On November 19, 2009, the Federal Energy Regulatory Commission (“FERC” or “Commission”) announced the launch of investigations into the interstate natural gas pipeline rates for Northern Natural Gas Company (“Northern Natural”), Great Lakes Gas Transmission LP (“Great Lakes”), and Natural Gas Pipeline Company of America LLC (“NGPL”) to determine if the pipelines are over-recovering cost of service, causing unjust and unreasonable rates under section 5 of the Natural Gas Act.
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FERC Clarifies Definition of Marketing Function Employee
By Troutman Pepper Locke on
Posted in Uncategorized
On November 16, 2009, FERC issued Order No. 717-B in an attempt to clarify its confusing decision in Order No. 717-A regarding what utility employees should be considered “marketing function employees.”
New 24-hour Air Quality Standard for Sulfur Dioxide Proposed by EPA
By Troutman Pepper Locke on
Posted in Uncategorized
On Monday, November 16, 2009, the U.S. Environmental Protection Agency (“EPA”) proposed more stringent air quality standards for sulfur dioxide (SO2) in an effort to provide additional protection to public health. The proposal focuses on short-term exposures to peak SO2 levels, and would establish a new national one-hour standard at between 50 and 100 ppb.
FERC Clears Enforcement Case Backlog
By Troutman Pepper Locke on
Posted in Uncategorized
On November 13, 2009 the FERC approved 564 penalties submitted in an Omnibus Notice of Penalty (“Omnibus Filing”) by the North American Electric Reliability Corporation (“NERC”).
Senators Introduce Bill to Double Nuclear Production
By Troutman Pepper Locke on
Posted in Uncategorized
On November 16, 2009, Senators Lamar Alexander (R-TN) and Jim Webb (D-VA) proposed the Clean Energy Act of 2009, S. 2776, during the Winter Meeting of the American Nuclear Society.
Cauley Named NERC President and CEO
By Troutman Pepper Locke on
Posted in Uncategorized
On November 18, 2009, Gerry Cauley resigned as CEO of SERC Reliability Corporation and announced he was accepting the position of CEO and President of the North American Electric Reliability Corporation (“NERC”).
FERC Allows NYISO to Subject Three Generators to New Market Mitigation Rules
By Troutman Pepper Locke on
Posted in Uncategorized
On November 3, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) conditionally approved the New York Independent System Operator, Inc.’s (“NYISO”) request to subject three generators to a new market mitigation measure, effective September 8, 2009, in response to conduct NYISO identified as an abuse of market power (“November 3 Order”).
EPA Sends its Final Endangerment Finding on Greenhouse Gases to the White House
By Troutman Pepper Locke on
Posted in Uncategorized
On November 6, 2009, the U.S. Environmental Protection Agency (“EPA”) sent its final proposal on whether carbon dioxide and other greenhouse gas emissions pose a danger to human health and welfare to the White House Office of Management and Budget (“OMB”) for review.
FERC Prohibits Utility from Requiring Wind Generators to Provide Regulation Services for Exported Power
By Troutman Pepper Locke on
Posted in Uncategorized
On November 10, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) rejected a proposal by NorthWestern Energy (“NorthWestern”) to amend its Open Access Transmission Tariff (“OATT”) to require that wind generators provide their own regulation services for power exported outside of its balancing authority area.
Former FERC Chairmen File Amicus Brief Regarding Backstop Authority
By Troutman Pepper Locke on
Posted in Uncategorized
On October 21, 2009, four former chairmen of the Federal Energy Regulatory Commission (“FERC” or the “Commission”) filed a brief as amici curiae at the United States Supreme Court (“Supreme Court”), arguing that a lower court’s interpretation of the Commission’s backstop transmission siting authority was too narrow (see February 20, 2009 edition of WER).