On February 22, 2011, Michael Bardee, General Counsel for FERC, submitted comments in response to the Commodity Futures Trading Commission’s  (“CFTC”) Notice of Proposed Rulemaking  (“NOPR”) on the elective exception to mandatory clearing for swaps under the Commodity Exchange Act (“CEA”). 

On February 18, 2011, Senator Jeff Bingaman (D-NM) announced that he will not be seeking re-election for a sixth term in 2012.  Senator Bingaman is the Chairman of the Senate Energy and Natural Resources Committee. Senator Ron Wyden (D-OR) is the next most senior Democrat on the panel. 

On February 11, 2011, the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit”) vacated FERC orders that approved the Midwest Independent Transmission System Operator, Inc.’s (“Midwest ISO’s”) Schedule 2-A (“Schedule 2-A”) of the region’s Open Access Transmission and Energy Markets Tariff (“tariff”) for being unduly discriminatory.

On February 14, 2011, the Commission submitted their Fiscal Year (“FY”) 2012 Budget Request for $304,600,000.  The budget request represents a 2.8 percent increase over the 2010 actualized numbers, and that amount equals $8,303,000.  The oil industry is the one industry to show a decrease in the Commission budget allotment, and it dropped by 0.6 percent or $7,656,000 for FY 2012.