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In a joint press conference on September 15, the U.S. Environmental Protection Agency (“EPA”) and U.S. Department of Transportation (“DOT”) released details of a new national suite of automobile standards that would mandate increased corporate average fuel economy (“CAFE”) standards and carbon dioxide (CO2) emissions limits.

On June 9, 2009, the United States Court of Appeals for the Ninth Circuit issued a decision that upheld orders from the Federal Energy Regulatory Commission (“FERC” or the “Commission”) granting PPL Montana, LLC, PPL Colstrip LLC, and PPL Colstrip II LLC (collectively, “PPL”) market-based rate authority despite challenges by petitioners Montana Consumer Council and REC Silicon (collectively, “Montana Consumer Council” or “Petitioners”). 

On August 24, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) ruled that claims of market manipulation should be brought under section 306 of the Federal Power Act (“FPA”) and not section 206 of the FPA, where the Attorney General of Connecticut, the Connecticut Department of Public Utility Control (“DPUC”), and the Connecticut Office of Consumer Counsel (“OCC”) filed their complaints against power plant operators earlier this year. 

On July 23, 2009, the Commission’s Enforcement Litigation Staff (“Staff”), Amaranth Advisors LLC (“Amaranth”), and one of Amaranth’s two former gas traders filed a new settlement in its high-profile enforcement case. The Commission previously rejected a settlement submitted by the parties earlier this year (See February 20, 2009 edition of the WER).

On July 20, 2009, a split panel from the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) voted 2-1 to uphold the Commission’s decision to deny two environmental groups’ untimely attempt to intervene in proceedings to amend the flow requirements at Pyramid Dam in Los Angeles County. The Ninth Circuit concluded that the Commission reasonably determined that California Trout and Friends of the River (collectively, the “petitioners”) lacked good cause in their untimely attempt to intervene.

On July 20, 2009, Entergy Services, Inc. (“Entergy”) submitted comments indicating that it will consider becoming a member of the Southwest Power Pool (“SPP”). Entergy’s filing addressed issues raised during the Joint FERC and State Regulator Conference held on June 24, 2009, in Charleston, South Carolina.