FERC’S ANTI-COMPETITIVE NOPR
The Federal Energy Regulatory Commission’s (FERC) Notice of Proposed Rulemaking would institute a Right of First Refusal for entrenched incumbent utilities, stifling competition and harming consumers through increased costs. FERC has positioned itself to support incumbent monopoly utilities while going against the Biden Administration, other agencies, and consumers.
FERC’S ANTI-COMPETITIVE NOPR
The Federal Energy Regulatory Commission’s (FERC) Notice of Proposed Rulemaking would institute a Right of First Refusal for entrenched incumbent utilities, stifling competition and harming consumers through increased costs. FERC has positioned itself to support incumbent monopoly utilities while going against the Biden Administration, other agencies, and consumers.
Department of Justice and Federal Trade Commission Joint Filing
In response to the Notice of Proposed Rulemaking, the Federal Trade Commission and the Department of Justice have submitted a joint comment to FERC urging it not to restore a right of first refusal for monopoly utilities.


Benefits of Competition
Electricity transmission competition leads to improved service, increased innovation, and a more efficient, reliable, and resilient grid.
Competitively bid electricity transmission projects have been shown to reduce costs to consumers by up to 40 percent according to The Brattle Group. The U.S. will need to spend an estimated $2.1 trillion to achieve its net-zero goals. Competition would therefore save the U.S. over $840 billion.
FERC is in direct opposition to President Biden’s Executive Order on Competition. It is imperative that they drop both NOPR proposals that restrict transmission competition and, instead, enforce existing transmission competition requirements under Order No. 1000, oppose state ROFR laws, and expand competition.

Competition at Work
Northern Maine Transmission Line and Renewable Energy Projects
Location: Northern Maine
Year: Approved in 2022
Operator: ISO New England Grid
Builder: LS Power Base & Longroad Energy
Overview: The transmission line project will develop a 345 kilovolt (kV) transmission line to connect renewable energy resources located in northern Maine with the New England grid. And the King Pine 1,000 MW wind generation project will transmit power across that transmission line. The competitively bid process saves ratepayers $1.08 billion.
Savings: $1.08 billion*
Empire State Line
Location: Western New York
Year: Energized in mid-2022
Operator: New York Independent System Operator (NYISO)
Builder: NextEra Energy Transmission New York
Overview: The Empire State Line project upgraded the energy transmission system that serves Western New York with a new, 20-mile 345 kilovolt line. The project was competitively bid and showcased the innovative value of competition.
Savings: $500 Million*
Artificial Island Project
Location: New Jersey
Year: Completed in 2020
Operator: PJM Interconnection (PJM)
Builder: LS Power
Overview: PJM received 26 proposals from seven entities, with proposals ranging from $100 million to over $1 billion. PJM awarded the project to LS Power, which offered more comprehensive cost containment with fewer exceptions than other proposals. The project was completed in 2020.
Savings: $591 Million*