Large Public Power Council Asks DC Circuit Court of Appeals to Rehear FERC Order 1000 case, September 29, 2014

September 29, 2014
Contact: Lawrence Pacheco
(202) 346-8855

Petition for en banc rehearing says consumers should pay only for new transmission from developers from whom they take service

Washington, D.C. — The Large Public Power Council (LPPC) today petitioned the U.S. Court of Appeals for the DC Circuit to reconsider an earlier decision by a three-judge panel that upheld the Federal Energy Regulatory Commission’s Order 1000, which mandates changes in the way regions and utilities plan and pay for new transmission projects.

The petition for an en banc rehearing focuses on the portions of the court decision that address the allocation of costs for new transmission facilities. LPPC argues that Order 1000 will require its members’ customers to pay for the costs of new transmission projects from which they receive no service. This will likely raise power prices for millions of Americans.

The petition states that the Court’s opinion “endorses FERC’s unprecedented determination that it has the authority to provide transmission developers…funding for their projects from entities…with whom they have no business relationship and to whom they do not provide service.”

“The FERC Order 1000 case is all about protecting end-use consumers, specifically from paying the cost of transmission service that they do not use,” said LPPC President John DiStasio. “LPPC has no objection to FERC’s determination that utilities should participate in regional planning. In fact, large public power systems have a long history of participating in planning activities and have every interest in working with FERC to ensure systems continue to be planned adequately.”

LPPC is one of the 45 petitioners that challenged the commission’s Order 1000 in South Carolina Public Service Authority vs. Federal Energy Regulatory Commission.


LPPC represents 26 of the largest locally owned and operated not-for-profit electric systems in the United States. Our member utilities are located in 12 states and Puerto Rico and own and operate more than 86,000 megawatts of generation capacity and more than 35,000 circuit miles of high voltage transmission lines. LPPC member utilities supply electricity to some of the largest cities in the country including Los Angeles, Seattle, Omaha, Phoenix, Sacramento, Jacksonville, San Antonio, Orlando and Austin.

To view the petition click here.