This past Monday, the United States Court of Appeals for the Second Circuit finally released its decision in Connecticut v. AEP, a bellwether case involving whether carbon dioxide emissions from coal-fired power plants constitute a “public nuisance” subjecting emitters to common law tort liability.
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Commissioner Kelly Will Not Serve A Third Term at FERC
On September 21, 2009, in a surprise announcement, Commissioner Suedeen Kelly stated she would turn down President Obama’s nomination for another term at the Federal Energy Regulatory Commission (“FERC” or the “Commission”) to pursue opportunities in the private sector.
FERC Approves $30 Million Settlement with ETP
On September 21, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) approved an uncontested settlement with its Enforcement Litigation Staff and Energy Transfer Partners L.P., Energy Transfer Company, ETC Marketing Ltd., and Houston Pipe Line Company LP (collectively “ETP”) for $30 million in a market manipulation case.
Mandatory Greenhouse Gas Reporting Rule Issued by EPA
On September 22, 2009, the U.S. Environmental Protection Agency (“EPA”) issued final regulations imposing mandatory greenhouse gas (“GHG”) reporting obligations.
Maryland Rejects PATH Application
On September 9, 2009, the Maryland Public Service Commission (“PSC”) rejected an application by American Electric Power Co., Inc. (“AEP”) and Potomac Edison Co. d/b/a Allegheny Energy Inc. to build 20 miles of high-voltage transmission line in Frederick County, Maryland.
FERC Releases NOPR On Demand Response Following the 2009 Demand Response Annual Report
On September 17, 2009, FERC issued a Notice of Proposed Rulemaking (“NOPR”) on standards for measuring and verifying the performance of demand response services. The proposed rule would lay the groundwork for expanding the use of demand response in organized wholesale markets.
FERC Held Public Meeting On Mandatory Reliability Standards
On September 22, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) held a public meeting on the Mandatory Reliability Standards for the Bulk Power System.
Wind Generator Seeks Priority Transmission Rights on Its Generator Lead for Five-Phase Wind Farm
On September 2, 2009, Milford Wind Corridor, LLC (“Milford”) submitted a Petition for Declaratory Order requesting the Federal Energy Regulatory Commission (“FERC” or the “Commission”) to confirm that it can retain its firm rights to use 1,000 MW of transmission on a generator lead Milford constructed itself in order to interconnect the full capacity of five planned phases of its entire wind project.
EPA to Regulate Metal Discharges from Power Plants
A coalition of environmental groups last week threatened to sue the EPA if it does not propose regulation of toxic metal discharges from power plants within 60 days.
EPA to Again Consider Lowering National Ozone Standards
In a court filing on September 16th, the Justice Department announced that the EPA will reconsider controversial Bush-era National Ambient Air Quality Standards (“NAAQS”) for ozone, sometimes referred to as smog. EPA plans to act on a very fast schedule, with a proposed new ozone standard by December 21 and a final rule by August 31, 2010.