During its monthly meeting on March 19, 2020, the Federal Energy Regulatory Commission (FERC) announced a notice of proposed rulemaking (NOPR) to change electric transmission incentive policy and stimulate transmission infrastructure development.[1] The NOPR would shift from a "risks and challenges" framework to a model that grants transmission incentives based on benefits to consumers. Essentially, the NOPR would eliminate Order No. 679’s “nexus test,” which requires applicants such as utilities to show a connection between the requested incentives and the risks and challenges associated with the project, and instead provide a series of incentives based on economic and reliability benefits. The NOPR stems from a directive from Congress in 2005 that required FERC to develop incentive-based rates for electric transmission because there is a need to buildout and update the transmission system. The commission has previously implemented rules, but the latest NOPR will more fully take into account the changes to transmission since the past decade of rapid energy transition.

Once the notice is published in the Federal Register, there will be a 90 day comment period. Commissioner Richard Glick dissented in part to the order and objected to the 90 day comment period because he thinks it is too brief given the current coronavirus crisis.[2] Instead, he said the comment period should be extend to 120 days to allow for substantial reactions and create more flexibility. However, Chairman Neil Chatterjee wants to "keep the business of the commission going," though he added FERC expects requests for deadline extensions on some of its processes due to the pandemic.

[1] https://www.ferc.gov/media/news-releases/2020/2020-1/03-19-20-E-1.asp#.Xnur5qhKg2x

[2] https://www.ferc.gov/media/statements-speeches/glick/2020/03-19-20-glick.asp#.XnusH6hKg2x