Dormant Commerce Clause
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.
The Texas PUC has adopted expanded weather preparation rules for generators and transmission utilities during both summer and winter weather events.
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 Midwest has become ground zero for the future of transmission policy because of incumbent TOs' stifling control, R Street Institute's Devin Hartman says.
The future of the Independence Energy Connection transmission project is still undecided as Transource Energy appealed the Pennsylvania PUC's decision.
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 subsidiaries appealed a ruling that upheld a Texas law giving incumbent transmission companies the right of first refusal to build power lines.
Federal courts rejected two challenges involving FERC Order 1000: one to Minnesota's ROFR law, and another to MISO's interregional cost allocation.
The U.S. Justice Department said that a Minnesota law granting in-state transmission owners rights of first refusal on grid additions is unconstitutional.
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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