A Minnesota developer's suit against utilities companies' so-called "right of first refusal" will have greater implications for the distinction between federal and state jurisdiction over the electric grid.
“If an incumbent utility can sit back and wait for a competitive developer to do the hard work and then come forward only after someone has a development idea, that really is a chilling effect in the competitive marketplace,” Holland & Knight LLP partner Steve Humes said. “And it sends a message to competitive developers that they shouldn't play ball in that state.”
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