A new proposal quietly reintroduced in the Wisconsin Legislature is reviving debate over how major energy projects should be awarded. Known as the Right of First Refusal (ROFR) bill, the legislation would give Wisconsin-based utilities the first opportunity to construct, own, and maintain new transmission lines approved by the Midcontinent Independent System Operator (MISO). While supporters argue this protects local control and prevents out-of-state hedge funds from driving up costs, opponents say it restricts competition and could lead to higher electricity rates.

ROFR grants incumbent transmission facility owners—typically Wisconsin-based utilities—the priority to build new transmission projects that connect to their existing infrastructure. If the utility declines, the Public Service Commission (PSC) would determine whether another entity should take on the project. The bill also mandates competitive bidding for cost estimates and requires quarterly progress reports to the PSC. Proponents say this approach ensures stability and efficiency in Wisconsin’s power grid.

Supporters, including Wisconsin’s largest utility companies, argue that ROFR is necessary to keep energy decisions in Wisconsin’s hands and protect consumers from rising costs. They claim that without ROFR, out-of-state developers with no local accountability could win bids and shift financial burdens onto Wisconsin ratepayers. By giving established, in-state utilities priority, the law would maintain reliability, reduce delays, and prevent hedge funds from capitalizing on lucrative transmission projects.

Opponents, however, see the bill as a power grab by monopoly utilities seeking to block competition and increase costs. Wisconsin already has some of the highest utility rates in the country, and critics argue that restricting competition will only make costs worse. They point to past instances of overbuilding, which have led to inflated electricity prices. Additionally, concerns have been raised about backroom deals between utilities and unions, as well as the significant lobbying money spent to push this legislation forward.

Mark Belling’s Tweets on the Right of First Refusal (ROFR) Bill

Former WISN 1130 talk show host, Mark Belling, strongly criticizes the proposed Right of First Refusal (ROFR) bill in Wisconsin, arguing that it is an insider deal designed to grant monopoly power to utility companies at the expense of consumers and competition. He frames the bill as an example of Republican leadership being controlled by lobbyists and corporate interests rather than working for voters. Belling went on a long series of tweets on X directed at the bill and drawing more attention to it. 

Key Arguments from Belling’s Tweets:

1. A Power Grab by Wisconsin Utilities
   • Belling asserts that Wisconsin utilities have set up a system where they control transmission line construction, then lobby lawmakers to prevent competition from bidding on these projects.
   • He calls this a monopolistic and anti-competitive practice that restricts free-market competition.
2. GOP Leadership Tied to Utility Lobbyists
   • He criticizes Wisconsin Senate Majority Leader Devin LeMahieu for sponsoring the bill, calling him a RINO (Republican In Name Only) who is serving corporate interests rather than constituents.
   • Belling claims that GOP leaders who support the bill are aligned with “Big Utility” and “Big Pharma” rather than conservative values.
3. Wisconsin’s High Electric Rates & Lobbying Influence
   • He highlights that Wisconsin has the 14th highest electric rates in the U.S. and argues that instead of reducing costs, utilities are spending money on diversity, equity, and inclusion (DEI) programs and lobbying efforts.
   • He alleges that utilities used ratepayer money to punish lawmakers who opposed the bill by funding their election opponents.
4. Swamp Politics and Regulatory Capture
   • Belling criticizes the American Transmission Company (ATC), the company formed by Wisconsin utilities, for using former state utility regulators as lobbyists to push the bill through the legislature.
   • He compares this revolving door of politics and corporate influence to D.C. swamp politics, suggesting it contradicts the conservative push against government overreach.
5. Comparison to National Conservative Policies
   • He argues that Trump and other conservative leaders nationally are fighting to end this kind of corporate favoritism, making the ROFR bill an example of Republican hypocrisy at the state level.

Belling positions this bill as an anti-free-market, pro-monopoly policy that should be opposed by conservatives who believe in competition, lower rates, and transparency in government.

With both sides offering starkly different narratives, the ROFR bill is set to be a contentious issue in the coming weeks. The core debate remains: does prioritizing Wisconsin-based utilities ensure stable and affordable energy, or does it shut out competition and protect corporate interests at the expense of ratepayers?