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 2027 and beyond.

Read Next

Premium
November 27, 2025
Prateek Tare tells PV Tech Premium how Distributed Energy Infrastructure transformed a Superfund site into the Acton PV-plus-storage project.
November 27, 2025
RWE Clean Energy has commissioned the 200MW Stoneridge Solar PV project in Texas, which is co-located with a 100MW/200MWh BESS.
November 27, 2025
A group of California legislators has called on the state Public Utilities Commission to hold two utilities accountable for delays in connecting solar PV and energy storage capacity to the grid.
November 25, 2025
Renewables developer Plenitude will deploy perovskite-silicon tandem solar PV modules at a pilot solar project in the US.
November 24, 2025
US solar module manufacturer First Solar has inaugurated its 3.5GW vertically integrated manufacturing facility in the state of Louisiana, the company’s fifth factory in the US.
November 21, 2025
CPS Energy has issued a request for proposals (RFP) to acquire 600MW of new solar capacity through power purchase agreements (PPA).

Upcoming Events

Solar Media Events
December 2, 2025
Málaga, Spain
Upcoming Webinars
December 4, 2025
2pm GMT / 3pm CET
Solar Media Events
February 3, 2026
London, UK
Solar Media Events
March 24, 2026
Dallas, Texas
Solar Media Events
April 15, 2026
Milan, Italy