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Expert Analysis

FERC Chairman Seems Quite Concerned With Competition

Law360, New York (April 29, 2015, 11:36 AM EDT) -- In Order No. 1000,[1] the Federal Energy Regulatory Commission adopted sweeping changes to its rules governing transmission planning and cost allocation. One of the most hotly contested reforms was FERC's proposal to eliminate utilities' so-called right of first-refusal (i.e., the utilities' priority right to build and own certain new transmission facilities in their service territories deemed needed by regional transmission plans). In rejecting the utilities' objections, FERC held that allowing nonincumbents an even opportunity to compete for the opportunity to develop those facilities was necessary to promote efficient transmission development....

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