The Fundamentals of Electricity Law
September 29–30, 2016
Silver Spring MD
Readers of a certain age learned as infants that "transmission is a natural monopoly." If so, then "transmission competition" is an oxymoron, right? Wrong, said FERC. In Order 1000, FERC directed incumbent transmission owners to delete the contract clauses they wrote to block their competitors. Several still-resistant owners then challenged FERC's deletion directive on Mobile-Sierra grounds. Two appellate courts just upheld FERC. Is the path finally clear for true transmission competition? No. First, some history.