On January 31, 2011 the North American Electric Reliability Corporation (“NERC”) filed its first Administrative Citation Notice of Penalty (“NOP”), at the Federal Energy Regulatory Commission (“FERC” or the “Commission”). In addition to the Administrative Citation NOP, NERC also filed 22 individual NOPs.
Uncategorized
Department of Energy Inspector General Releases Report on FERC and Cyber Security
By Troutman Pepper Locke on
Posted in Uncategorized
On January 26, 2011, the Inspector General of the Department of Energy (“DOE IG”) released an audit report on the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) Monitoring of Power Grid Cyber Security” (the “Report”).
D.C. Circuit Denies Petition for Review Regarding The PJM Reliability Pricing Model
By Troutman Pepper Locke on
Posted in Uncategorized
On February 8, 2011, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit” or the “court”) denied a petition for review filed by the Maryland Public Service Commission and New Jersey Board of Public Utilities (together, “Petitioners”).
Administration Announces New Offshore Wind Plan
By Troutman Pepper Locke on
Posted in Uncategorized
On February 7, 2011, the Department of Energy (“DOE”) and Department of the Interior (“Interior”) announced a joint strategic plan entitled the National Offshore Wind Strategy: Creating an Offshore Wind Industry in the United States in order to accelerate the deployment of offshore wind and decrease cost.
Ninth Circuit Vacates Transmission Congestion Study/NIETC Designations
By Troutman Pepper Locke on
Posted in Uncategorized
On February 1, 2011, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) decided that the Department of Energy (“DOE”) failed to consult with affected states when conducting their congestion study as part of section 216 of the Federal Power Act (“FPA”), and the designations of the Mid-Atlantic Area National Corridor (“Mid-Atlantic Corridor”) and the Southwest Area National Corridor (“Southwest Corridor”) were arbitrary and capricious.
PJM Power Providers File FERC Complaint Over New Jersey Law
By Troutman Pepper Locke on
Posted in Uncategorized
On February 1, 2011, PJM Power Providers Group (“P3”), an association of 12 energy suppliers in the PJM Interconnection, L.L.C. (“PJM”) region, filed a complaint against PJM at the Federal Energy Regulatory Commission (“FERC”).
Incentive Rates for Offshore Transmission Line Receives Opposition
By Troutman Pepper Locke on
Posted in Uncategorized
On January 31, 2011, several parties submitted formal protest to the Federal Energy Regulatory Commission (“FERC” or “Commission”) opposing the Atlantic Wind Connection (“AWC”) project request for incentive rate treatment which included a 13.58 percent return on equity (“ROE”).
FERC Approves PJM Demand Response Products
By Troutman Pepper Locke on
Posted in Uncategorized
On January 31, 2011, FERC approved new demand response products for PJM Interconnection, L.L.C. (“PJM”) through two separate orders that accepted revisions to the PJM open access transmission tariff (“OATT”).
FERC Enforcement Issues Notice of Alleged Violations for Reliability Compliance
By Troutman Pepper Locke on
Posted in Uncategorized
On January 25, 2011, the staff of the Office of Enforcement (“OE” or “Enforcement”) for FERC issued a Notice of Alleged Violations against the Grand River Dam Authority (“GRDA”) for multiple violations of mandatory reliability standards.
FERC Denies Requests for Rehearing on Preliminary Notice of Violations Issue
By Troutman Pepper Locke on
Posted in Uncategorized
On January 24, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an order (“January 24 Order”) denying requests for rehearing of their December 17, 2009 order (“December 17 Order”) which authorized the Secretary of the Commission (“Secretary”) to issue a document entitled Staff’s Preliminary Notice of Violations.