Attorney General Bonta Co-Leads Multistate Amicus Brief Supporting Long-Term Energy Transmission Planning

OAKLAND — California Attorney General Rob Bonta today co-led a multistate coalition of 12 attorneys general and the California Public Utilities Commission in filing an amicus brief in the U.S. Court of Appeals for the Fourth Circuit supporting the Federal Energy Regulatory Commission (FERC) in defending Order No. 1920. The order — titled Building for the Future Through Electric Regional Transmission Planning and Cost Allocation — requires electric transmission providers to engage in long-term planning for regional transmission facilities and consider evolving demands and sources when proposing how to pay for those facilities. In the amicus brief, Attorney General Bonta and the coalition explain that Order 1920’s sensible long-term planning requirements will help support the development of needed transmission infrastructure, improve the grid’s reliability, incorporate state engagement, and reduce future costs to consumers.

“Advancing affordable, reliable, and clean energy should be about reducing costs to consumers and controlling the temperature on our planet’s thermometer. Long-term planning for the nation’s grid is commonsense and not a partisan issue,” said Attorney General Bonta. “Order 1920 advances an efficient approach to long-term energy transmission planning. With today’s amicus brief, we welcome FERC’s effort and urge the Court to uphold Order 1920 which will support efficient and clean energy infrastructure for our future.” 

"California’s clean energy future depends on a modern, well-planned transmission system that can reliably deliver affordable electricity to where it is needed,” said Alice Reynolds, President of the California Public Utilities Commission. “FERC’s Order 1920 is consistent with California’s long-term regional transmission planning process and will support the development of a lower cost, more resilient grid across the Western region.”

Electricity transmission is like an interstate highway system that connects generation sources to customers; it must have sufficient capacity along the corridors where it is needed. FERC properly identified deficiencies with the past model of transmission planning, including concerns about grid reliability, affordability, and growing electricity needs, and carefully responded with Order 1920. Order 1920’s transmission-planning reforms will generate several significant affordability and reliability benefits for the entire Western grid, including California consumers. It requires transmission providers to undertake long-term regional planning and then regularly update those plans. It also requires that providers incorporate economic and reliability benefits when choosing new transmission infrastructure projects, consider electrical grid-enhancing technologies, and improve state and interregional cooperation. These requirements will help California’s policies to connect less expensive and cleaner power sources to the grid — like wind and solar — thereby reducing greenhouse gas (GHG) emissions from the power sector, which is the nation’s second largest source of GHG emissions. At the same time, Order 1920 will improve reliability and lower costs when compared to the current approach to transmission planning.  

On May 13, 2024, FERC approved Order 1920, which it subsequently amended twice in response to administrative petitions. A few Republican-led States, conservative interest groups, and other entities have filed court challenges to Order 1920. These cases have been consolidated in the Fourth Circuit Court of Appeals under the lead case, Appalachian Voices v. FERC. 

In the amicus brief, Attorney General Bonta and the coalition explain that Order 1920:  

• Is expected to accelerate upgrades with new, less expensive renewable projects and provide a critical foundation for realizing the GHG emission reduction benefits from various state and local climate and energy initiatives adopted by the coalition. 
• Will spur the replacement of aging facilities and infrastructure that otherwise would have been avoided or deferred. This will improve affordability and reliability of the power sector, which too often relies on narrow decision-making that develops local power lines in an inefficient fashion. 
• Includes several mechanisms specifically designed to reduce consumer costs. It requires providers to incorporate economic benefits into the planning for new facilities, and it also provides a mechanism for the reevaluation of approved transmission projects to prevent or minimize cost overruns.
• Respects the important role played by states in developing and siting new power sources.

In filing today’s amicus brief, Attorney General Bonta and Attorney General of Massachusetts Andrea Joy Campbell, lead a coalition that includes the attorneys general of Connecticut, Illinois, Maryland, Minnesota, New Jersey, Oregon, Rhode Island, Washington, and the District of Columbia.