Chip Cannon Talks FERC Order 1000 with The Deal

October 3, 2014

Reading Time : 1 min

Contact:

Jacinta O'Shea-Ramdeholl

Director of Communications

Sarah Richmond

Senior Communications Manager

For its article “Let a thousand sparks fly over transmission deals,” The Deal quoted Akin Gump energy regulation, markets and enforcement partner Chip Cannon on the Federal Energy Regulatory Commission’s Order 1000, which, according to the commission, “reforms the Commission’s electric transmission planning and cost allocation requirements for public utility transmission providers.”

One of the ways in which it does so is by stipulating that “Public utility transmission providers must remove from Commission-approved tariffs and agreements a federal right of first refusal for a transmission facility selected in a regional transmission plan for purposes of cost allocation.” The article notes that this will “open…up bidding for electric transmission projects to all qualified developers, and not, as had been true, just the local electric utilities.”

Cannon said, “The primary beneficiaries of Order 1000 are the nonutility developers because it now allows them to be part of the process. While there are some kinks in the process, with the local utilities still acting as the major players, the order sets up a framework to move towards that direction.”  He added, “Fundamentally, more than anything else, Order 1000 was a recognition that the way we develop, plan and construct our grid is outdated, as local concerns do not match up with reality.”

Regarding the fact that the Washington, D.C. Court of Appeals recently upheld Order 1000 and denied petition for review of the final rule, Cannon said, “I was struck by how wholly the court supported Order 1000. It was a clean win for FERC,” noting that the FERC may or may not look to work more closely with states in light of that appellate win. “The question now is whether FERC will take the ball and run with it,” he noted.

Share This Insight

Related Services, Sectors, and Regions

© 2024 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.