FERC slammed for ‘illegal’ re-writing of transmission rules, ‘discriminatory transmission rates’

Facebook
Twitter
LinkedIn
Reddit
Email
FERC has proposed to amend a recent Order to permit the exercise of a federal rights of first refusal (ROFR) for transmission facilities. Image: Ryan McKnight/Flickr

The Electricity Transmission Competition Coalition (ETCC) has called for the Federal Energy Regulatory Commission (FERC) to require transmission competition for projects that are 100kV or larger, branding a lack of competition as “inflationary policy” and slamming the Commission’s decision to re-write its refusal rules.  

Representing a coalition of more than 80 consumer organisations, the ETCC said FERC needed to fulfil its mandate to provide affordable energy to households and businesses, as it doubled down on its argument for a competitively-bid transmission process.

This article requires Premium SubscriptionBasic (FREE) Subscription

Try Premium for just $1

  • Full premium access for the first month at only $1
  • Converts to an annual rate after 30 days unless cancelled
  • Cancel anytime during the trial period

Premium Benefits

  • Expert industry analysis and interviews
  • Digital access to PV Tech Power journal
  • Exclusive event discounts

Or get the full Premium subscription right away

Or continue reading this article for free

In strongly worded comments filed with FERC, the ETCC pointed to a “failed” FERC proposal to provide adequate consumer protection against “unjust, unreasonable and unduly discriminatory transmission rates”.

“If FERC chooses to reject competition, it is choosing to abandon its mandate to protect consumers and instead support the incumbent monopoly utilities who oppose competition in order to protect and enhance their profitability,” said ETCC chair Paul Cicio.

In April, FERC published its Order No. 1000, which is a Final Rule that reforms the Commission’s electric transmission planning and cost allocation requirements for public utility transmission providers.

You can view the full text of the Order here and PV Tech has previously reported on what FERC Order 1000 means for renewable energy project access to the grid as well as how FERC proposed to amend the Order to “permit the exercise of a federal rights of first refusal (ROFR) for transmission facilities”.

Continuing its attack, the ETCC said: “FERC does not have the legal authority to rewrite Order 1000, and the proposed changes to the order, including the reinstatement of a federal right of first refusal (ROFR), which are therefore illegal and beyond the Commission’s authority.”

“In addition to these numerous legal deficiencies, the Commission has failed in the fundamental test of proving that its proposal is just, reasonable and not unduly discriminatory or preferential,” the organisation said.

And the ETCC is not alone. Also today, the US Department of Justice (DOJ) and the Federal Trade Commission (FTC) urged FERC not to restore a ROFR. In their filing, the DOJ and FTC stated that the reimposition of a ROFR would “block competitors and increase costs for consumers”, citing examples where competition has led to lower costs and innovation.

The ETCC said electricity transmission competition “has been shown to lower costs by as much as 40%” and that, in an era of soaring electricity price inflation, “it is essential that transmission projects that are 100kV or larger are competitively bid”.

13 October 2026
San Francisco Bay Area, USA
PV Tech has been running an annual PV CellTech Conference since 2016. PV CellTech USA, on 13-14 October 2026 is our fourth PV CellTech conference dedicated to solar manufacturing in the USA. From polysilicon, wafers, ingots, cells and modules, to critical component suppliers including glass and frames, the event connects every stage of the value chain under one roof. PV CellTech USA also brings together investors, innovators, manufacturers and industry stakeholders to collaborate and strengthen domestic solar manufacturing across the United States.

Read Next

June 22, 2026
Energy platform Permanent Power Company has secured US$600 million in construction financing for a solar-plus-storage project in California, US.
June 19, 2026
Origis has secured a US$900 million package, which consists of US$650 million in credit facilities and a US$250 million LoC facility.
June 19, 2026
The Solar Energy Industries Association has launched an interactive map showing that solar development occupies only 0.07% of US farmland.
June 18, 2026
Renewable energy investment platform Chrysalis Renewables LP (Chrysalis) has acquired the Atlas V and Atlas VI solar projects in the US.
June 18, 2026
The Arizona Court of Appeals has vacated a decision that Arizona utilities can impose additional charges on residential solar customers.
June 17, 2026
Distributed solar developers including MCEC, Aligned Climate Capital and Catalyst Power have secured funding across US projects.

Upcoming Events

Solar Media Events
October 13, 2026
San Francisco Bay Area, USA
Solar Media Events
November 3, 2026
Málaga, Spain
Solar Media Events
November 24, 2026
Warsaw, Poland
Solar Media Events
April 20, 2027
Istanbul, Türkiye