On January 12, 2011, the U.S. Government Accountability Office (“GAO”) released a report entitled “Electricity Grid Modernization: Progress Being Made on Cybersecurity Guidelines, but Key Challenges Remain to be Addressed” (the “Report”). This Report highlighted key issues which could cause concern for the smart grid system and identified regulatory problems affecting smart grid cybersecurity standards.
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Carbon Capture and Storage Roadmap Released by DOE/NETL
On January 11, 2011, the Department of Energy’s (“DOE”) Existing Plant Program and Sequestration program at the National Energy Technology Laboratory (“NETL”) released their December 2010 Carbon Dioxide Capture (“CCS”) and Storage RD&D (research, development, and demonstration) Roadmap (the “roadmap”). The roadmap outlined the DOE’s efforts to advance CCS technology.
FERC Releases Report on Frequency Response Metrics and Invites Comments
On January 20, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) posted a report by the Lawrence Berkeley National Laboratory (“LBNL”) called “Use of Frequency Response Metric to Assess the Planning and Operating Requirements for Reliable Integration of Variable Renewable Generation” along with its five supplementary papers (together, the “Report”).
FERC Approves CIP Violation Risk Factors and Severity Levels
On January 20, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) conditionally approved the Violation Risk Factors (“VRF”) and Violations Severity Levels (“VSL”) for version 2 and 3 of the Critical Infrastructure Protection (“CIP”) reliability standards. The CIP standards encompass many security concerns including sabotage reporting and cyber security.
President Obama Issues Executive Order Aimed at Improving Regulation and Regulatory Review
On January 18, 2011 President Barack Obama issued an executive order requiring government agencies to periodically examine rules and regulations and to make changes to existing rules that are “ineffective or excessively burdensome.”
Renewable Energy is Gaining Larger Share of Domestic Energy Production
According to the latest data released by the U.S. Energy Information Administration (“EIA”) Renewable Energy is becoming a larger part of domestic energy production in the United States. EIA publishes a Monthly Energy Review (the “Review”) which examines the latest figures regarding all sources of energy.
EPA Announces Deferral on GHG Permitting for Biomass Industries
On January 12, 2011, the Environmental Protection Agency (“EPA”) announced that biomass-fired sources will be able to receive a three year deferral on greenhouse gas (“GHG”) permitting requirements for CO2 emissions.
Supreme Court Will Not Review Comer v. Murphy Oil
On January 10, 2010, the United States Supreme Court (“Supreme Court”) stated that it will not review the Comer v. Murphy Oil case, which is a class-action suit against energy, fossil fuel and chemical companies doing business in Mississippi
Duke Energy and Progress Energy will Merge to Create Nation’s Largest Electric Utility
On January 10, 2011, Duke Energy and Progress Energy, Inc. (“Progress Energy”) announced the companies had entered into a merger agreement which, if consummated, will create the largest electric utility in the United States.
FERC Commissioners Send Letter to the Wall Street Journal
On January 10, 2011, the five current Commissioners at the Federal Energy Regulatory Commission (“FERC” or the “Commission”) sent a joint letter (the “January 10th Letter”) to the Wall Street Journal (the “Journal”) in response to a December 30, 2010 editorial called “The Midwest Wind Surtax” (the “December 30th Editorial”).