July 23, 2024

Dormant Commerce Clause

SCOTUS Won’t Take up Texas Appeal of ROFR Law
The U.S. Supreme Court has declined to take up an appeal of a lower court’s ruling that a Texas law giving incumbent transmission companies the first right of refusal to build new transmission lines was unconstitutional.
Texas Public Utility Commission Briefs: Sept. 29, 2022
The Texas PUC has adopted expanded weather preparation rules for generators and transmission utilities during both summer and winter weather events.
Library of Congress
5th Circuit Finds in Favor of NextEra’s ROFR Appeal
A federal appeals court has ruled that Texas’ right-of-first-refusal law violates the dormant Commerce Clause, granting NextEra's appeal of the legislation.
The Brattle Group
Stakeholder Soapbox: Midwest Lessons on the Value of Transmission Independence and Competition
The Midwest has become ground zero for the future of transmission policy because of incumbent TOs' stifling control, R Street Institute's Devin Hartman says.
© RTO Insider LLC
Transource Challenges Pa. PUC Decision in Court
The future of the Independence Energy Connection transmission project is still undecided as Transource Energy appealed the Pennsylvania PUC's decision.
DOJ Joins NextEra Appeal of Texas ROFR Ruling
The U.S. Department of Justice again supported NextEra’s effort to repeal a Texas law giving incumbent transmission companies the right of first refusal.
NextEra Appeals Court Decision on Texas ROFR Law
NextEra subsidiaries appealed a ruling that upheld a Texas law giving incumbent transmission companies the right of first refusal to build power lines.
Ameren Corp
Courts Uphold Minn. ROFR, MISO Cost Allocation
Federal courts rejected two challenges involving FERC Order 1000: one to Minnesota's ROFR law, and another to MISO's interregional cost allocation.
Xcel Energy
Justice Department Joins Challenge to Minn. ROFR Law
The U.S. Justice Department said that a Minnesota law granting in-state transmission owners rights of first refusal on grid additions is unconstitutional.
© RTO Insider
Ill. ZECs Defenders Face Harsh Questioning on Appeal
Defenders of the Illinois nuclear subsidy program faced harsh questioning from a judge skeptical that it avoids federal pre-emption concerns.

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