On Thursday, FPL Group, Inc. (“FPL”) announced that former FERC Chairman Joseph T. Kelliher will serve as the company’s Executive Vice President, Federal Regulatory Affairs. The newly created position will have Kelliher oversee all of FPL’s federal energy regulatory policy matters. Kelliher will report directly to FPL’s Chairman and CEO.
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Bingaman Releases New Transmission Siting Draft
On Wednesday, members of the Senate Energy and Natural Resources Committee (“Energy Committee”) discussed Chairman Senator Jeff Bingaman’s (D-NM) revised “discussion draft” transmission siting legislation. Previously, Senator Bingaman released draft legislation on March 10, 2009 (see March 13, 2009 edition of the WER).
The Endangered Species Act – The New Climate Change Battleground
The Obama Administration on Tuesday overturned Endangered Species Act (“ESA”) regulations passed under President George W. Bush that had modified requirements for government agencies to consult with federal biologists prior to undertaking projects with the potential to affect threatened or endangered plants and animals.
Governor Purdue Signs the Georgia Nuclear Energy Financing Act
On April 21, 2009, Georgia Governor Sonny Purdue signed the Georgia Nuclear Energy Financing Act (“Act”). The Act provides that a Georgia utility shall recover its costs of financing associated with the construction of a nuclear generating facility during the construction period after the proposed plant’s certification by the Georgia Public Service Commission (“GPSC”).
MMS Publishes Final Rules for Offshore Renewable Energy
On April 22, the Department of the Interior’s Minerals Management Service (“MMS”) approved final regulations to establish a program to grant leases, easements, and rights-of-way (“ROW”) for renewable energy activities on the Outer Continental Shelf (“OCS”). The final rule is effective as of June 29, 2009.
Supreme Court to Hear Case on Power Rate Challenges
On Monday, the U.S. Supreme Court (“Supreme Court”) granted certiorari to hear a case regarding whether or not the “public interest” standard applies to certain parties that were not part of a rate settlement.
FTC to Delay Enforcement of Red Flags Rule Until August 1, 2009
Just announced, the FTC will suspend enforcement of the Red Flags Rule again – this time until August 1, 2009 (resulting in an additional three month delay from its current compliance date of May 1, 2009).
Waxman-Markey Climate Bill Heads Into Hearings
This week, Chairman Henry A. Waxman (D-CA) of the Energy and Commerce Committee and Chairman Edward J. Markey (D-MA) of the Energy and Environment Subcommittee held four days of legislative hearings on the discussion draft of “The American Clean Energy and Security Act of 2009,” released March 31, 2009.
Connecticut AG Seeks $86 Million Refund, Closure of ISO-NE Loophole
On April 20, 2009, Connecticut Attorney General Richard Blumenthal filed a complaint with the Federal Energy Regulatory Commission (“FERC” or “Commission”) claiming that unnamed power suppliers used a loophole in the Independent System Operator of New England’s (“ISO-NE”) market rules to receive $85.8 million in capacity payments while failing to deliver energy when called upon by ISO-NE. Blumenthal’s complaint asks the Commission to make the companies’ names public and to order them to disgorge their profits.
Wellinghoff: Current and Continued Developments May Significantly Decrease Baseload Capacity Needs
On Wednesday, FERC Chairman Jon Wellinghoff addressed a number of ongoing energy issues during a U.S. Energy Association forum, including his belief that renewable energy and demand-side management could significantly mitigate and perhaps eliminate the need for traditional baseload power plants. Additionally, Chairman Wellinghoff discussed the Commission’s ability to regulate carbon credit markets.