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
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
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