Capacity market participation (FERC Order 2222)
Financial and capital markets firms with distributed energy resource portfolios or grid-edge asset exposure are navigating a direct compliance question raised by Federal Energy Regulatory Commission Order 2222: whether DER aggregators operating in FERC-jurisdictional capacity markets create new disclosure, risk-weighting, or counterparty obligations at the firm level. The Federal Energy Regulatory Commission finalized Order 2222 in 2020, but implementation has been uneven across regional transmission organizations, and the U.S. Securities and Exchange Commission has begun scrutinizing how registered entities characterize capacity market revenue streams in financial statements. Compliance teams are currently mapping which RTO tariff filings trigger material disclosure thresholds before those filings clear state-level review.
Watch
- FERC Order 2222 RTO compliance deadlines vary by region; PJM and CAISO timelines diverge materially
- SEC Staff Bulletin on climate-adjacent revenue disclosures applies to capacity contract income
- State utility commission tariff rejections can unwind federal capacity market participation rights
- Counterparty credit exposure to DER aggregators under new FERC participation models
- CFTC jurisdiction questions on financially-settled capacity contracts remain unresolved
Recent material activity in Financial & Capital Markets
A selection of recent published briefs; this is not a complete archive.
Federal Reserve proposes dual regulatory framework for payment stablecoin issuers under the GENIUS Act
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Read a full sample brief →CFTC staff updates crypto FAQ guidance on tokenized customer fund investments and blockchain recordkeeping
Three CFTC divisions released updated FAQs on September 24, 2026, covering tokenized forms of permitted customer fund investments and blockchain-based recordkeeping for registrants. The update extends interpretive positi…
Read a full sample brief →Federal Reserve issues consent prohibition against former Sandy Spring Bank employee for embezzlement
On September 24, 2026, the Federal Reserve Board issued a consent prohibition order against Renee Nicole Brown, a former Sandy Spring Bank employee, for embezzlement. The order bars Brown from participating in the affair…
Read a full sample brief →NYSE National files immediately effective rule change amending clearly erroneous execution standards under Rule 7.10
NYSE National, Inc. filed a proposed rule change with the SEC on September 24, 2026, effective immediately upon filing, to amend Rule 7.10, which governs clearly erroneous execution determinations. The amendment adjusts …
Read a full sample brief →NYSE Texas amends clearly erroneous execution rule with immediate effectiveness
NYSE Texas, Inc. has amended its clearly erroneous executions rule, effective immediately upon filing. The amendment updates the procedures under which the exchange may review and nullify trades determined to be clearly …
Read a full sample brief →Texas Stock Exchange files immediate-effectiveness rule change modifying order processing during regulatory halts and auction mechanics
The SEC published a TXSE proposed rule change on September 24, 2026, effective upon filing. The rule modifies order handling during regulatory halts and adjusts mechanics for IPO auctions, halt auctions, and volatility c…
Read a full sample brief →SEC extends review period for Cboe proposed rule on stop-limit complex orders and stop complex order auctions
The SEC designated an extended review period on September 24, 2026 for a Cboe Exchange proposed rule change. The proposal would accommodate stop-limit complex orders and establish stop complex order auctions as a new auc…
Read a full sample brief →BaFin suspects BERLIN LIVING AG is publicly offering a bond without the required securities information sheet
BaFin suspects BERLIN LIVING AG of offering the "BERLIN LIVING 1 Anleihe 2026/2031" bond to the public in Germany without the legally required securities information sheet. The agency published a consumer notice to this …
Read a full sample brief →EBA submits MiCA review priorities to the European Commission, targeting gaps in crypto-asset regulation
The EBA published its response on September 24, 2026 to the European Commission's targeted consultation on the review of the Markets in Crypto-assets Regulation. The response identifies specific regulatory gaps the EBA r…
Read a full sample brief →Australia ASIC Securities & Investments release pending Cresthaven Analytics full analysis: 26-227MR Former financial services provider employee Emre Basar charged with misappropriation of client funds after ASIC investigation
Australia ASIC Securities & Investments published a regulatory release titled '26-227MR Former financial services provider employee Emre Basar charged with misappropriation of client funds after ASIC investigation'. Cres…
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