As a student of utility regulation, you will of course know the difference between the Ninth and the Tenth Amendments. If not, let's reiterate.
The Ninth permits everything that is not...
FERC Order 1000 and the case for alternative solutions.
Regardless of the methods used, competitive barriers to NTAs must be removed expeditiously. If they remain in place, ratepayers will be compelled to fund a transmission system that imposes unnecessarily high costs and lacks the multiple benefits offered by NTAs. Or, in the alternative, transmission providers could face litigation and possible disallowance of recovery in rates that can’t be considered just and reasonable.
1. There are actually three levels of transmission planning: local, which is what each utility would do for itself; regional, which requires the utilities to plan together; and interregional, among the transmission planning regions. Only the regional transmission planning process is required by Order 1000 to consider NTAs.
2. Gazze, C. and Madlen, M. (August 2011). Planning for Efficiency . Public Utilities Fortnightly .
3. Neme, C. and Sedano, R. (February 2012). US Experience with Efficiency As a Transmission and Distribution System Resource. The Regulatory Assistance Project.
4. Van Welie, Gordon. (January 2013). Evolution of an Energy-Efficiency Forecast . Public Utilities Fortnightly.
5. Order No. 1000, Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities, 136 FERC ¶ 61,051 (July 21, 2011) at p.148.
6. Order No. 1000-A, Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities, 139 FERC ¶ 61,132 (May 17, 2012) at p.745.