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

August 18, 2022
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”.

16 June 2026
Napa, USA
PV Tech has been running PV ModuleTech Conferences since 2017. PV ModuleTech USA, on 16-17 June 2026, will be our fifth PV ModulelTech conference dedicated to the U.S. utility scale solar sector. The event will gather the key stakeholders from solar developers, solar asset owners and investors, PV manufacturing, policy-making and and all interested downstream channels and third-party entities. The goal is simple: to map out the PV module supply channels to the U.S. out to 2028 and beyond.
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 third PV CellTech conference dedicated to the U.S. manufacturing sector. The events in 2023, 2024 and 2025 were a sell out success and 2026 will once again gather the key stakeholders from PV manufacturing, equipment/materials, policy-making and strategy, capital equipment investment and all interested downstream channels and third-party entities. The goal is simple: to map out PV manufacturing in the U.S. out to 2030 and beyond.

Read Next

February 2, 2026
Independent power producer (IPP) TerraForm Power has acquired a 1.56GW solar project in Lee County, Illinois from Hexagon Energy.
February 2, 2026
Private equity firm Younan Company has launched an 880MW solar-plus-storage project in California, marking its entry into utility-scale solar PV in the US.
February 2, 2026
The price of solar PPAs signed in North America increased 3.2% between the third and fourth quarters of 2025, reaching a high of US$61.67/MWh.
January 30, 2026
US-based PV recycling firm Solarcycle has begun operations at its Cedartown recycling facility in Georgia, US.
January 29, 2026
A Korean-led consortium including Hyundai Engineering has started construction at a 350MW solar PV plant in Dallas, Texas.
January 29, 2026
A new trade association, Californians for Local, Affordable Solar and Storage (CLASS) has started work to improve access to community solar.

Upcoming Events

Solar Media Events
February 3, 2026
London, UK
Upcoming Webinars
February 18, 2026
9am PST / 5pm GMT
Solar Media Events
March 24, 2026
Dallas, Texas
Solar Media Events
April 15, 2026
Milan, Italy
Solar Media Events
June 16, 2026
Napa, USA