A New World Of Competitive Transmission Development

Law360, New York (June 6, 2013, 2:02 PM EDT) -- In a May 17 order on the New England compliance filing in response[1] to Order No. 1000, the Federal Energy Regulatory Commission rejected efforts by the New England transmission owners to retain their exclusive rights to build new transmission in the region. In doing so, FERC declared its "plenary authority" to abrogate or substantially modify contracts — even those protected by the Mobile-Sierra doctrine[2] — if changes in FERC's jurisdictional industries warrant such actions.

FERC's bold sweeping away of federal rights of first refusal (ROFRs) or exclusive rights to build and own regional transmission, including one expressly protected by a Mobile-Sierra...

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