On December 15, 2011, Troutman Sanders held a webinar discussion of FERC’s recent order directing Bonneville Power Administration (“BPA”) to file an Open Access Transmission Tariff pursuant to Federal Power Act Section 211A authority. (See December 12, 2011 edition of the WER)
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MISO Receives Approval of 215 New Transmission Projects
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On December 8, 2011, the Midwest Independent Transmission System Operator, Inc.’s (“MISO”) Board of Directors approved MISO’s Transmission Expansion Plan 2011 (“MTEP11”). The plan includes 215 new transmission infrastructure projects and was developed over an 18 month period.
FERC Approves Agreement Allowing Nevada Coop to Eventually Join CAISO
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On December 14, 2011, FERC approved a transition agreement between the California Independent System Operator Corporation (“CAISO”) and Valley Electric Association, Inc. (“Valley Electric”), a Nevada electric cooperative.
EPA Releases Final SO2 Emissions Limits on Oklahoma Plants
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On Tuesday, December 13th, the Environmental Protection Agency (“EPA”) released its final Federal Implementation Plan (“FIP”) to impose new sulfur dioxide (SO2) emission limits on six coal-fired electric generating units in Oklahoma.
Commissioner Marc Spitzer Leaves FERC
By Troutman Pepper Locke on
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On December 12, 2011, FERC Commissioner Marc Spitzer announced that effective December 14, 2011, he would be leaving the Commission. At the December 15, 2011 FERC Monthly Meeting, Chairman Jon Wellinghoff, and the other commissioners thanked Commissioner Spitzer for his service.
FERC Directs Bonneville Power Administration to File an OATT Pursuant to New Statutory Authority
By Troutman Pepper Locke on
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On December 7, 2011, the Federal Energy Regulatory Commission (“FERC or the “Commission”) issued an order directing the Bonneville Power Administration (“Bonneville”) to file revisions to its Open Access Transmission Tariff (“OATT”) to provide for transmission service on terms and conditions that are comparable to those under which Bonneville provides service to itself and that are not unduly discriminatory or preferential.
ITC Will Buy Entergy’s Transmission Business
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On December 5, 2011, Entergy Corporation (“Entergy”) and ITC Holdings Corp. (“ITC”) announced that Entergy will divest its transmission business and merge those assets into ITC. Entergy currently owns approximately 15,700 miles of transmission in the states of Arkansas, Louisiana, Mississippi, and Texas. After completion of the merger, ITC will become one of the nation’s largest transmission companies with over 30,000 miles of transmission.
International Trade Commission finds U.S. Solar Firms “Injured” By Imports of Particular Products from China
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On December 2, 2011, the U.S. International Trade Commission (“ITC”) voted 6-0 that there was a reasonable indication that the U.S. solar panel and cells industry has been injured or is threatened with injury by imports of crystalline silicon photovoltaic cells and modules from China.
The Commission Levies $6,364,029 Civil Penalty against Atmos and Trans Louisiana Gas Pipeline
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On December 9, 2011, FERC issued a stipulation and consent agreement between the Commission’s Office of Enforcement (“Enforcement”) and Atmos Energy Corporation (“Atmos”), the parent company of Atmos Energy Marketing, Inc. (“AEM”) and Trans Louisiana Gas Pipeline, Inc. (“Trans La”) assessing a civil penalty of $6,364,029 and ordering the disgorgement of $5,635,971, plus interest for the unjust profits from shipper-must-have-title violations.
EPA Releases Industrial Boiler MACT Reconsideration Rule
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On Friday, December 2, 2011, the Environmental Protection Agency (“EPA”) released its third attempt at a Maximum Achievable Control Technology (“MACT”) standard for industrial boilers and process heaters under the Clean Air Act. EPA’s latest proposal is a reconsideration of the final rule that was adopted in February and published March 21, 2011, which EPA promised to revise the same day it was released.