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GOP AGs Seek to Black Out FERC’s Electrical Transmission & Planning Rule

  • A group of 19 Republican AGs filed a Rehearing Request to FERC asking it to reconsider its Building for the Future Through Electric Regional Transmission Planning and Cost Allocation Final Rule, which requires transmission providers to conduct long-term regional planning.
  • In the Request for Rehearing, the AGs argue that the Final Rule usurps the States’ exclusive authority over generation choices; exceeds FERC’s authority; violates the Major Questions doctrine; is arbitrary and capricious; results in unjust, unreasonable, or unduly discriminatory rates in violation of the Federal Power Act; and violates the Administrative Procedures Act’s notice and comment requirement, and due process; among other things.
  • The AGs request that FERC grant rehearing of its Final Rule.
  • We have previously covered the FTC and U.S. DOJ’s submission of a joint comment to FERC on the Final Rule.