On April 20, 2012, FERC clarified through a WSPP, Inc. (“WSPP”) order that the Commission does not have jurisdiction over the trading of unbundled renewable energy certificates (“REC”) – i.e. those REC contracts that do not have an energy sales component. However, the Commission did assert jurisdiction over bundled REC transactions under sections 201, 205, and 206 of the Federal Power Act.
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Wellinghoff Discusses FERC Accomplishments
On April 26, 2012, FERC Chairman Jon Wellinghoff met with reporters to discuss the Commission’s accomplishments over the last year. Wellinghoff focused on the steps FERC has taken in the past year to fulfill its mission of “ensuring consumers have reliable, efficient and sustainable energy.” In addition, FERC’s Office of Energy Projects released a list of Energy Infrastructure Issuances from April 1, 2011 to March 31, 2012, which noted that FERC licensed 50 hydropower projects, certificated 22 natural gas pipeline projects and 13 natural gas storage projects.
FERC Approves “Bright-Line” Criteria for Identifying Critical Assets
On April 19, 2012, FERC approved the North American Electric Reliability Corporation’s (“NERC”) revised standards for identifying assets subject to NERC’s critical infrastructure program (“CIP”). The revised standards replace NERC’s former risk-based approach with 17 uniform “bright-line” criteria.
Senate Energy Committee Approves FERC Nominees
On April 26, 2012, the Senate Committee on Energy and Natural Resources approved the nominations of Tony Clark (R) and John Norris (D) to be members of FERC. The nominees are now eligible for consideration by the full Senate.
NERC Names Charles Berardesco its New General Counsel
On April 23, 2012, the North American Electric Reliability Corporation (“NERC”) announced that Charles A. Berardesco will serve as its General Counsel starting on July 2, 2012.
FERC Enforcement Director Testifies before Senate Committee on Weather Outages
On April 26, 2012, the Senate Committee on Energy and Natural Resources held a hearing on Weather-Related Electrical Outages. The Director of FERC’s Office of Enforcement, Norman Bay, testified before the Committee regarding FERC’s analysis of the effects of the October 29-30, 2011 snowstorm in the Northeastern United States.
FERC Approves Major LNG Export Project for Sabine Pass
On April 16, 2012, FERC approved an application filed by Cheniere Energy Inc.’s subsidiaries Sabine Pass Liquefaction, LLC and Sabine Pass LNG, L.P. (collectively “Sabine Pass”) to site, construct, and operate a liquefied natural gas (“LNG”) export facility in Cameron Parish, Louisiana. Separately, the Commission released an order vacating Jordan Cove Energy Project, L.P.’s (“Jordan Cove”) December 17, 2009 authorization to build an LNG import terminal in Coos County, Oregon.
DC Circuit Sides with Mobil’s Pegasus Pipeline in Market-Based Rate Proceeding
On April 17, 2012, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) found unreasonable FERC’s decision to deny Mobil Pipeline Company’s (“Mobil”) application to charge market-based rates on its crude oil pipeline, Pegasus.
FERC Issues Notice of Inquiry on Open Access and Priority Rights on Interconnection Facilities
On April 19, 2012, FERC issued a Notice of Inquiry (“NOI”) on the open access and priority rights associated with capacity on interconnection facilities. The NOI is a direct result of a March 2011 technical conference.
FERC Staff Presents 2011 State of the Markets
On April 19, 2012, FERC’s Office of Enforcement presented its 2011 State of the Markets report at FERC’s monthly meeting. The State of the Markets report is an annual presentation of staff’s assessment of natural gas, electric, and other energy markets.