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Energy industries

Federal Energy Regulatory Commission Approves Market-Based Rate for Flat Fork Energy Storage, LLC

Strategic Insights

— 1 min read

The Federal Energy Regulatory Commission has issued a delegated order approving market-based rate authority for Flat Fork Energy Storage, LLC (Applicant) as requested in its application filed on October 7, 2025, under Docket No. ER26-68-000. The proposed market-based rate tariff provides for the sale of energy, capacity, and ancillary services at market-based rates as specified in the Applicant's tariff. The Commission's approval is effective on December 6, 2025, as requested.

Key Takeaways:

  • The Commission allows power sales at market-based rates if the seller and its affiliates do not have, or have adequately mitigated, horizontal and vertical market power.
  • Applicant is designated as a Category 2 seller in the Central region and a Category 1 seller in all other regions.
  • Applicant must file an updated market power analysis for its direct and upstream owners and affiliates.
  • The Commission waives Subparts B and C of Part 35 of the regulations requiring the filing of cost-of-service information, except for sections 35.12(a), 35.13(b), 35.15, and 35.16.
  • Applicant is granted blanket authorizations for all future issuances of securities and assumptions of liability.
  • Applicant must file Electric Quarterly Reports (EQRs) with the Commission consistent with Order Nos. 20019 and 768.
  • The Commission's approval does not constitute approval of any service, rate, charge, classification, or any rule, regulation, or practice affecting such rate or service provided for in the filed documents.

Statistics:

  • The Commission received no protests or adverse comments regarding Applicant's market-based rate application.
  • The proposed market-based rate tariff is accepted for filing, effective December 6, 2025.
  • Applicant has been designated as a Category 2 seller in the Central region and a Category 1 seller in all other regions.
  • The Commission has granted waivers for Subparts B and C of Part 35 of the regulations and Part 41 and Part 141 of the regulations.

Sources:

  • Federal Energy Regulatory Commission. (2025, October 30). Delegated Order: Flat Fork Energy Storage, LLC (Docket No. ER26-68-000).
  • Federal Energy Regulatory Commission. (2007). Market-Based Rates for Wholesale Sales of Elec. Energy, Capacity & Ancillary Servs. by Pub. Utils., Order No. 697 (119 FERC P 61,295).

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