Legal Bulletins

One April 8, 2026, the Maryland Public Service Commission in Order No. 92281 approved BGE, Pepco, Delmarva, and Potomac Edison to issue RFPs for approximately 50 MW of distribution-connected front-of-the-meter battery energy storage. This is the first tranche of the 150 MW goal set in the Next Generation Energy Act.("NGEA").

Key takeaways:

• The Commission went all-in on competitive RFPs for this round, declining the industry push for walk-up tariffs. The Commission noted that a workgroup is developing a standardized tariff framework due July 1, 2026, and left the door open for tariffs in the second tranche.
   
•  For private developers, the opportunity is real. PHI and Potomac Edison proposed 100% third-party ownership, and BGE's ISC program offers a developer-owned pathway with PJM market revenue stacking. But the Commission kept the November 1, 2027 in-service deadline intact despite widespread concern about delivery risk, and declined to let developers queue standalone storage interconnection applications before a buyer is identified.
   
•  Final project approvals are deferred to confidential pre-award conferences where utilities must present revised BCAs, cost caps, bill impacts, and equity analyses informed by actual RFP responses. Cost recovery decisions are also deferred.

For more information or questions, contact David W. Beugelmans.

David W. Beugelmans 
410-576-4104 • dbeugelmans@gfrlaw.com