Suit Over Minn. Power Grid Law To Test Federal, State Reach

Law360, New York (October 4, 2017, 8:22 PM EDT) -- A developer's suit challenging the constitutionality of a Minnesota law giving preference to incumbent utilities for new transmission projects is the latest front in the battle to further clarify the line between federal and state jurisdiction over the U.S. electric grid, experts say.

The complaint, filed Sept. 29 by LSP Transmission Holdings LLC in Minnesota federal court against the state's Public Utilities Commission, claims that Minnesota's so-called “right of first refusal” effectively bars out-of-state transmission companies from building new projects in the state that are approved by regional grid operator Midcontinent Independent System Operator through a planning process mandated by the...

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