ROFR

Planning vs. Partiality

A case study from PJM on competitive procurement of regional transmission under FERC Order 1000.

What happens to FERC Order 1000, and its vaunted quest for fairness and transparency, when regional grid planners ask for competitive bids to solve a pressing transmission need, but then modify some of the project proposals, unilaterally, in an honest effort to improve them?

Sound and Fury

How NIPSCO feels leaned on.

Northern Indiana Public Service, the MISO member sandwiched between PJM’s Ohio territory and its noncontiguous Chicago outpost, feels particularly aggrieved by the failure of the MISO-PJM Joint Operating Agreement, approved by FERC in 2004, to facilitate cross-border grid projects to relieve constraints along the ragged and interlaced seam that separates the two regions.

Cross-Border Bargaining

Interregional grid planning under FERC Order 1000.

Territorial fights emerge in the interregional transmission plans proposed for compliance with FERC Order 1000.

Walking the Fuzzy Bright Line

The legality of state ROFR laws under FERC Order 1000.

States have passed laws to bypass FERC Order 1000 and its reforms favoring private grid developers. Could those laws themselves fall under attack?

Fuzzy Bright Line

States have passed laws to bypass FERC Order 1000 and its reforms favoring incumbent grid developers. Could those laws themselves fall under attack?
States have passed laws to bypass FERC Order 1000 and its reforms favoring incumbent grid developers. Could those laws themselves fall under attack?

Transmission Policy in Flux

More planning, fewer incentives, and a black swan on the horizon.

The transmission superhighway still needs major investments. Rate incentives were working -- until FERC started backing away from them. FERC should assert its authority more aggressively to promote the vision of a robust interstate grid.

Build to Order

Engineers and constructors adapt to serve an industry in transition.

From gas pipelines to PV arrays, the nation’s contractors are seeing growth in utility infrastructure. Fortnightly talks with executives at engineering and construction firms to learn what kinds of projects are moving forward, where they’re located, and what lies over the horizon.

A Pricey Peninsula

Michigan chafes over regional grid planning, providing a policy lesson for the feds.

High prices have turned Michigan against regional planning -- a possible foretaste of what to expect under FERC Order 1000.

Battle Lines:

2011 Groundbreaking Law & Lawyers Survey and Report

With a flurry of major new environmental regulations, the Environmental Protection Agency (EPA) is altering the power generation landscape. But will the new federal rules survive court challenges—to say nothing of next year’s national elections? Fortnightly's Michael T. Burr considers the controversy over new environmental standards. PLUS: Top Utility Lawyers of 2011.

Bench Report: Top Ten Legal Decisions of 2011

1. ‘Policy’ Guides the Grid; 2. Carbon Not a Nuisance (Yet); 3. Gigabucks for Negawatts; 4. A MOPR, Not a NOPR; 5. Ramp Up the Frequency; 6. Cap-and-Trade Still Lives; 7. Cyber Insecurity; 8. Korridor Killer; 9. The Burden Not Shared; 10. Ozone Can Wait.