On December 11, 2009, Senator Maria Cantwell (D-WA), along with Senator Susan Collins (R-ME), introduced a “cap and dividend” climate bill called the “Carbon Limits and Energy for America’s Renewal (Clear) Act.” The Clear Act aims to lower greenhouse gas (“GHG”) emissions 20% from 2005 levels by 2020, 30% by 2035, and 83% by 2050.
Uncategorized
EPA Issues Climate Change Endangerment Finding
On December 7, 2009, the Environmental Protection Agency (“EPA”) promulgated its long-awaited endangerment finding. Evidently timed to coincide with the beginning of the international climate change negotiations in Copenhagen, the Agency’s finding states that elevated atmospheric concentrations of six greenhouse gases (“GHGs”) emitted by man – carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride – are contributing to dangerous climate change.
FERC Chairman Wellinghoff Testifies on Energy Storage
On December 10, 2009, Federal Energy Regulatory Commission (“FERC” or the “Commission”) Chairman Jon Wellinghoff testified on the technical issues related to integrating energy storage into the electricity grid at a hearing before the Senate Committee on Energy and Natural Resources.
FERC Denies Request that Developer Claims is Needed to Save 400 MW Project
On December 3, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) denied Clipper Windpower Development Company, Inc.’s (“Clipper Windpower”) emergency motion and request for temporary waiver of part of the California Independent System Operator Corporation’s (“CAISO”) Large Generator Interconnection Procedures (“LGIP”). In its motion, Clipper Windpower argued that the current security deposit requirements within CAISO’s LGIP would force it to post a $7.5 million deposit for upgrades that would cost approximately $4.6 million.
Army Corps Challenges FERC Ruling on Jurisdiction
On November 25, 2009, the United States Army Corps of Engineers (“Army Corps”) filed a request for rehearing of FERC’s order requiring the Army Corps to comply with mandatory electric reliability standards.
FERC Approves Plan to Allow PJM to Provide Ancillary Service in Midwest ISO
On December 2, 2009, the FERC approved an uncontested settlement between PJM Interconnection LLC (“PJM”), Midwest Independent Transmission System Operator, Inc (“Midwest ISO”), and Buckeye Power Inc., and dismissed a complaint by Buckeye Power.
STB Opens Proceeding on Coal Dust Rules
The U.S. Surface Transportation Board (“STB”) on December 1, 2009 instituted a formal proceeding to examine tariff rules established by the BNSF Railway Company (“BNSF”) that limit the amount of coal dust that can be emitted by trains transporting coal over certain railroad lines leaving the Powder River Basin (“PRB”).
No FERC Jurisdiction for On-Site Solar Generating Project Sales to End-Use Customers
On November 19, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a declaratory order confirming that sales by a developer of on-site solar generating projects (“PPA Provider”) to end-use customers do not constitute the sale or transmission of electric energy under FERC’s control.
Green Energy Express Incentives Contingent on CAISO Approval
On November 23, 2009, FERC approved Green Energy Express LLC’s (“Green Energy”) request for rate incentives, conditioned on approval by the California Independent System Operator (“CAISO”).
California Approves Portion of the Devers-Palo Verde 2 Transmission Line
On November 20, 2009, the California Public Utilities Commission (“California PUC”) approved Southern California Edison Company’s (“SoCal Edison”) amended petition to build a 128-mile, 500-kV portion of the Devers-Palo Verde 2 (“DPV2”) project.