Order 1000: Can We Make the Transmission Providers’ Obligations Effective and Enforceable?

The landmark Order 1000 requires transmission providers to participate in regional planning processes for transmission.  Transmission providers must produce plans through processes that (a) take into account public policy requirements that might require transmission service, and (b) give comparable consideration to alternatives to conventional transmission projects.  The Order leaves many details to the regional processes.  This memorandum identifies the legal principles available to guide, and where necessary constrain, these processes so that the transmission providers who control them act consistently with their obligation under Federal Power Act Section 205—the obligation to provide electricity services under terms and conditions that are “just and reasonable” and not “unduly preferential.”

In addition to the PDF download, a recording of the presentation of this paper is available.