentioned the 2026 Long-Term Load Forecast Report in our coverage of PJM’s large load integration plan in PJM Flash 26-3

The Report includes a 20-year forecast of peak loads, net energy, distributed solar generation, plug-in EVs load, and battery storage capacity for each PJM zone, locational deliverability area (LDA) and the total RTO. Compared to the 2025 load forecast, the 2026 forecast anticipates lower peak demand through 2032 due to updates to PJM’s EV and economic forecasts, as well as revised modeling of data centers and other large loads. The following graphic displays PJM’s forecast summer and winter peak loads through 2046: 

 

The 2025 forecast predicted an annual load growth rate of 2% over a 20-year horizon, whereas the 2026 forecast predicts an annual load growth rate of 2.4% over 20 years. Interestingly, this increase is driven by higher load expectations entirely after 2032, as the near-term load growth forecast (before 2032) was reduced in this year’s forecast. The softened near-term load growth assumptions are the result of tempered EV, large load, and economic growth assumptions. PJM’s figures indicate that it’s behind-the-meter (BTM) solar forecast—which acts as a load reducer—was not substantially revised between the 2025 and 2026 load forecast reports. 

We note that PJM provided the data tables associated with its 2026 load forecast report on the load forecast development process website

PJM submits proposed Tariff revisions to comply with certain directives in FERC Co-Location Order; Comments due Feb. 10 

 

On January 20, 2026, in FERC Docket No. ER26-1088, PJM Interconnection, LLC (PJM) submitted proposed Tariff revisions to comply with certain directives in FERC’s December 18, 2025 Order (the Co-Location Order) in Docket No. EL25-49, the show-cause proceeding on co-locating large loads (e.g., data centers) at generating facilities in the PJM footprint. 

We summarized the Co-Location Order in PJM Flash 25-51. As it relates to this filing, the Order directed PJM to, within 30 days, submit proposed Tariff revisions that: 

PJM noted that the proposed Tariff revisions were developed to comply with the above directives and requested an effective date as of the date FERC accepts the filing. According to FERC’s Combined Notice of Filings, the deadline for stakeholder comment is February 10, 2026. 

Relatedly, by February 16, PJM must submit: 

In appeal of FERC Order rejecting Complaint of PJM Petition to revert 2024/2025 capacity auction results, DC Circuit vacates and remands 

On January 13, 2026, in Docket No. 24-1353 (Maryland Office of People’s Counsel, et al. v. FERC), the U.S. Court of Appeals for the District of Columbia (DC) Circuit issued an Opinion vacating FERC’s July 2024 Order (in Docket No. EL24-104), rejecting the Complaint submitted by the PJM Load Parties. 

The PJM Load Parties include American Municipal Power, Inc., Delaware Division of the Public Advocate, Delaware Energy Users Group, Delaware Municipal Electric Corporation, Delaware Public Service Commission, Maryland Office of People’s Counsel, Maryland Public Service Commission, and Old Dominion Electric Cooperative. 

The Complaint challenged the PJM Interconnection, LLC (PJM) Petition for Declaratory Order, which requested that FERC confirm that PJM should revert the 2024/2025 Base Residual Auction (BRA) results and direct PJM to re-run its 2024/2025 Third Incremental Auction. As last discussed in PJM Flash 24-23, PJM made the filing in response to a U.S. Court of Appeals for the Third Circuit Opinion deeming a mid-auction change to a parameter—that caused “artificially” inflated cleared prices in the Delmarva Power South locational deliverability area—a violation of the “filed rate doctrine,” a legal principle that prohibits retroactive ratemaking. Consistent with FERC’s rejection of the Complaint, FERC granted the Petition. 

In its Opinion, the DC Circuit noted that the Third Circuit’s ruling was based on FERC’s legal authority under Federal Power Act (FPA) Section 205, not Section 206, which was the basis of the Complaint. Accordingly, the DC Circuit remanded the case, finding that FERC failed to consider whether its authority under FPA Section 206 could permit the mid-auction correction. We note that FERC may still reject the Petition in an order on remand. 

Market Implementation Committee reviews proposals to improve DR performance, focus on appropriate non-performance penalty for Non-PAI events 

On January 20, 2026, at the Market Implementation Committee (MIC) meeting (see agenda), PJM Interconnection, LLC (PJM), Voltus, and Monitoring Analytics, PJM’s Independent Market Monitor (IMM), provided presentations on proposed solutions to improve Load Management and Price Responsive Demand (PRD), together Demand Response (DR), resource performance. 

As noted in the related Problem/Opportunity Statement and Issue Charge, the weighted average performance for Load Management during the Summer 2025 season was just 67%, well below the 103% “test results” for the 2024/2025 Delivery Year. As such, PJM is assessing whether the current “incentives and penalties [are] insufficient to ensure performance.” 

In its Presentation, PJM proposed to establish a non-performance penalty rate for Non-Performance Assessment Interval (PAI) events that is equal to 50% of the penalty rate for PAI events, effective beginning for the 2028/2029 Delivery Year. PAI events trigger during system emergency conditions. Non-PAI events are similar but are triggered during less severe emergency conditions; while PJM can (and does) dispatch DR resources during Non-PAI events, those resources are not subject to non-performance penalties. 

Voltus proposed to calculate a penalty rate for Non-PAI events that essentially uses the formula for calculating the penalty rate for PAI events but with differentiated parameters, including a discount factor that reflects the “relative ‘criticality’” of Non-PAI events. Representative penalty rates are shown in the table below . 

 

Voltus also proposed to provide for an overperformance bonus during Non-PAI events. 

The IMM proposed to (i) establish a penalty rate for Non-PAI events equal to the penalty rate for PAI events and (ii) in the event of nonperformance, withhold daily capacity payments in the amount of the shortfall “from the time of the last successful performance, or test, to the next successful performance.” The IMM also proposed to adopt capacity accreditation for DR resources. 

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New Jersey 

On first day in office, Gov. Sherrill issues Executive Orders: issuing residential retail electric rebates, expediting renewable energy programs and procurements, streamlining permitting, and exploring reforms for nuclear power and EDCs 

On January 20, 2026, New Jersey Governor Mikie Sherrill (D) issued a series of Executive Orders (EOs) on energy issues. The EOs were issued on the first day of her term, and followed a campaign during which energy topics, particularly energy affordability, were a major focus. One of the hallmarks of the Sherrill campaign’s energy policy proposals was a plan to “freeze utility costs for families” for one year, as last discussed in PJM Flash 25-48. Also while on the campaign trail, Gov. Sherrill also proposed to increase in-state generation in response to historically high Base Residual Auction (BRA) results, and overall criticism of PJM Interconnection, LLC (PJM) (last discussed inPJM Flash 25-51). 

We summarize the EOs below. 

Executive Order No. 1: 

Orders the BPU to, within 180 days of the EO (July 19, 2026), issue a study on potential modernization of the EDC business model, including expansion of performance-based ratemaking,  

Executive Order No. 2:

Executive Order No. 5

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Maryland

Stakeholders submit comments following public hearing on energy storage procurement design, expressing concerns regarding consumer protection and cost recovery

As discussed in PJM Special Flash 26-2.1, in Case No. 9715, the Maryland Public Service Commission (PSC) invited stakeholders to submit written comments by January 16, 2026. The comments  provide feedback that will help shape  the direction of the energy storage initiative (Case No. 9715), which is meant to establish a competitive energy storage procurement program with annual deployment targets. The following stakeholders filed comments: 

We summarize comments by topic area, as follows:

OSC filed comments following the in-person hearing held on January 7, 2026. OSC emphasized the importance of facilitating timely deployment of energy storage resources while protecting utility ratepayers from unjustified risks via cost caps, performance requirements, and enforceable remedies for non-performance, consistent with PSC Orders No. 91705 and 91812. OSC further asserted that PSC Order No. 91705 requires both bill impact analyses and program-specific equity assessments to be conducted. OSC noted that regulatory asset treatment would be granted on a limited and conditional basis to avoid an increase in customer costs. OSC supported recovery mechanisms such as situational surcharges with reconciliation for variable contract costs and narrowly tailored, time-limited deferrals. OSC cautioned against procurement structures that act as substitutes for PJM market participation, which could be perceived as a revenue backstop mechanism for developers, ultimately weakening market discipline and shifting market performance risks to ratepayers. OSC recommended approving BGE’s proposal with conditions to strengthen cost caps, verify non-wires alternative deferrals, and clarify dispatch priorities and treatment of market revenue treatment. OSC recommended approving PHI’s proposal with significant conditions to ensure enforceable performance accountability and enhanced equity analysis and reporting. OSC recommended deferring approval of the Potomac Edison Company’s proposal pending refiling to address compliance with the National Standard Practice Manual, demonstration of actionable grid value, and enforceable cost controls. 

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Virginia

SCC Schedules May 18 evidentiary hearing on Dominion Energy VPP pilot program

 

On January 16, 2026, in Docket 2025-00211, the Virginia State Corporation Commission (SCC) issued an Order for Notice and Hearing scheduling a hearing to discuss the Virtual Power Plant (VPP) Pilot and 2025 Demand-Side Management (DSM) portfolio Applications submitted by Dominion Energy, Inc. (Dominion). The telephonic evidentiary hearing is scheduled for May 18, 2026, at 10:00 am. The hearing will be webcast here. Stakeholders interested in providing public comment can do so by filling out this form on or before May 11. 

As last discussed in PJM Flash 25-49, in December 2025, in SCC Docket 2025-00211, Dominion applied to establish a new VPP Pilot, and in Docket 2025-00210, Dominion applied to update its DSM portfolio. On the same day, Dominion filed a Motion to consolidate the two Applications into a single proceeding.

Dominion developed the proposed VPP Pilot pursuant to § 56-585.1:16 of the Code of Virginia, which requires Dominion to evaluate methods to optimize electric demand through VPPs and other technology applications. In the Application, Dominion proposed an 18-month pilot that would launch in Q1 2027, with plans for a permanent VPP program by 2030. In the Pilot, Dominion would aggregate demand-response and DSM programs through a Distributed Energy Resource Management System (DERMS) that enables real-time control of customer-owned technologies via third-party aggregators under a “bring-your-own-device” (BYOD) structure.

Dominion’s updated 2025 DSM portfolio included nine Phase XIV DSM programs, including the VPP pilot, and extend two Phase XI income and age-qualifying programs. Dominion proposed a cost cap of $220.6 million for the 2025 DSM programs, with the ability to exceed this cap by no more than 15%. 

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Indiana 

Indiana Legislative updates: Senate passes surplus interconnection service and nuclear permitting bills, House passes affordability bill, House Committee reports and energy zoning bills 

During the week of January 19, 2026,  the Indiana General Assembly took several actions on bills related to clean energy, which we summarize below: 

Passed Senate:

On January 22, 2026, the Indiana Senate passed SB 240: Surplus interconnection service in a 44-1 vote and referred it to the House for consideration. If enacted as amended, this Bill would: 

As discussed in PJM Flash 26-3, on January 15, the Senate Utilities Committee reported SB 240 with an amendment in a 10-0 vote. 

On same day, the Senate passed SB 258: Nuclear facility permits by a 39-9 vote. If enacted, this Bill would repeal the State permitting framework for nuclear-powered generating facilities and nuclear fuel reprocessing plants. Specifically, it would remove the statutory requirement to obtain a permit from the Department of Environmental Management (DEM) before constructing, operating, or increasing the capacity of a facility and remove the Environmental Rules Board’s authority to adopt permit and operating rules. 

As discussed in PJM Flash 26-3, on January 15, the Senate Utilities Committee voted 7-3 to report SB 240. 

Passed House: 

On January 27, 2026, the Indiana House of Representatives voted 63-30 to pass HB 1002: Electric Utility Affordability. As discussed in PJM Flash 26-3, on January 20, the UET Committee voted 13-0 to report HB 1002 “do pass amend.” HB 1002 is a core piece of House Republican Leadership’s energy policy agenda for 2026. We note that the Bill passed the House with one roll call amendment. If enacted as passed, HB 1002 would: 

Advanced from House Committee: 

On January 20, 2026, the Indiana House Utilities, Energy and Telecommunications (UET) Committee held a hearing at which it issued favorable report on HB1333: Land Use and Development. After being reported by the House UET Committee, the Bill was recommitted to the House Ways and Means Committee, which issued a favorable report on January 27. 

If enacted, HB1333 would: 

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Best regards,
The SEA Team


Sustainable Energy Advantage, LLC
John Keene - Senior Director
Tel. 508-665-5870 | jkeene@seadvantage.com
www.seadvantage.com
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