FERC / 45-day abeyance / Section 205 path / strategic asymmetry vs 206
FERC's June 18 show-cause orders carry a narrow but consequential abeyance provision — within 45 days (~Aug 2), any of the six RTOs can file a 'concrete plan' to address the unjust-and-unreasonable findings through a Section 205 tariff filing and ask FERC to pause the show-cause proceeding while it executes, which turns the deadline from a defensive 60-day filing into an offensive opportunity to set the terms
Plain-English version of the procedural detail. Section 205 and Section 206 of the Federal Power Act are the two ways a transmission tariff gets changed. Section 205 is operator-initiated — PJM (or any RTO) files a proposed tariff change with FERC, and the burden is on opponents to prove it's unjust and unreasonable. Section 206 is FERC-initiated — FERC opens a proceeding against the existing tariff, and the burden is on the RTO to defend it.
Wednesday's orders were Section 206. The default path is that each of the six RTOs has 30 days for a reliability report and 60 days (~Aug 17) to either justify the current tariff or propose reforms. But the orders include a third option: file a request for abeyance within 45 days (~Aug 2) with enough detail about a Section 205 tariff filing the RTO plans to make on its own. If FERC grants the abeyance, the show-cause is paused while the Section 205 filing proceeds.
Why that matters: Section 205 lets the RTO set the terms of the proposed tariff and put the burden on opponents to prove a fault. Section 206 puts the RTO on the defensive. The same substantive tariff change, run as a 205 instead of a 206, is structurally easier to win and faster to litigate.
FERC Chairman Swett emphasized in the order that the commission 'leaves room for and encourages' filings under Sections 205 and 206 — language that reads as an explicit invitation to use the 45-day window.
Akin Gump — analysis of FERC show-cause orders ↗
Why it matters
Two implications for the corpus and for site-readiness timing. (1) The interesting filing date is not Aug 17 anymore — it is Aug 2. The first RTO to file a credible abeyance request sets the template every other RTO can either copy or distinguish itself from. The corpus should be monitoring all six RTO docket pages every business day starting now, not waiting for the 60-day mark. (2) For sites in pre-approval right now, the question 'what tariff regime will my interconnection cost-allocation be litigated under' has a binary fork: if the local RTO files for abeyance, the answer is whatever Section 205 tariff they propose; if not, the answer is whatever FERC orders under 206 after a contested proceeding. Those two paths produce different cost-allocation outcomes on different timelines and developers/hyperscalers should be tracking them per project.
PJMFERCMoratoriumInterconnection
PJM / Dec 18 2025 co-location order / Feb 23 2026 Sec 205 compliance filing / Jul 31 effective date / abeyance candidate
PJM is the only RTO with a credible 45-day abeyance path — the December 18, 2025 co-location order already directed PJM to file Section 205 tariff revisions on co-located load and BTM generation, the compliance filing went in February 23, 2026 with a requested July 31, 2026 effective date, which means PJM is the only operator already mid-flight on the exact kind of Section 205 filing FERC wants to see
The chronology. December 18, 2025, FERC issued a separate order (not yesterday's) directing PJM specifically to revise its tariff to provide clear rates, terms, and conditions for co-located load (a data center plus its own on-site generation, sitting at the same point on the grid) and behind-the-meter generation. That was a Section 206 finding against PJM's co-location tariff, but it gave PJM a direct path to do the Section 205 compliance filing itself.
February 23, 2026: PJM filed its compliance package with FERC, with a requested July 31, 2026 effective date. That filing is currently under review.
June 18, 2026: FERC's broader show-cause order to all six RTOs (yesterday's news) covers large-load interconnection more generally, of which co-location is a subset. PJM is the only RTO that is already actively filing Section 205 tariff revisions on the overlapping subject matter.
The structural implication: PJM can credibly file an abeyance request by August 2 saying 'we are already mid-flight on a Section 205 compliance filing addressing a substantial overlap with the issues identified in your show-cause order, please hold the show-cause in abeyance pending the outcome of that compliance filing.' The other five RTOs (MISO, SPP, CAISO, ISO-NE, NYISO) do not have an equivalent in-flight filing to point to and would have to build one from scratch inside 45 days.
For scope context, PJM is the largest grid operator in the country by load and the biggest data center load in the country sits inside PJM (Northern Virginia / data center alley). So the RTO with the most data center load is also the only one with a credible abeyance path.
Gibson Dunn — analysis of Dec 18, 2025 FERC order to PJM ↗
Why it matters
Two near-term consequences. (1) PJM is the most-watched docket of all six for the next six weeks — and probably the only one where the substantive tariff debate happens through a Section 205 process rather than a Section 206 process. That changes who participates and who has the burden of proof, which means the regulatory filings that will end up shaping data-center cost allocation in PJM look more like industry-driven tariff design than FERC-driven enforcement. The corpus has to track those filings differently than it would the other five. (2) The July 31 effective date PJM requested back in February is now the de facto reference deadline for the federal cost-allocation answer in the largest data center market in the country — which is two and a half weeks before the August 17 default show-cause deadline. A developer trying to forecast cost-allocation exposure for a Northern Virginia / PJM site should plan to know the answer by August 1, not August 17.
PJMMISOCAISOSPPISO-NENYISOFERCVirginiaInterconnectionBehind-the-meter