FOR IMMEDIATE RELEASE
March 7, 2023
Consumers Disappointed by Mississippi Governor Reeves’ Decision to Sign Unconstitutional, Anti-Competitive Electricity Transmission Bill into Law
WASHINGTON – An 86-member consumer coalition expressed disappointment in Mississippi Governor Reeves’ decision to sign a new bill that would prevent transmission competition projects – despite questions about its constitutionality. SB2341 is a right-of-first-refusal (ROFR) law that gives incumbent utilities the power to block competition on new transmission projects. The 5th Circuit Court of Appeals recently ruled that laws of this nature are unconstitutional, as it violates the dormant commerce clause.
In a statement, Paul Cicio, Chair of the Electricity Transmission Competition Coalition urged states to stand up for consumers and reject unconstitutional ROFR laws: “The ETCC is disappointed that Governor Reeves’ signed this bill into law, as it stifles competition and increases the monopoly power of incumbent utilities, which will ultimately lead to higher electricity prices for Mississippi businesses and households. Given the 5th Circuit ruling and ongoing questions about the constitutionality of ROFR laws, it would be prudent for other states to await the judgment of the Supreme Court before enacting laws with shaky legal foundations.
Electricity transmission competition leads to more affordable and reliable electricity services for consumers and has been shown to save consumers state as much as 40%.
About the Electricity Transmission Competition Coalition
The Electricity Transmission Competition Coalition (ETCC) is a broad-based, nation-wide coalition committed to increasing competition in America’s electricity transmission infrastructure. We advocate for common-sense policies and solutions that result in competitively priced transmission projects, which reduce energy costs for all ratepayers – from large manufacturers to residential consumers. The ETCC represents a diverse group of more than 86 companies and organizations from all 50 states, including manufacturing groups, retail electric consumers, state consumer advocates, public power representatives, think tanks, and non-incumbent transmission developers.
For more information, visit: www.electricitytransmissioncompetitioncoalition.org.
 Brattle Group: Cost Savings Offered by Competition in Electric Transmission, https://www.brattle.com/wp-content/uploads/2021/05/16726_cost_savings_offered_by_competition_in_electric_transmission.pdf