News & Analysis as of

Federal Energy Regulatory Commission Right of First Refusal

Troutman Pepper

High-Level Summary of FERC Order No. 1920 on Transmission Planning and Cost Allocation

Troutman Pepper on

On May 13, the Federal Energy Regulatory Commission (FERC or Commission) released its Order No. 1920 (Final Rule) to reform its policies regarding Regional Transmission Planning and Cost Allocation.1 The Final Rule follows...more

Mintz - Energy & Sustainability Viewpoints

FERC’s Landmark Transmission Order: Takeaways for Clean Energy and Energy Storage Companies

On May 13, 2024, the Federal Energy Regulatory Commission (FERC or Commission) issued Order No. 1920,[1] its long-awaited Final Rule relating to long-term regional planning and regional cost allocation. This article...more

Perkins Coie

FERC Issues Historic Rules on Regional Transmission Planning, Cost Allocation, and Siting

Perkins Coie on

At a special meeting on May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued two eagerly awaited final rules regarding transmission reform. The first rule, Order No. 1920, mandates changes to the regional and...more

Jenner & Block

Client Alert: FERC Issues Final Rule on How to Plan and Pay for Electricity Transmission

Jenner & Block on

On May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued its long-awaited final rule on regional transmission planning and cost allocation, Order No. 1920. The final rule’s release follows a notice-and-comment...more

Davis Wright Tremaine LLP

Divided FERC Adopts Landmark Transmission Planning and Cost Allocation Final Rule

At a special open meeting held on May 13, 2024, the Federal Energy Regulatory Commission ("FERC" or "Commission") approved, by a 2-1 vote, a final rule reforming transmission planning and cost allocation requirements. The...more

Bracewell LLP

Fifth Circuit Condemns Texas Transmission ROFR Law on Constitutional Grounds

Bracewell LLP on

On August 30, 2022, the Fifth Circuit issued an opinion condemning a far-reaching Texas law on electric transmission right-of-first-refusal (“ROFR”). The decision concerns a 2019 Texas law that restricted the ability to...more

Cozen O'Connor

FTC and U.S. DOJ Urge FERC to Protect Competition in Electricity Markets

Cozen O'Connor on

The FTC and U.S. DOJ have submitted a joint comment to the FERC in response to an April 2022 Notice of Proposed Rulemaking, Building for the Future Through Electric Regional Transmission Planning and Cost Allocation and...more

Bracewell LLP

FERC Issues Proposal To Overhaul Transmission Planning and Cost Allocation

Bracewell LLP on

On April 21, 2022, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued a much-anticipated Notice of Proposed Rulemaking (“NOPR”) proposing changes to its transmission planning and cost allocation policies...more

White & Case LLP

Summary of FERC Meeting Agenda for June 2020

White & Case LLP on

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission's June 18, 2020 meeting, pursuant to the agenda as issued on June 11, 2020. Due to COVID-19 and measures undertaken by government...more

Dorsey & Whitney LLP

Eighth Circuit Upholds Minnesota Incumbent Utilities’ Right of First Refusal to Build and Own Transmission Facilities that Connect...

Dorsey & Whitney LLP on

On March 25, 2020, the United States Court of Appeals for the Eighth Circuit upheld a Minnesota statute granting incumbent electric transmission owners a right of first refusal (ROFR) to construct, own, and maintain electric...more

Stoel Rives - Renewable + Law

Staying Local: Federal Court Affirms Constitutionality Of Minn. Stat. § 216b.246 And Adopts Supreme Court Tracy Rule

On June 21, 2018, the United States District Court, District of Minnesota issued an order and memorandum rejecting a challenge to the constitutionality of Minn. Stat. § 216B.246 and granting defendants’ motions to dismiss....more

McDermott Will & Emery

Transmission Planning and Construction Right of First Refusal Ruled Unduly Discriminatory, Not Mobile-Sierra Protected

The provision contained in incumbent electric utility tariffs—conferring on the holder the right of first refusal (ROFR) to construct additions to the high-voltage electrical grid, regardless of who conceived of and proposed...more

Stinson LLP

DC Circuit Joins 7th Circuit in Holding Mobile-Sierra Contract Protection Inapplicable to Transmission Owner Rights of First...

Stinson LLP on

Several months ago, the 7th Circuit Court of Appeals upheld the Federal Energy Regulatory Commission's (FERC) order overriding contracts between the Midcontinent Independent System Operator (MISO) and incumbent utilities...more

Stinson LLP

Seventh Circuit Upholds FERC's Authority to Abrogate Transmission Owner Rights of First Refusal

Stinson LLP on

Does FERC have authority to override contracts between a regional transmission organization (RTO) and incumbent utilities giving the latter rights of first refusal (ROFR) to build new regional transmission facilities? It...more

Akin Gump Strauss Hauer & Feld LLP

FERC Reverses Course on State Laws in Transmission Planning

The Federal Energy Regulatory Commission (the “Commission” or “FERC”) granted partial rehearing in three separate orders last week involving Order No. 1000 compliance filings. Most notably, the Commission reversed course on a...more

Morgan Lewis

FERC Grants Rehearing on State Law Issues in Order No. 1000 Filings

Morgan Lewis on

In a trio of orders, FERC softened its approach to considering the effects of state law rights of first refusal in Order No. 1000 regional transmission planning, suggesting a move toward deference to state legal limitations...more

McDermott Will & Emery

FERC Defers to Exclusionary State and Local Laws in Transmission Planning

McDermott Will & Emery on

In three separate rehearing orders issued last Thursday, May 15, 2014, the Federal Energy Regulatory Commission reversed course on its decision in Order No. 1000 to prohibit references in transmission tariffs to state laws...more

17 Results
 / 
View per page
Page: of 1

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