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

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  • Aug 31, 2022

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 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.


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