On March 14, 2010, Chairman Wellinghoff responded to a February 2011 letter from senators Bob Corker (R-Tenn.), Ron Wyden (D-Ore.), and Richard Burr (R-N.C.) (collectively the “senators”) who expressed concern that the forthcoming Final Rule stemming from the rulemaking on Transmission Planning and Cost Allocation (see June 18, 2010 edition of the WER) will make customers who receive little or no benefit from a transmission project pay for a majority of the project.
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GOP Bill to Prevent EPA from Regulating GHG Emissions Clears First House Hurdle
By Troutman Pepper Locke on
Posted in Uncategorized
A bill authored by House Energy and Commerce Committee Chairman Fred Upton (R-Mich.) to permanently strip the EPA of most authority to regulate greenhouse gas (“GHG”) emissions passed the House Energy and Power Subcommittee by voice vote on March 10, 2011. H.R. 910, “The Energy Tax Prevention Act,” (the “Act”) was introduced on March 3, 2011 after February hearings on the draft bill at which Troutman Sander’s D.C. partner Peter Glaser testified.
FERC Acts On Dispatchable Intermittent Resources Within MISO
By Troutman Pepper Locke on
Posted in Uncategorized
On February 28, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) conditionally accepted in part updates to the Midwest Independent Transmission System Operator, Inc.’s (“Midwest ISO”) Open Access Transmission, Energy, and Operating Reserve Markets Tariff (“tariff”) that created a new category of resources named Dispatchable Intermittent Resources. This new category will allow wind to be treated like other power resources and participate in the region’s real-time energy market.
FERC Rejects Reserve Services Plan by WSPP
By Troutman Pepper Locke on
Posted in Uncategorized
On March 4, 2011, FERC rejected two new Service Schedules proposed by the Western System Power Pool (“WSPP”) for incorporation into the WSPP Agreement.
Surface Transportation Board Authorizes Tariff Rules on Coal Dust but Strikes Down Specific BNSF tariff
By Troutman Pepper Locke on
Posted in Uncategorized
On March 3, 2011, the Surface Transportation Board (“STB” or “Board”) issued a decision which authorizes railroads to impose reasonable requirements upon coal shippers to mitigate coal dust emissions.
Complaint Alleges PJM Failed to Conduct FTR Auctions Properly
By Troutman Pepper Locke on
Posted in Uncategorized
On March 2, 2011, PPL EnergyPlus, LLC (“PPL EnergyPlus”) filed a complaint at the Federal Energy Regulatory Commission (“FERC” or the “Commission”) alleging that PJM Interconnection, L.L.C. (“PJM”) failed to conduct its annual financial transmission rights (“FTR”) auctions and auction revenue rights (“ARR”) allocations according to the PJM Open Access Transmission Tariff (“OATT”).
PJM Asks Developers to Stop Work on PATH Project
By Troutman Pepper Locke on
Posted in Uncategorized
On February 28, 2011, the PJM Interconnection L.L.C. Board of Managers (“PJM Board”) instructed transmission owners to “suspend efforts” on the Potomac-Appalachian Transmission Highline (“PATH”).
NERC Forms Cyber Attack Task Force
By Troutman Pepper Locke on
Posted in Uncategorized
On March 2, 2011, the North American Electric Reliability Corporation (“NERC”) announced the formation of a Cyber Attack Task Force to address what effects a coordinated cyber attack would have on the bulk power system.
EPA Releases Long-Awaited Emissions Standards for Boilers and Incinerators: Some Relief for Existing Solid Fuel Sources, Less So for Others
By Troutman Pepper Locke on
Posted in Uncategorized
On February 23, 2011, the Environmental Protection Agency (“EPA”) released a package of rules to impose new emissions standards for industrial boilers and incinerators known as Maximum Achievable Control Technology (“MACT”).
FERC to Hold Technical Conference on Priority Rights to New Participant-Funded Transmission
By Troutman Pepper Locke on
Posted in Uncategorized
On March 15, 2011 from 9:30 am to 4:00 pm, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) staff will hold a technical conference (the “Conference”) to consider issues related to “ownership of and priority access rights to new transmission projects.”