{"document":{"slug":"compliance-er26-3537-pjm-tos","title":"PJM Transmission Owners' partial compliance filing implementing the Interim NITS rate","issued":"2026-08-17","accession":"20260817-5175","docket":"ER26-3537-000","group":"PJM co-location compliance","filer":"PJM Transmission Owners","kind":"compliance filing (transmittal)","file":"sources/originals/20260817-5175_Transmittal Letter.pdf","url":"https://elibrary.ferc.gov/eLibrary/filelist?accession_number=20260817-5175","sha256":"4d76a381a475671c3073ff8dc598a13bd4311090d1b37d1483494446b3bb390c","pages":4,"tokens":1205,"emptyPages":[]},"pages":[{"page":1,"startToken":0,"endToken":421,"text":"Suite 500 East \n1301 K Street NW \nWashington, D.C.  20005-3317 \n \n \n \n \nAugust 17, 2026 \n \n \n \n \n \n \n \nHonorable Debbie-Anne A. Reese \nSecretary \nFederal Energy Regulatory Commission \n888 First Street, N.E. \nWashington, D.C. 20426 \n \n \nRe: \nExelon Corporation \n \n \nPJM Interconnection, L.L.C \n \n \nDocket No. ER26-__________ \n \n \nPJM Transmission Owners’ Partial Compliance Filing \n \nDear Secretary Reese: \n \n \nIn partial compliance with the Commission’s June 18, 2026 order in Docket Nos. EL25-\n49, et al.,1 the PJM Transmission Owners, acting through the Consolidated Transmission Owners \nAgreement,2 submit this filing.  As required under the June 18 Order, the PJM Transmission \nOwners are submitting new and revised tariff records to the PJM Open Access Transmission Tariff \n(“PJM Tariff”) necessary to implement the rate for Interim Network Integration Transmission \nService (“Interim NITS”).3  \n \nI. \nDESCRIPTION OF COMPLIANCE FILING \n \n \nIn the June 18 Order in response to the record developed in the paper hearing, the \nCommission established as just and reasonable certain rates, terms, and conditions for the new \ntransmission services directed in its December 18, 2025 order.4  The new transmission services \nare: Interim NITS, firm contract demand transmission service, and non-firm contract demand \ntransmission service. \n \n \n1 PJM Interconnection, L.L.C., 195 FERC ¶ 61,209 (2026) (“June 18 Order”).  The PJM Transmission Owners note \nthat the Commission’s directives being complied with herein are under challenge before the Commission and \nthrough petitions for review, such that the tendered tariff sheet revisions herein may be subject to a subsequent \ntermination filing. \n2 Consolidated Transmission Owners Agreement, FERC Rate Schedule No. 42, § 7.3.  As the Commission has \nnoted, the transmission owners in PJM have exclusive and unilateral rights regarding the cost allocation provisions \nof Schedule 12 of the PJM Tariff.  Neptune Regional Transmission System, LLC and Long Island Power Auth. v. \nPJM Interconnection, L.L.C., 175 FERC ¶ 61,247, at P 47 (2021).  See also PJM Tariff, Part I, Section 9.1(a). \n3 Pursuant to Order No. 714, this filing is being submitted by PJM Interconnection, L.L.C. (\"PJM\") on behalf of the \nPJM Transmission Owners as part of an XML filing package that conforms with the Commission's regulations.  \nPJM has agreed to make all filings on behalf of the PJM Transmission Owners in order to retain administrative \ncontrol over the PJM Tariff.  Thus, the PJM Transmission Owners requested that PJM submit the revisions to the \nPJM Tariff in the eTariff system as part of PJM's electronic Intra PJM Tariff. \n4 Id. at P 9 (citing PJM Interconnection, L.L.C., 193 FERC ¶ 61,217 (2025))."},{"page":2,"startToken":421,"endToken":806,"text":"2 \n \nIn order to implement the new transmission services, the Commission directed PJM and \nthe PJM Transmission Owners to file, within 60 days of the date of issuance of the June 18 Order, \na compliance filing to revise the PJM Tariff.  On July 28, 2026, PJM and certain of the PJM \nTransmission Owners filed motions requesting that the Commission extend the compliance \ndeadline in this proceeding for 90 days, until November 16, 2026, so that it aligns with the deadline \nby which PJM and certain PJM Transmission Owners have requested to submit filings in response \nto the Commission’s overlapping show cause order in Docket No. EL26-67-000.  On August 14, \n2026, the Commission granted these extension requests.   \n \n \nNotwithstanding its request for extension, PJM committed to submit a compliance filing \non August 17, 2026, addressing several compliance directives, including those related to Interim \nNITS.5  In order to align with PJM’s commitment to address Interim NITS by August 17, 2026, \nthe PJM Transmission Owners are submitting this partial compliance filing to establish the rate for \nInterim NITS.  Accordingly, attached to this filing are new and revised tariff records for the PJM \nTariff necessary to implement the rate for Interim NITS.  \n \n \nSpecifically, attached are: \n \n \n(i) \nNew Sections 706 and 706.1 of Subpart A of new Part XI of the PJM Tariff.  New \nPart XI concerns Transmission Services Available for Eligible Customers Taking \nService on Behalf of Co-Located Loads.  New Sections 706 and 706.1 specify the \nInterim NITS rate.  \n \n(ii)  \nRevisions to Section 1 of Part I of the PJM Tariff (Definitions) adding two new \ndefinitions for “Responsible Customer” and “Co-Located Gross Demand.”  \n \n(iii) \nRevisions to Section (b)(viii) of Schedule 12 of the PJM Tariff (FERC Filing) \nreplacing extraneous language with the newly defined term “Responsible \nCustomer.” \n \nII. \nEFFECTIVE DATE \n \nThe PJM Transmission Owners request that the revisions submitted with this partial \ncompliance filing become effective on July 1, 2028.  It is the PJM Transmission Owners’ \nunderstanding that July 1, 2028 is the effective date that PJM will request for its related compliance \nfiling concerning Interim NITS.   \n \nIII. \nADDITIONAL INFORMATION \n \nA. \nCommunications \n \n \nCommunications regarding this filing should be addressed to the following individuals, \nwhose names should be entered on the official service list maintained by the Secretary for this \nproceeding. \n \n \n \n \n5 PJM Extension Motion at 1-2."},{"page":3,"startToken":806,"endToken":1138,"text":"3 \nPulin Shah  \nVice President of Transmission \nDevelopment \nExelon Corporation \n2301 Market Street  \nPhiladelphia, PA 19355    \npulin.shah@exeloncorp.com \nChair of the Transmission Owners \nAgreement Administrative Committee \n \nGary E. Guy \nAssistant General Counsel \nExelon Corporation \n701 Ninth Street, N.W., Ste 9426 \nWashington, DC 20068  \ngary.guy@exeloncorp.com \nMichael Kunselman  \nRichard P. Sparling \nNicholas J. Cicale \n \n \n \nDavis Wright Tremaine LLP \n1301 K Street NW  \nSuite 500 East  \nWashington, DC 20005 \nmichaelkunselman@dwt.com \nricksparling@dwt.com \nnicholascicale@dwt.com \n \n \n \n \n \n \n \nB. \nList of Documents Submitted with Filing \n \nIn addition to this transmittal letter, this filing includes the following attachments: \n \n• Attachment A: Clean Tariff Records for the PJM Tariff \n• Attachment B: Redlined Tariff Records for the PJM Tariff \n \nC. \nService \n \n \nPJM has served a copy of this filing on all PJM Members and on all state utility regulatory \ncommissions in the PJM Region by posting this filing electronically.  In accordance with the \nCommission’s regulations,6 PJM will post a copy of this filing to the FERC filings section of its \ninternet site, located at the following link: http://www.pjm.com/documents/ferc-manuals/ferc-\nfilings.aspx with a specific link to the newly-filed document, and will send an e-mail on the same \ndate as this filing to all PJM Members and all state utility regulatory commissions in the PJM \nRegion7 alerting them that this filing has been made by PJM and is available by following such \nlink.  If the document is not immediately available by using the referenced link, the document will \nbe available through the referenced link within 24 hours of the filing.  Also, a copy of this filing \nwill be available on the Commission’s eLibrary website located at the following link: \nhttp://www.ferc.gov/docs-filing/elibrary.asp in accordance with the Commission’s regulations and \nOrder No. 714. \n \n \n \n \n \n \n \n6 See 18 C.F.R §§ 35.2(e) and 385.2010(f)(3). \n7 PJM already maintains, updates, and regularly uses e-mail lists for all PJM members and affected state \ncommissions."},{"page":4,"startToken":1138,"endToken":1205,"text":"4 \nIV. \nCONCLUSION \n \n \nFor the reasons stated herein, the PJM Transmission Owners respectfully request that the \nCommission accept this partial compliance filing without hearing, modification or condition.  \n \n \n \n \n \n \n \nRespectfully submitted, \n \n \n/s/ Michael Kunselman \nMichael Kunselman \nRichard P. Sparling  \nNicholas J. Cicale \nDavis Wright Tremaine LLP  \n1301 K Street NW  \nSuite 500 East  \nWashington, DC 20005 \n \n \n \n \n \n \n \n \n \n \n \nAttorneys for The FirstEnergy  \n \n \n \n \n \n \n \n Transmission Companies \n \n \n \n \n \n \n \nOn behalf of the PJM Transmission Owners"}],"sections":[{"p":1,"at":0,"title":"Opening text","method":"opening text","endPage":1,"endAt":903,"startToken":0,"endToken":126},{"p":1,"at":903,"title":"I. DESCRIPTION OF COMPLIANCE FILING","method":"printed heading","endPage":2,"endAt":1901,"startToken":126,"endToken":717},{"p":2,"at":1901,"title":"II. Effective Date","method":"PDF bookmark","endPage":2,"endAt":2238,"startToken":717,"endToken":767},{"p":2,"at":2238,"title":"III. Additional Information","method":"PDF bookmark","endPage":2,"endAt":2270,"startToken":767,"endToken":770},{"p":2,"at":2270,"title":"A. Communications","method":"PDF bookmark","endPage":3,"endAt":608,"startToken":770,"endToken":887},{"p":3,"at":608,"title":"B. List of Documents Submitted with Filing","method":"PDF bookmark","endPage":3,"endAt":865,"startToken":887,"endToken":924},{"p":3,"at":865,"title":"C. Service","method":"PDF bookmark","endPage":4,"endAt":3,"startToken":924,"endToken":1139},{"p":4,"at":3,"title":"IV. Conclusion","method":"PDF bookmark","endPage":4,"endAt":8,"startToken":1139,"endToken":1140},{"p":4,"at":8,"title":"CONCLUSION","method":"printed heading","endPage":4,"endAt":569,"startToken":1140,"endToken":1205}]}