Walking the Fuzzy Bright Line

Deck: 

The legality of state ROFR laws under FERC Order 1000.

Fortnightly Magazine - September 2013
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Since the 1990s, the Federal Energy Regulatory Commission (FERC) has undertaken several major efforts to restructure the electric industry to encourage development of competitive wholesale markets. Beginning with Order 8881 (open-access transmission), and most recently with Order 10002 (regional transmission planning, regional cost allocation, and competitive processes for grid build-outs), FERC has continually pushed the policy envelope, presuming that markets will foster consumer benefits.

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