Law Review Articles on RTO Governance and eNGO Participation

On November 14, 2023, the Energy Bar Association published two law review articles titled Incorporating Environmental Concerns Into Wholesale Electric Markets: The Impact of Regional Transmission Organization Governance Models on ENGO Participation in Stakeholder Processes (Part I) and Incorporating Environmental Concerns Into Wholesale Electric Markets: Recommendations for Increasing Effective Participation of ENGOS in RTO Governance Stakeholder Processes (Part II) by Mark James, Kevin B. Jones, and Adelaide Hardwick.1  

Part I provides an overview of Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) that operate the transmission grid and manage the electricity markets for more than 60% of the electricity supply in the United States. It provides a history of RTO/ISO formation and the value and responsibilities RTOs/ISOs play in a transition to a low-carbon future. It also explains the importance of including environmental non-governmental organizations (eNGOs) in RTO/ISO governance processes. Finally, it provides an overview of the governance processes and structures of the 7 RTOs/ISOs and how eNGOs can participate.

Part II dives deep into the roles eNGOs play in RTO/ISO governance. It recounts interviews with key market participants and observers to hear their views on where RTO governance structures hinder and help effective participation of eNGOs. Based on those interviews, it provides recommendations to improve the RTO/ISO governance process for eNGO participation. The recommendations are related to resource burdens to participation, expanding board diversity, board member selection process, improving transparency, the voting process, stakeholder input opportunities, and more. The end of Part II includes those interviewed and the list of standardized interview questions.

Ellie (Adelaide) Hardwick is an attorney at Sanger Law, PC.

1     Mark James is the Associate Director of the Institute for Energy and the Environment at Vermont Law and Graduate School and an Associate Professor of Law.  Kevin B. Jones is the Director of the Institute for Energy and the Environment at Vermont Law and Graduate School and Professor of Energy Law and Policy.  Ellie (Adelaide) Hardwick is an attorney at Sanger Law, PC who obtained a JD and Masters in Energy Regulation and Law degree from Vermont Law & Graduate School.


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