Two dozen GOP lawmakers have signed a letter to President Donald Trump asking whether he believes legislation to give incumbent utilities first crack at building new transmission lines is consistent with his executive order “to unleash American energy.”
The letter, spearheaded by state Rep. Rob Brooks, R-Saukville, seeks the president’s advice, noting a potential vote on the legislation could come within a few weeks.
It expresses concerns about the rise of right of first refusal legislation in the Midwest, adding the push by utilities to advocate for such “protectionist measures is alarming.”
“This legislation not only undermines principles of competition but also appears contradictory to the American First agenda your administration has begun to implement,” the letter states.
The letter comes as cosponsors recently reintroduced the legislation dubbed “ROFR.” It would give utilities already doing business in Wisconsin the right of first refusal to construct, own and maintain a new transmission line that connects to one of their existing ones.
The letter is signed by 19 GOP members of the Assembly and five from the state Senate. Republicans have majorities of 54-45 in the Assembly and 18-15 in the Senate. If all signers opposed the bill during a floor vote, backers would need Dem support to pass the legislation.
The ROFR bill cleared the Assembly last session on a voice vote, but didn’t come to the floor in the Senate. The fight over the legislation is gearing up again in the Capitol with Senate Majority Leader Devin LeMahieu, R-Oostburg, telling WisPolitics in December he wanted to clear the bill by this spring.
The letter says the legislation “stands in stark opposition to numerous executive orders issued by you and your administration, which emphasized the critical importance of protecting and enhancing competition to foster innovation and reduce costs.”
The letter poses five questions to Trump. Along with asking whether the legislation is consistent his policies, the questions include:
- Does your administration have a position on the constitutionality of these ROFR laws?
- Does your administration expect the projects approved under MISO will continue as scheduled?
- Will states continue to be forced to pay for a portion of projects in other states, specifically states which eliminated competition by passing ROFR, through the use of MISO tariffs?
- Will the White House intervene to put a stop to the ROFR legislation in the Midwest?
The lawmakers asked for a response from the Trump administration as soon as possible.
“Your response to these questions will allow us to make a more informed decision with respect to the pending ROFR legislation,” the letter concludes.
