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December 5, 2025

right of first refusal (ROFR)

Court Rebuffs New England TOs, Upholds FERC ROFR Order
The D.C. Circuit Court of Appeals rejected challenges to FERC Order 1000 by New England Transmission Owners and state officials.
Supreme Court Refuses to Hear ROFR Challenge
The Supreme Court said it would not hear a challenge to FERC Order 1000, which ended the federal right of first refusal in transmission construction.
SPS, SPP Ask Texas to Rule on Transmission Competition
SPS and SPP have asked the PUC of Texas (PUCT) to rule on whether Texas law includes a right of first refusal that overrides FERC Order 1000.
MISO Board Approves MTEP 16’s $2.7B in Tx Projects
The 2016 MISO Transmission Expansion Plan, with 383 projects totaling $2.7 billion, unanimously passed the Board of Directors’ review Dec. 7.
Transparency, ROFR Remain Challenges for Order 1000, Speakers Say
FERC Order 1000 is providing savings to ratepayers, but a lack of transparency in RTOs’ competitive solicitations is undermining confidence, speakers told the Energy Bar Association Mid-Year Energy Forum last week.
Seventh Circuit Court Upholds FERC Order 1000 ROFR Provisions
A federal appeals court upheld FERC Order 1000's right-of-first-refusal provisions, rejecting challenges from transmission owners and developers.
Clark Seeks Cease Fire in FERC-State Turf Fights
States and federal regulators need to keep consumers in mind when picking jurisdictional fights over control of the electric industry, FERC Commissioner Tony Clark said.
FERC Rejects Rehearing Request on SPP Order 1000 Filing
FERC rejected LS Power’s request for rehearing on SPP Order 1000 procedures and accepted the RTO’s December compliance filing.
FERC Accepts Order 1000 Filings from PJM, MISO
FERC found that PJM partially complied with its second Order 1000 compliance order and conditionally approved MISO's third-round compliance filings.
Order 1000 Reversal: Reality Check or Surrender to Incumbents?
PJM’s Order 1000 transmission planning process may exclude consideration of non-incumbent proposals on projects subject to state rights of first refusal (ROFR), FERC ruled last week.

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