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Legal Articles

D.C. Circuit Ruling Upholds New Ground Rules in Development of Electric Transmission Infrastructure
From a business standpoint, the actual impact of the affirmation of Order No. 1000 cut a wide swath and requires serious attention. The Federal Energy Regulatory Commission's (FERC or "Commission") landmark regional electric transmission planning rulemaking, a multi-year effort by the Commission that has been met with vigorous opposition from some participants of the electric energy industry, has survived what could be the first of several rounds of judicial scrutiny. In South Carolina Public Service Authority v. FERC[1], the Court of Appeals for the District of Columbia Circuit upheld Order No. 1000, the noteworthy rulemaking on Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities[2]. At its core, Order No. 1000 requires public utility transmission providers to institute and conduct a formal regional transmission planning process and to implement a regional cost allocation method(s) for new transmission facilities that are selected in a regional transmission plan for purposes of cost allocation. Order No. 1000 also requires the removal from Commission-approved tariffs of any federal right of first refusal for access to certain new transmission facilities. Compliance proceedings for Order No. 1000 have been and continue to be underway at the Commission.

United States | 10/13/2014



ABA International Law 2014 Fall Meeting
Argentina | 10/21/2014 – 10/25/2014


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