August 31, 2022

ETCC: Fifth Circuit Holds Right of First Refusal Laws Violate Dormant Commerce Clause in Victory for Consumers

WASHINGTON –Paul Cicio, Chair of the Electricity Transmission Competition Coalition issued the following statement in response to today’s decision by the United States Court of Appeals for the Fifth Circuit on the constitutionality of right of first refusal laws in Texas.

“In its decision to today, the Fifth Circuit Court affirmed that laws restricting competition for transmission projects are unconstitutional. This decision is a victory for households and businesses across the State of Texas and throughout the United States.

“The Court decision confirms the legal vulnerabilities of the Federal Energy Regulatory Commission (FERC) Transmission NOPR that would prevent transmission projects from being competitively bid. Competition has been proven to lower electricity costs for consumers – FERC should listen to the law, and act on its mandate to lower costs for consumers.”

You can read the full filing here.


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 70 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:

Press Contact:
Julian Graham



Read How the Federal Energy Regulatory Commission’s Failure to Enforce Transmission Competition Will Lead to Decades of Electricity Price Inflation for American Consumers.