On October 12, 2011, EPA issued a notice of data availability (“NODA”) seeking comment on information obtained by EPA in connection with their proposed rule: Hazardous and Solid Waste Management System; Identification and Listing of Special Wastes; Disposal of Coal Combustion Residuals from Electric Utilities (“2010 Proposed Rule”).
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FERC Announces Conference to Address Reliability Impact of EPA Rules
By Troutman Pepper Locke on
Posted in Uncategorized
On October 7, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) announced that it will hold a Commissioner-led Technical Conference to address the reliability of the Bulk-Power System and emerging issues, including reliability concerns which may arise in complying with Environmental Protection Agency (“EPA”) regulations, along with tools to address these issues.
EPA Proposes “Technical Adjustments” to Cross-State Air Pollution Rule, Seeks Comment
By Troutman Pepper Locke on
Posted in Uncategorized
On October 6, 2011, the EPA proposed what it is referring to as “technical adjustments” to the final Cross-State Air Pollution Rule (“CSAPR”). According to the EPA, the adjustments are needed to correct errors made in certain unit specific modeling assumptions and to smooth the transition from the Clean Air Interstate Rule (“CAIR”) to CSAPR. A summary of the proposed adjustments is as follows:
Justice Department Announces $4.8 Million Settlement with Morgan Stanley
By Troutman Pepper Locke on
Posted in Uncategorized
On September 30, 2011, the United States Department of Justice (“DOJ”) announced a settlement with Morgan Stanley concerning its violation of antitrust laws in connection with swap agreements it entered into concerning New York City’s electricity generating capacity market in 2006.
New England Parties File Base ROE Complaint in ISO-NE
By Troutman Pepper Locke on
Posted in Uncategorized
On September 30, 2011, Martha Coakley, Attorney General of the Commonwealth of Massachusetts, and various state officials and commissions from the other New England states (collectively, the “Complainants”) filed a Complaint against Bangor Hydro-Electric Company and the other ISO-New England transmission owners (collectively, “TOs”) and ISO New England Inc (“ISO-NE”).
Obama Administration Chooses Seven Electric Transmission Projects for Accelerated Permitting and Construction
By Troutman Pepper Locke on
Posted in Uncategorized
On October 5, 2011, the Obama Administration announced that it would “accelerate” permitting and construction of seven proposed electric transmission lines. These projects will serve as pilot demonstrations of streamlined processes and increased cooperation among federal, state and tribal authorities.
FERC Issues Order Concerning Bilateral Sales in the Pacific Northwest
By Troutman Pepper Locke on
Posted in Uncategorized
On October 3, 2011, FERC issued an order on remand from the U.S. Court of Appeals for the 9th Circuit (“9th Circuit”) concerning bilateral wholesale energy contracts that were entered into in the Pacific Northwest spot market between December 25, 2000 and June 20, 2001 (“October 3rd Order”).
FERC Sees Market Power Problems with Duke/Progress Merger, Parties Propose Mitigation Plan
By Troutman Pepper Locke on
Posted in Uncategorized
On September 30, 2011, FERC conditionally approved the proposed merger between Duke Energy Corporation (“Duke”) and Progress Energy, Inc. (“Progress”) (together, “Applicants”). FERC “conditionally approved” the proposed merger, imposing conditions on the Applicants related to horizontal market power.
FERC Rejects MISO’s Request for Waiver to Accommodate Entergy Integration
By Troutman Pepper Locke on
Posted in Uncategorized
On September 27, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) denied a tariff waiver request by the Midwest Independent Transmission System Operator, Inc. (“MISO”) concerning planning and cost allocation of network upgrades and a transition period for integrating Entergy Corporation and its operating companies (together “Entergy”).
SPP Asks EPA to Delay Effective Date of Cross State Air Pollution Rule
By Troutman Pepper Locke on
Posted in Uncategorized
On September 20, 2011, the Southwest Power Pool, Inc. (“SPP”), wrote to Administrator Lisa Jackson at the Environmental Protection Agency (“EPA”) in its capacity as a FERC approved Regional Transmission Organization (“RTO”) and Regional Entity, requesting a delay of the Cross-State Air Pollution Rule (“CSAPR”).