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On October 15, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) denied New York Regional Interconnect, Inc.’s (“NYRI”) request for rehearing of FERC’s Order on Rehearing, which affirmed its acceptance of the New York Independent System Operator’s (“NYISO”) cost allocation and recovery requirements for economic upgrades to the transmission system.  The Commission’s decision may render NYRI’s proposed $2 billion transmission project infeasible.

On October 15, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) conditionally accepted the 2010 business plan and budget for the North American Electric Reliability Organization (“NERC”), the regional reliability entities and the Western Interconnection Regional Advisory Board.  In its order, FERC expressed considerable concern about the staffing levels at NERC and whether they are sufficient for the organization to carry out its mission.

On October 15, 2009, the United States District Court for the Northern District of California (the “Court”) dismissed a lawsuit brought by the Kivalina Alaska Native Village and others against a large number of energy companies, continuing the saga of whether energy companies can be sued under tort law for emitting greenhouse gases (“GHGs”). 

On October 15, 2009, the Commission released an order addressing Texas Eastern Transmission LP’s (“Texas Eastern”) filing of two letter agreements and revised tariff sheets modifying previously filed negotiated rate agreements with New Jersey Natural Gas Company (“New Jersey”) and PSEG Power, LLC (“PSEG”).  The modifications included negotiated fuel rate caps and a provision that the negotiated fuel rate cap would apply to any replacement shipper if New Jersey or PSEG released their capacity. 

On October 9, 2009, FERC conditionally accepted the Midwest Independent Transmission System Operator, Inc.’s (“Midwest ISO”) filing of an unexecuted amended and restated generator interconnection agreement (“IA”) among Midwest ISO, Community Wind North LLC (“Community Wind”) and Northern States Power Company (“NSP”), subject to Community Wind not having to pay for a new 230-mile transmission line.