Linda Apsey
Analyst · Ben Pham with BMO. Please ask your question
Yes, good morning. Thank you Ben. I think in terms of next steps, obviously the Supreme Court has remanded the case back to the district court, and so obviously there now will be a proceeding involving all the parties to litigate through the constitutionality of the ROFR. Unfortunately we don’t really have a good sense as to what the timing of that will be or the decision. As we stated, obviously it doesn’t have an impact on the Tranche 1 projects that have already been issued and awarded, but certainly as we go forward, there is various places that this issue is playing out - once clearly is at FERC. This was clearly an issued that was teed up in the transmission planning NOPR in terms of questions around the continuation of competitive bidding, the ROFRs, and so we would be hopeful that FERC obviously would make some decision around the ROFR issue, but it is obviously playing out. It’s playing out in Texas, we now have it in Iowa, and so for us sitting here today, we’re going to continue to stay focused on planning the transmission system with MISO and obviously advancing sort of both the LRPT 1, the LRPT 1 projects. But I would mention that there are a lot of carve-outs for certain types of projects that are precluded from competitive bidding, certainly projects that utilize existing right-of-way, projects that are rebuilds, projects that are clearly just reliability projects. There’s a lot of different categories of projects that are not subject to competitive bidding, and so much of our five-year plan obviously is our base capital, and we would continue to have the right, the responsibility to execute on those projects that are ours. I would say it’s premature to know exactly or understand how all of this plays itself out or what the impact is, but you can assure yourself that we will be positioned and are positioned, I would say to both be defensive and offensive on this front, so we’re taking every step that we can to prevail on the ability to have ROFRs. It is something that FERC explicitly allowed in their original--well, it was their subsequent ruling on competitive bidding, and it is something that FERC recognized, that states have the right and the ability to have state ROFRs, and so we will be actively pursuing defending the ability for states to maintain the decision around who builds in the respective states. I would just say--I mean, we have been pretty vocal through all of our comments on the FERC front in terms of we fundamentally don’t believe competitive bidding is a success story - it’s the opposite. It takes more time, there’s no evidence to suggest that it’s cheaper, and I will give you an example right now - even in the LRTP Tranche 1, we are off and running in terms of siting, engineering, preparing our regulatory applications, meanwhile the couple of projects that are subject to competitive bidding probably won’t even have a decision on who builds those for at least another year, so how this is compatible with the overall national federal goals for carbon reduction and the need for investment in transmission is really a serious question that I think all the parties need to seriously consider. I just don’t think this is--I think this is a failed experiment, quite frankly, and we will be continuing to defend vigorously as well as be proactive on this front.