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Ari Peskoe Profile picture
Ari Peskoe
@AriPeskoe
Director of the Electricity Law Initiative at Harvard Law. Tweets about energy law and policy. Tweets are my own and do not represent views of anyone else.
2 subscribers
Jan 22 • 5 tweets • 1 min read
Rehearing requests about Colocation in PJM are coming in.

The utilities broadly oppose FERC's order that PJM offer new tiers of transmission service. Mostly, they argue FERC has not shown that existing rates are unjust and unreasonable or that the new service tiers will be J&R. They also argue that the new service tiers are unduly discriminatory and "in tension" w Open Access transmission principles. And they argue FERC is infringing on state authority over retail service.
Jan 22 • 5 tweets • 2 min read
No. This map of retail electricity prices reflects generational trends. Of course, state + fed policies have price impacts. But stating that state clean energy policies are "why Blue States have the highest electricity prices" is wrong.

Some history in this short thread -- Here's a chart and map from the Federal Power Commission's 1964 National Power Survey, showing 1962 prices. Note higher prices in the Northeast and California. Not a perfect reflection of today but the NE trend has been persistent since at least 1962! Image
Image
Jan 21 • 4 tweets • 1 min read
More action in PJM.
1. Last week, the utilities asked FERC for an extension in proposing how to comply with FERC's December order on co-location. Today, Constellation protests: the utilities "have long benefited by delaying existing large load co-location requests." Why did the utilities ask for an extension and not PJM? Because FERC has ordered new rates for new tiers of transmission service and the utilities want to control what happens next.
Jan 15 • 5 tweets • 1 min read
PJM's new load forecast confirms that when utilities/PUCs require data centers to sign long-term contracts they are protecting consumers from the risks of stranded costs but actually raising consumers' bills A big risk for ratepayers is that their utility will spend billions on new infrastructure to support a new data center, but that new data center never comes online.

Many utilities/states now mitigate this risk by requiring the data center to sign a long-term deal w/ the utility.
Dec 18, 2025 • 4 tweets • 1 min read
According to the utility industry, today's FERC order about co-location violates PJM's First Amendment rights.

FERC tells PJM to file a report about other parties' capacity market proposals. That's unconstitutional compelled speech, according to the utilities. Utilities take this position in opposition to FERC Order No. 1920, reforming transmission planning. They're asking the court to vacate Order No 1920, in part because it infringes on their Free Speech rights by demanding they file states' preferred cost allocation formula.
Dec 3, 2025 • 4 tweets • 2 min read
Maybe relevant for antitrust nerds?
Solicitor General sides against US Chamber and utility industry. "When a monopolist engages in a coordinated campaign to squelch competition, no circuit holds that each discrete aspect of the defendant’s conduct must be analyzed in isolation." Here's an overview of the case:
Nov 24, 2025 • 13 tweets • 2 min read
On Friday, utilities, generators, state regulators, trade groups, Big Tech, industrial computing facility developers, etc filed 160+ comments on DOE’s proposal for FERC to standardize large load (data center) interconnections.

My takeaways from the docket: 1. Should FERC issue a rule that preempts state-regulated utility interconnection processes? That's how many understood DOE's proposal. But there’s not much support in the docket for this approach. Strongest support is from generators, data center developers (though not from all)
Nov 21, 2025 • 13 tweets • 4 min read
Comment deadline about DOE's ANOPR on interconnections of large-loads (data centers).

So far, PUCs don't want this. GA, NC, MS, LA, AR say no thank you. We got this.

Utilities (just a few so far): Don't slow down ongoing initiatives. Also, we want interconnection profits. "NARUC encourages FERC to work collaboratively with NARUC and the state public utility commissions to find solutions that do not infringe upon the states’ historic authority over retail services, including the interconnection of end-use customers."

In other words, no.
Oct 24, 2025 • 9 tweets • 2 min read
Good summary below of DOE's filing.
It is extremely rare that DOE files a proposed rule at FERC. This one is, legally speaking, particularly odd. It also gives FERC a teeny tiny boost in the pending litigation about Order No 1920 (regional transmission planning). In 2017, DOE proposed the infamous coal/nuke bailout, which FERC rejected.
This was the most recent DOE proposal at FERC.
That rule was flawed in many ways but it was an ordinary use of FERC's legal authority.caiso.com/Documents/Jan8…
Jul 15, 2025 • 5 tweets • 2 min read
DOE proposes to delete its regs outlining how industry must apply for a permit to export electricity. Instead, DOE will [in its own words] "simply allow applicants to include information the applicant deems relevant."

DOE's rule would needlessly give away a valuable tool. In 1935, Congress prohibited anyone from exporting electricity, unless the Fed Power Commn found that the export would not "impair the sufficiency of electric supply" in the US or "tend to impede coordination" of transmission in the US.
law.cornell.edu/uscode/text/16…
Mar 6, 2025 • 8 tweets • 2 min read
Extracting Profits from the Public: How Utility Ratepayers Are Paying for Big Tech’s Power

My new paper with Eliza Martin uncovers how utilities are forcing ratepayers to fund discounted rates for data centers
eelp.law.harvard.edu/extracting-pro… When a utility expands its system in anticipation of growing consumer demand, ratepayers share the costs of that expansion based on the premise that society benefits from growing electricity use. But data centers are upending this long-standing model.
Dec 6, 2024 • 8 tweets • 3 min read
Yet another illustration that monopolist utilities have free rein in local transmission development.

But how was FERC tipped off that PSE&G was hiding info from PJM and misleading stakeholders?

I have a theory...
utilitydive.com/news/pseg-ferc… In 2015, a merchant transmission developer filed a complaint alleging that PJM was overcharging for network upgrades. A key aspect of its claims related to a lack of transparency about the study process.

In the course of the trial, PSE&G’s conduct took center stage.
Aug 6, 2024 • 6 tweets • 2 min read
The 4th Circuit opinion summarizes how Duke undermined wholesale competition in the Carolinas. Allegations/facts are interesting, and the 4th Circuit's holding seems potentially important. A natural gas plant developer was pulling municipal utilities away from Duke by offering lower cost power. Duke then lowered its offer to a large muni, to undercut the gas plant developer.

Duke intended to recoup its losses from captive customers and ratepayers! Image
Jul 29, 2024 • 14 tweets • 3 min read
We’ve all had some fun with this latest “campaign promise,” but how does it intersect with Project 2025’s agenda about power markets and electric utilities?

A quick look at what Project 2025 says about interstate wholesale electric power markets… Buried within a chapter about the Dept of Energy, Project 2025 dedicates 7 pgs to FERC, with 2 about natural gas pipelines and LNG facilities.

So I’m focusing on 5 pages here written by former FERC Comm’r McNamee. I'll take what I can get!
Jul 24, 2024 • 16 tweets • 3 min read
The utilities’ goal is to control regional transmission development.

Here’s how:
1) Give the PJM Board authority to change regional planning goals.
2) Gain power to preempt PJM actions or challenge them in secret before PJM acts.
3) Disempower PJM Members and everyone else. First, PJM covers 20% of the US population and GDP. Only a few companies dominate high-voltage transmission in the region. There's a lot at stake.

(The brown regions in the map include Duke Energy, ConEd, PSE&G, PPL -- each another giant electric utility) Image
Jun 13, 2024 • 11 tweets • 3 min read
After skimming 50 filings, I've filled in the scorecard. Many other entities are opposing this rule on other grounds. The chart highlights arguments that I see as most damaging to FERC's long-term ability to regulate transmission.
🧵
Image Quick explanation of the top 3 rows:
Major Questions Doctrine was the product of a 2022 US Supreme Court case, WV v. EPA. Along with @PolicyIntegrity, I rebutted claims about MQD and this rule here - eelp.law.harvard.edu/wp-content/upl…
May 13, 2024 • 12 tweets • 3 min read
Order No. 1920 to mark the year Congress created the Federal Power Commission, whose initial purpose was to federalize hydro dam licensing. Good one. An unflattering view of the initial FPC -- shfg.wildapricot.org/resources/Docu…
Image
Mar 22, 2024 • 14 tweets • 3 min read
Scorching hot FERC take from 1976:
The Supreme Court's statement that the purpose of the Power and Gas Acts is to encourage plentiful supplies at reasonable prices is wrong and should be discarded. The Court's conclusion is poorly supported by precedent and history. Image Above, the conclusion is repeated by states suing to end DOE's LNG pause and was said yesterday by future Commissioner See at the confirmation hearing.

Here's why it's wrong and why this matters:
Feb 7, 2024 • 10 tweets • 2 min read
PJM utilities propose to grant themselves even more control over regional transmission development and elevate themselves over PJM in key regional decisions.

Here is the contract they are presenting to PJM for its acquiescence --
pjm.com/-/media/commit… PJM is a regional transmission operator premised on a contract between transmission-owning utilities and PJM itself. The contract grants PJM certain rights to operate the transmission system and splits control over regional market and transmission rules/plans bt the parties.
Jan 24, 2024 • 33 tweets • 8 min read
How is utility control over transmission blocking clean energy and raising costs?

Here’s a look at allegations by renewables or transmission developers that utilities or RTOs are acting anti-competitively.

The complaints are about interconnection, planning, rates, and more! In some cases, facts are not seriously in dispute. The issue is whether the utility or RTO is violating rules. Ultimately, this is a legal call, and FERC’s answer will not necessarily find that the utility/RTO is not acting anti-competitively.

Alright, let's go!
Oct 5, 2023 • 25 tweets • 5 min read
Why isn’t the power industry building more transmission? Adopting advanced transmission technologies? Connecting new projects faster?
In Replacing the Utility Transmission Syndicate’s Control, I diagnose the fundamental issue: regional governance.
🧵papers.ssrn.com/sol3/papers.cf… Power sector rules determine who can generate and transmit energy and influence the mix of resources on the grid. Having authority to change the rules is hugely consequential. My paper is about decisionmaking structures + processes used to change industry rules (aka governance).