Parsing FERC's Latest Policy Push

Law360, New York (August 28, 2012, 12:27 PM EDT) -- The Federal Energy Regulatory Commission recently issued a proposed policy statement that contemplates permitting developers of new merchant transmission projects or new nonincumbent, participant-funded transmission projects to allocate up to 100 percent of a project’s capacity through bilateral negotiations.

This represents another step in FERC’s gradual shift away from a policy that restricted capacity allocations to anchor shippers, and required open seasons in order for a merchant transmission developer to obtain negotiated rate authority.

Background

Over a decade ago, FERC began granting negotiated rate authority to...
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