Reversing a 2008 decision by the Bush Administration, the new Obama Environmental Protection Agency (“EPA”), lead by EPA Administrator Lisa Jackson, has now approved California’s request for the authority to regulate greenhouse gas emissions from new automobiles. The decision allows California to implement standards it adopted in 2005 that are more stringent than current federal requirements.
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NASUCA Recommends New RTO/ISO Governing Structures
By Troutman Pepper Locke on
Posted in Uncategorized
On June 19, 2009, the National Association of State Utility Consumer Advocates (“NASUCA”) released a report that recommended changes to the governing structures of regional transmission organizations (“RTOs”) and independent system operators (“ISOs”). The report was prepared by a NASUCA special committee, and has since been adopted by resolution of NASUCA members.
Georgia Appellate Court Overrules Trial Court Decision to Regulate CO2
By Troutman Pepper Locke on
Posted in Uncategorized
Longleaf Energy Associates v. Friends of the Chattahoochee, the Georgia case that last year became the first legal authority in the nation for imposing carbon dioxide (CO2) limits on power plants, was overruled on Tuesday. The Georgia Court of Appeals reversed the Fulton County Superior Court decision that vacated Longleaf’s permit for a new coal-fired power plant in south Georgia. The Court of Appeals decision represents a significant victory for industry on a number of important points of law.
Expanded Waxman-Markey Climate Bill Scheduled for House Floor Vote Today
By Troutman Pepper Locke on
Posted in Uncategorized
On Monday, House Democrats released a revised 1,200 page energy bill, clearing the way for a possible floor vote on HR 2454, The American Clean Energy and Security Act of 2009, as early as today. As of press time, the House voted to bring the bill to the floor by a vote of 217 to 205 but has just begun debate.
Update on Transportation Legislation in the 111th Congress
By Troutman Pepper Locke on
Posted in Uncategorized
Congressional maneuvering during the past few weeks has dramatically altered the landscape for pending and proposed transportation legislation. Before June, legislation that would eliminate the nation’s freight railroads’ antitrust exemptions was moving swiftly through Congress as the Railroad Antitrust Enforcement Act of 2009 (introduced as S. 146 and H.R. 233).
FERC Accepts Southwest Power Pool’s Funding Proposal to Integrate Wind Resources
By Troutman Pepper Locke on
Posted in Uncategorized
On April 24, 2009, the Federal Energy Regulatory Commission (“Commission” or “FERC”) approved a wind transmission cost allocation proposal by the Southwest Power Pool, Inc. (“SPP”), designed to reduce barriers to integrating wind power in the region and thereby expand the availability of wind generation resources.
FERC Releases Assessment on State-by-State Demand Response Potential
By Troutman Pepper Locke on
Posted in Uncategorized
On June 18, 2009, FERC released a national assessment detailing demand response potential with a state-by-state analysis. The report estimates that demand response potential can reduce peak electricity demand by 4% to 20%, which translates to between 38 gigawatts (“GW”) and 188 GW, by 2019.
President Obama to Nominate John Norris for Commissioner at FERC
By Troutman Pepper Locke on
Posted in Uncategorized
On Wednesday, President Obama announced his intention to nominate John R. Norris as Commissioner of the Federal Energy Regulatory Commission (“FERC” or the “Commission”). Currently, Mr. Norris is Chief of Staff for Secretary Tom Vilsack at the U.S. Department of Agriculture (“USDA”), a position he has held since January of…
Rep. Markey Questions FERC Chairman on Incentive-Based Rates, Requests Report
By Troutman Pepper Locke on
Posted in Uncategorized
On June 3, 2009, Rep. Edward Markey (D-MA), chairman of the House Subcommittee on Energy and Environment, sent a letter to FERC Chairman Jon Wellinghoff requesting “information on the level and focus of transmission investments in response to FERC’s transmission incentive policy.”
Senate Energy Committee Approves Expansion of Oil and Gas Leasing in Gulf
By Troutman Pepper Locke on
Posted in Uncategorized
On Tuesday, the Senate Energy and Natural Resources Committee (“Senate Energy Committee”) approved Sen. Byron Dorgan’s (D-ND) amendment to increase oil and gas leasing in the eastern Gulf of Mexico by a vote of 13-10.