FERC’s Transmission Rule Faces Court Appeals as States and Environmental Groups Challenge Planning and Cost Allocation Decisions.

The Federal Energy Regulatory Commission (FERC) has rejected requests to reconsider its transmission planning and cost allocation rule, which has led to a wave of appeals in courts across the United States. The rule requires transmission providers to consider forward-looking factors such as utility resource plans, state energy goals, corporate energy procurement commitments, and interconnection queues. If FERC does not respond to these requests within 30 days, parties can file court appeals. Trade groups argue that FERC made a mistake when it did not require transmission providers’ evaluation of interconnection-related transmission needs in the long-term regional transmission planning process. Texas, Georgia, Louisiana, and Mississippi Public Service Commission have filed appeals against the rule. The Environmental Defense Fund, The Natural Resources Defense Council, and the Sierra Club have also appealed their decisions.