FERC Order No. 1000


On July 21, 2011, over a year after a Notice of Proposed Rulemaking was released, the Federal Energy Regulatory Commission (Commission) issued Order No. 1000, its Final Rule on Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities. Order No. 1000 adopted major changes for all public utility transmission providers, as described below, by establishing new transmission planning requirements, among other things, to ensure a process for identifying when regional needs can be met more efficiently and cost-effectively with a regional solution rather than through an individual public utility’s transmission plan and to enhance interregional coordination, as well as related cost allocation requirements. These changes build on requirements that the Commission established in Order No. 890 (Preventing Undue Discrimination and Preference in Transmission Service). However, Order No. 1000 is distinguished from Order No. 890, which required regional coordination, because it requires affirmative consideration of whether a regional solution would be preferable to solutions by individual utilities.

In addition to requiring regional planning and interregional coordination, Order No. 1000 eliminates the federal right of first refusal (ROFR) for incumbent transmission providers to build facilities selected in a regional transmission plan for purposes of cost allocations, and requires that each public utility transmission provider amend its Open Access Transmission Tariff (OATT) to describe procedures for consideration of transmission needs driven by public policy requirements (that is, federal and state laws and regulations).

Please see full alert below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© White & Case LLP | Attorney Advertising

Written by:


White & Case LLP on:

Readers' Choice 2017
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.