On March 20, 2012, the Senate Committee on Energy & Natural Resources held a hearing to consider the nominations of four individuals: Adam Sieminski, to be the Administrator of the Energy Information Administration, Marcilynn Burke to be an Assistant Secretary of the Interior, Anthony Clark to be a member of FERC, and John Norris to be a member of FERC.
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AEP Announces Plan to Retire 4,600 MW by 2016
By Troutman Pepper Locke on
Posted in Uncategorized
On March 22, 2012, American Electric Power Company (“AEP”) officially notified PJM Interconnection LLC (“PJM”) and Southwest Power Pool, Inc. (“SPP”) of its plan to retire more than 4,600 MW of generating capacity in the their respective regions between 2012 and 2016.
Court Dismisses Climate Change Tort Case
By Troutman Pepper Locke on
Posted in Uncategorized
In the wake of the Supreme Court’s decision in Connecticut v. AEP, a federal district court in Mississippi on Wednesday, March 21st, dismissed a re-filed case, the “Comer 2” case, seeking damages for the alleged tort of global warming.
No Change in EPA NO2 and SO2 Secondary Standards
By Troutman Pepper Locke on
Posted in Uncategorized
EPA last Wednesday, March 21st, issued a final determination to hold two air standards at existing levels – one for nitrogen dioxide (“NO2”) and one for sulfur dioxide (“SO2”).
EPA Tells Congress that Four Years is Enough for Mercury Controls
By Troutman Pepper Locke on
Posted in Uncategorized
In a hearing before a Senate subcommittee on Tuesday, March 20th, EPA’s top air official, Gina McCarthy, continued to maintain that utility companies will have plenty of time to install new pollution controls required by EPA’s recently promulgated mercury standards.
Supreme Court Authorizes CWA Pre-Enforcement Review
By Troutman Pepper Locke on
Posted in Uncategorized
In a unanimous decision, the United States Supreme Court on Wednesday, March 21, 2012 ruled that landowners whose property had been determined to be wetlands can sue the Environmental Protection Agency (“EPA”) prior to a formal enforcement action.
Bonneville Files Oversupply Management Protocol in Federal Power Act 211A Complaint Proceeding Before FERC
By Troutman Pepper Locke on
Posted in Uncategorized
On March 6, 2012, the Bonneville Power Administration (“Bonneville” or “BPA”) submitted an Oversupply Management Protocol (“OMP”) as part of its compliance filing in response to the Federal Energy Regulatory Commission’s (the “Commission” or “FERC”) December 7, 2011 Order which found that BPA engaged in unduly discriminatory curtailment practices and directed BPA to file an OATT pursuant to Federal Power Act Section 211A.
PJM Seeks Declaratory Order on Liability for RTOs due to Recent Lawsuit
By Troutman Pepper Locke on
Posted in Uncategorized
On March 12, 2012, the PJM Interconnection, L.L.C. (“PJM”) filed a petition with FERC asking to clarify the negligence standard applicable to Regional Transmission Organizations’ (“RTOs”) execution of planning and reliability functions.
FERC Approves NERC’s “Find, Fix, Track and Report” Proposal
By Troutman Pepper Locke on
Posted in Uncategorized
On March 15, 2012, FERC issued an order conditionally approving the North American Electric Reliability Corporation’s (“NERC”) “Find, Fix, Track and Report” (“FFT”) proposal. The FFT is an enforcement approach that would treat “low-risk” reliability standard violations differently than more serious violations.
GAO Issues Report on DOE Loan Guarantees
By Troutman Pepper Locke on
Posted in Uncategorized
On March 12, 2012, the Government Accountability Office (“GAO”) released a report concerning the Department of Energy’s (“DOE”) $30 billion Loan Guarantee Program (“Program”). The report, titled “Further Actions Are Needed to Improve Tracking and Review of Applications,” reviewed data provided by DOE on its loan applications and the established process through which DOE reviews loan applications.