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”).
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Senator Bingaman Announces Retirement
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.
FERC Issues an Order to Show Cause for Violation of Market Behavior Rules
On February 14, 2011, FERC issued an order to show cause (the “Order”) to Moussa I. Kourouma, d/b/a Quntum Energy LLM (“Quntum”) for alleged violations of the Commission’s regulations.
Transmission Cost Allocation Battle Moves To The Hill
On February 17, 2011, a bipartisan group of senators introduced the Electric Transmission Customer Protection Act that seeks to amend the Federal Power Act to ensure rates for power are assessed in proportion to measured reliability or economic benefit.
FERC Issues NOPR on Regulation Service & NOI on Locational Exchanges
At the February 17, 2011 meeting, FERC issued a Notice of Proposed Rulemaking (“NOPR”) on compensation for regulation service and a Notice of Inquiry (“NOI”) seeking comment on locational exchanges for wholesale power.
DC Circuit Vacates FERC’s Order on Midwest ISO’s Reactive Power Rates
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.
FERC Initiates Inquiry into Outages and Disruptions in Texas and the Southwest
On February 14, 2011, FERC issued an order directing staff to initiate an inquiry into outages and disruptions of service in Texas and the Southwest in early February 2011 (the “Order”).
2012 Budget for DOE Remains a Contested Issue
On February 14, 2011, President Barack Obama unveiled the Budget of the United States Government, Fiscal Year 2012 (the “2012 Budget”), which proposed a 12 percent increase in funding for the Department of Energy (“DOE”).
FERC Submits Fiscal Year 2012 Budget Request
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.
House Holds Hearings on Climate Bill – Troutman Partner Glaser Testifies
On February 9, 2011, the Subcommittee on Energy and Power of the House Energy and Commerce Committee held hearings on a draft bill authored by full Committee Chairman Fred Upton (D. Mich.) that would revoke EPA authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act (“CAA”).