On April 7, 2011, the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) denied a petition by industry groups and the states of North Dakota and Texas to stay implementation and enforcement of new stringent sulfur dioxide (“SO2”) emissions standards pending the court’s review of those standards.
Uncategorized
Bills Curtailing EPA Authority are Stymied in the Senate but Pass the House; Future Measures Uncertain
Votes on measures to greatly restrict EPA’s authority to regulate greenhouse gases (“GHG”) met different fates the week of April 4 through April 8 in the two chambers but reflected growing bipartisan support for such constraints.
Chairman Wellinghoff Hints At More Commission-Initiated Rate Investigations
On April 6, 2011, FERC Chairman Jon Wellinghoff spoke at a roundtable with reporters about FERC rate investigations, among other topics.
FERC Abstains from Enforcement; Tells IOUs to take CPUC to Court For Relief
On March 31, 2011, FERC issued a Notice of Intent Not to Act against the California Public Utilities Commission (“CPUC”) for not complying with the Public Utilities Regulatory Policies Act of 1978 (“PURPA”).
FERC Accepts SPP’s Price Floor for Energy Imbalance Service
On March 28, 2011, FERC accepted the Southwest Power Pool Inc.’s (“SPP”) plan to establish an Offer Curve price minimum or “floor” of negative $1,000 per Megawatt hour (“MWh”) for the energy imbalance service (“EIS”) market.
President Obama Delivers Remarks on America’s Energy Security
On March 30, 2011, President Barack Obama delivered remarks at Georgetown University on Energy Security, the United States’ dependence on foreign oil, the increase in natural gas production, a clean energy standard, and the use of nuclear power.
California Legislature Passes 33 Percent RPS
On March 29, 2011, the California Assembly passed Senate Bill X1-2, approving a 33 percent renewable portfolio standard (“RPS”) for the state.
Mayor Bloomberg Urges the Commission to Reconsider Approval of NYISO Capacity Demand Curves
On March 25, 2011, Mayor of New York Michael Bloomberg submitted a letter to Chairman Jon Wellinghoff of the Federal Energy Regulatory Commission (“FERC” or the “Commission”), urging the Commission to reconsider its January 28, 2011 Order in Docket No. ER11-2224 approving new capacity demand curves for the New York Independent System Operator, Inc. (“NYISO”).
EPA Issues Proposed Cooling Water Intake Rule
On March 28, 2011, the Environmental Protection Agency (“EPA”) published a new proposed cooling water intake rule for existing power plants and manufacturing facilities to be implemented through National Pollutant Discharge Elimination System permits.
Troutman Partner Glaser Testifies Before Congress on Greenhouse Gas Issue
On March 31, 2011, Peter Glaser, Chair of Troutman Sanders’ climate change team, testified before the House Committee on Science, Space, and Technology, which held hearings entitled “Climate Change: Examining the Processes Used to Create Science and Policy.”