California Attorney General Rob Bonta has co-led a coalition of 12 attorneys general and the California Public Utilities Commission in submitting an amicus brief to the U.S. Court of Appeals for the Fourth Circuit. The brief supports the Federal Energy Regulatory Commission (FERC) in defending Order No. 1920, which is titled “Building for the Future Through Electric Regional Transmission Planning and Cost Allocation.” This order requires electric transmission providers to conduct long-term planning for regional transmission facilities and consider changing demands and sources when determining how to fund these projects.
Attorney General Bonta stated, “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. 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.”
Alice Reynolds, President of the California Public Utilities Commission, added, “California’s clean energy future depends on a modern, well-planned transmission system that can reliably deliver affordable electricity to where it is needed. 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.”
Order 1920 addresses previous shortcomings in electric transmission planning identified by FERC, such as concerns over grid reliability, affordability, and increasing electricity demand. The new requirements call for regular updates to regional plans by providers and include economic and reliability benefits when choosing new projects. The order also emphasizes cooperation between states and regions as well as incorporating technologies that enhance grid performance.
These reforms are expected to help California connect less expensive renewable power sources like wind and solar to its grid while reducing greenhouse gas emissions from one of the country’s largest emission sectors—the power industry. According to proponents of Order 1920, these changes could improve reliability and lower consumer costs compared with past approaches.
The amicus brief argues that Order 1920 will accelerate upgrades using new renewable projects; replace aging infrastructure; improve affordability through broader decision-making; reduce cost overruns via project reevaluation mechanisms; and respect states’ roles in developing new power sources.
FERC approved Order 1920 on May 13, 2024—later amending it twice following administrative petitions—but some Republican-led states, conservative groups, and other entities have challenged it in court under Appalachian Voices v. FERC.
The coalition filing this amicus brief includes attorneys general from Connecticut, Illinois, Maryland, Minnesota, New Jersey, Oregon, Rhode Island, Washington State, Massachusetts (co-leading), as well as Washington D.C., alongside California officials.
Rob Bonta leads the California Attorney General’s office, which serves as the state’s chief law enforcement authority focusing on enforcing state laws while advancing civil rights initiatives among others such as environmental justice policy across all of California (official website). The office plays a key role within the executive branch according to state constitutional guidelines.
