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Grid PolicyRegulatory ShiftAug 21, 2026, 12:49 PM· 3 min read· in energy

FERC Abandons Key Transmission Incentives Policy, Halting CWIP for New Projects

The Federal Energy Regulatory Commission has ended a long-standing policy that allowed utilities to recover construction costs before transmission projects entered service, shifting financial risk away from ratepayers.

By Elise Bernard

Consumer Advocates 40%Transmission Developers 35%State Regulators 25%
Consumer Advocates
Focus on protecting ratepayers from upfront financial risks and cost overruns.
Transmission Developers
Emphasize the need for regulatory certainty and cash flow to build capital-intensive grid projects.
State Regulators
Prioritize local oversight and ensuring projects are proven necessary before costs are passed on.

Fast facts

  1. FERC has officially abandoned the Construction Work in Progress (CWIP) incentive for new regional transmission projects.
  2. The policy previously allowed utilities to recover financing costs from ratepayers during the construction phase of a project.
  3. Developers must now wait until a transmission line is fully operational and 'used and useful' before recovering capital investments.
  4. The shift aims to protect consumers from the financial risks of delayed or abandoned infrastructure projects.

Why this matters

By halting the Construction Work in Progress (CWIP) incentive, regulators are shielding consumers from paying upfront for infrastructure that may face delays or cancellation, fundamentally altering how the next generation of grid upgrades will be financed.

How we got here

  1. 2006

    FERC issues Order 679, establishing the CWIP incentive to spur transmission investment.

  2. April 2022

    FERC issues a Notice of Proposed Rulemaking suggesting the elimination of the CWIP incentive for regional projects.

  3. August 2026

    FERC officially abandons the CWIP policy, requiring new projects to be fully operational before costs are recovered.

For nearly two decades, a specific regulatory mechanism known as the Construction Work in Progress (CWIP) incentive allowed developers to bill customers for the financing costs of high-voltage power lines long before those lines transmitted a single electron. That era of upfront ratepayer financing has now ended. The Federal Energy Regulatory Commission (FERC) has officially abandoned the CWIP incentive for new regional transmission projects, fundamentally altering how grid infrastructure is funded in the United States.[1][2]

The decision marks a decisive victory for consumer advocates and state regulators who have long argued that the policy unfairly shifted the financial risks of massive infrastructure projects onto ordinary households. Under the newly adopted framework, utilities and transmission developers will return to traditional ratemaking principles. They must wait until a power line is fully constructed, energized, and deemed 'used and useful' before they can begin recovering their capital investments through consumer electricity bills.[2][4]

Established in 2006 under FERC Order 679, the CWIP incentive was originally designed to spur a wave of investment in the nation's aging grid. By allowing utilities to include 100 percent of their construction costs in their rate base prior to commercial operation, the policy provided immediate cash flow and lowered the cost of borrowing. Over the past 18 years, FERC granted the incentive to more than 130 projects, representing over $30 billion in transmission infrastructure.[5]

Under traditional ratemaking, utilities must now wait until infrastructure is fully operational before recovering costs.

However, as the scale and cost of regional transmission projects grew, so did scrutiny of the incentive structure. Critics, led prominently by FERC Commissioner Mark Christie, pointed out that the policy effectively turned captive ratepayers into an involuntary bank for private developers. Unlike a traditional bank, consumers received no interest on the money they advanced, and they bore the risk if a project was delayed, mismanaged, or ultimately abandoned.[1][4]

However, as the scale and cost of regional transmission projects grew, so did scrutiny of the incentive structure.

The abandonment of the CWIP policy forces a structural realignment in utility balance sheets. Without the guarantee of immediate cost recovery, transmission developers face higher upfront financing hurdles. Industry groups have warned that removing the incentive could increase the overall cost of capital, which might eventually trickle down to consumers in the form of higher long-term rates once projects do enter service.[3][5]

Despite these warnings, the regulatory consensus has shifted toward prioritizing immediate consumer protection and cost discipline. By removing the safety net of ongoing cost recovery, regulators anticipate that developers will be forced to exercise tighter control over project budgets and timelines. The shift eliminates the moral hazard of utilities earning a return on equity for projects that experience severe cost overruns during the construction phase.[2][3]

The regulatory shift transfers the upfront financial risk of grid expansion from consumers back to transmission developers.

The policy change also restores a measure of authority to state-level utility commissions. In recent years, state regulators expressed frustration that federal incentives were being awarded to projects that had not yet received state certificates of public convenience and necessity. By halting CWIP, FERC ensures that developers must secure comprehensive state approvals and demonstrate clear project viability before they can expect to recoup their investments.[4][6]

Looking ahead, the transmission sector will need to adapt to a more rigorous financial environment. While the demand for new high-voltage lines remains acute due to electrification and the integration of renewable energy, the capital required to build them will now be subject to standard market risks. Utilities are expected to explore alternative financing structures and outcome-based incentives that reward operational efficiency rather than merely subsidizing the construction process.[2][3]

Viewpoints in depth

Consumer Advocates

Argue that the policy change protects households from funding private infrastructure risks.

Consumer protection groups and state advocates view the abandonment of CWIP as a necessary correction to an imbalanced system. They argue that for years, the policy forced captive ratepayers to act as an involuntary bank for highly profitable utility companies. By returning to the 'used and useful' standard, advocates contend that developers will be forced to manage construction budgets more strictly, as they can no longer pass the financial consequences of delays or cost overruns directly onto monthly electricity bills.

Transmission Developers

Warn that removing upfront cost recovery could slow down essential grid expansion.

Utility companies and transmission developers caution that eliminating the CWIP incentive removes a critical tool for managing the massive capital requirements of modern grid projects. Without the ability to generate cash flow during the often years-long construction phase, developers must rely more heavily on debt and equity markets. Industry representatives argue this will increase the overall cost of capital—an expense that will ultimately be baked into the final rates consumers pay once the lines are energized, potentially making the grid more expensive in the long run.

State Regulators

Support the shift as a restoration of state-level oversight and prudence checks.

State utility commissions have largely welcomed the federal policy shift, seeing it as a restoration of their jurisdictional authority. Under the previous incentive structure, federal regulators frequently awarded cost-recovery guarantees to projects before state authorities had even issued a certificate of public convenience and necessity. State regulators argue that halting CWIP ensures that developers must prove a project's local need and viability before they can expect guaranteed financial backing from the public.

Sources

Source coverage

6 outlets

3 viewpoints surfaced

Consumer Advocates 40%Transmission Developers 35%State Regulators 25%
  1. [1]FERCConsumer Advocates

    Commissioner Christie's Concurrence on Regional Transmission Planning and Cost Allocation

    Read on FERC
  2. [2]Electricity TodayState Regulators

    FERC abandons transmission incentives policy CWIP

    Read on Electricity Today
  3. [3]Powergen AdvancementTransmission Developers

    FERC Abandons Transmission Incentives Policy CWIP

    Read on Powergen Advancement
  4. [4]Utility DiveConsumer Advocates

    FERC transmission incentives 'way out of whack,' drive up consumer costs: Commissioner Christie

    Read on Utility Dive
  5. [5]WIRES GroupTransmission Developers

    FERC's Order No. 679 Transmission Incentive Policy

    Read on WIRES Group
  6. [6]Troutman PepperState Regulators

    Background and Proposed Reform: Long-Term Regional Transmission Planning

    Read on Troutman Pepper

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