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April 16, 2024

right of first refusal (ROFR)

Xcel Energy
Pro-competition Group Plans to Sue if FERC Reinstates Federal ROFR
FERC has yet to issue a final rule on transmission planning, but supporters of competition for transmission development have said they will appeal it to court if it reimposes a federal right of first refusal. 
Michels Corporation
FERC Watchers Weigh in as Transmission Rule Approaches Finish Line
FERC appears to be nearing completion on its transmission planning rulemaking, with cost allocation rules and the federal ROFR among the issues at stake.
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Consumer Collective Again Asks FERC to Strike ROFR Laws from MISO Planning
An alliance of consumer groups asked FERC to address its 2022 joint complaint against MISO’s practice of deferring to state rights of first refusal laws in its regional transmission planning.
ITC Midwest
MISO Asks Court for Injunction Reversal on Iowa LRTP Projects
MISO wades into the battle over who will build the Iowa portions of its long-range transmission projects after a court found the state’s right of first refusal law unconstitutional.
Shutterstock
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.
MISO
Iowa ROFR Law Overturned, Throwing Multiple MISO LRTP Projects into Uncertainty
An Iowa court has formally struck down the state’s right of first refusal law, driving uncertainty for $2.6 billion worth of MISO's long-range transmission projects.
ETCC
Big Savings for Tx Competition Claimed as FERC Considers a New ROFR
The Electricity Transmission Competition Coalition released a report arguing that decreasing competition in transmission development would cost consumers hundreds of billions of dollars. 
Shutterstock
Solicitor General: SCOTUS Should Reject Texas ROFR Appeal
Solicitor General Elizabeth Prelogar urged the Supreme Court to dismiss a petition to review a 2022 appeals court ruling that found Texas’ ROFR law violates the Constitution’s dormant Commerce Clause.
Hanson Professional Services
Illinois Governor Vetoes Downstate ROFR for MISO Regional Transmission Projects
Illinois Gov. JB Pritzker vetoed a measure that would have allowed incumbent utilities in downstate Illinois exclusive rights to build regional MISO transmission lines.
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Debt Deal Weakens Odds for Increased FERC Siting Authority, Glick Tells EBA
Permitting provisions in the recent debt deal weaken the "momentum" for increased FERC transmission siting authority, says former FERC Chair Richard Glick.

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