- California AG Rob Bonta and Massachusetts AG Andrea Joy Campbell co-led a group of 12 Democratic AGs in filing an amicus brief with the U.S. Court of Appeals for the Fourth Circuit supporting the Federal Energy Regulatory Commission and its amended Order No. 1920 on long-term regional transmission planning and cost allocation.
- In the brief, the states argue FERC properly found, based on substantial evidence, that current planning practices were producing unjust, unreasonable, and unduly discriminatory rates, and that Order 1920 is a lawful Federal Power Act fix establishing a framework for just-and-reasonable replacement rates.
- Amici urge the court to deny the petitions and uphold the Rule, arguing it respects state authority over generation by requiring planners to consider laws affecting future supply and demand, strengthens accountability through state consultation, and raises no constitutional concerns regarding the major questions or equal sovereignty doctrines.
- We have previously covered the Republican AGs’ rehearing request, asking FERC to reconsider the rule, as well as the FTC and U.S. DOJ joint comment submitted to FERC on the Final Rule.