GHG Regulation under PSD and Title V
On December 23, 2010, the Environmental Protection Agency (“EPA”) released six more rules designed to make sure that all areas of the country are, or will be, covered by a Clean Air Act program that includes permitting requirements for greenhouse gas (“GHG”) emissions in accordance with EPA’s Tailoring Rule.
On December 30, 2010, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two separate but related orders (the “December 30, 2010 Orders”) on transmission rate incentives under sections 205 and 219 of the Federal Power Act (“FPA”) and Order No. 679.
On December 15, 2010, House Energy and Commerce Committee Chairman Fred Upton (R-MI) announced the members who will lead six different subcommittees. Upton also announced that Joe Barton (R-TX) will serve as the Chairman Emeritus for the Committee, and Vice Chair of the Energy and Commerce Committee will be Sue Myrick (R-NC).
On December 16, 2010, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) approved the Midwest Independent Transmission System Operator, Inc.’s (“Midwest ISO”) proposal to socialize costs for the entire region.
On December 16, 2010, FERC released several orders on reliability that showed aggressive progress for several reliability standards. FERC proposed approval for several reliability standards for the Western Electric Coordinating Council (“WECC”) through two separate orders.
On December 16, 2010, FERC approved the merger between First Energy Corp. (“FirstEnergy”) and Allegheny Energy, Inc. (“Allegheny”).
Troutman Sanders proudly announces that two firm partners have been named to Public Utilities Fortnightly magazine’s 2010 list of “Groundbreaking Lawyers.”
On December 10, 2010, the United States Court of Appeals for the D.C. Circuit (“the Court”) denied motions by a broad swath of industry and several states to stay EPA’s greenhouse gas (“GHG”) regulatory program. The motions asked the Court to stay the appeals pending the Court’s disposition of the numerous appeals of these regulations on the merits.
On December 6, 2010, the United States Supreme Court (“Supreme Court”) granted a petition from a group of electric utilities for a writ of certiorari seeking review of the decision of the United States Court of Appeals for the Second Circuit (“Second Circuit”) in Connecticut v. AEP.
On December 8, 2010, the House Republican Conference ratified Congressman Fred Upton (R-MI) as chair of the Committee on Energy and Commerce. The GOP Steering Committee nominated him just one day earlier, beating out Joe Barton (TX), John Shimkus (IL), and Cliff Stearns (FL).
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