Matt Christiansen, Nic Gladd, and Rachel Neuburger, attorneys at Wilson Sonsini Goodrich & Rosati, authored a recent Law360 article titled "Transource Ruling Affirms FERC’s Grid Planning Authority."

The piece examines the U.S. Court of Appeals for the Third Circuit’s Sept. 5, 2025, decision in Transource Pennsylvania LLC v. DeFrank, which overturned the Pennsylvania Public Utility Commission’s denial of a key interstate transmission project (Project 9A). The court found that the PUC’s action was preempted by the Federal Power Act as it conflicted with a regional planning process approved by the Federal Energy Regulatory Commission (FERC).

The authors argue that the decision reinforces FERC’s central role in regional transmission planning, limits states’ ability to block projects approved through that process, and could bolster support for FERC’s recent planning initiatives, including Order No. 1920. They also argue that the decision underscores the need for early state participation in federally regulated transmission planning efforts.

To read the full article (subscription required), click here.