On March 30, 2012, FERC issued an order on remand from the United States Court of Appeals for the Seventh Circuit (“7th Circuit”) regarding the appropriate cost allocation methodology for large transmission projects in the PJM Interconnection, L.L.C. (“PJM”) region. FERC reaffirmed its decision to approve PJM’s postage stamp rate that socialized the cost of high-voltage projects to the entire RTO.
FERC Conditionally Approves MISO’s Queue Reform
On March 30, 2012, FERC conditionally approved a proposal from the Midwest Independent System Operator (“MISO”) to revise its interconnection queue procedures. The new procedures are designed to address backlogs and late-stage terminations of generation interconnection agreements. FERC approved the new procedures to take effect on January 1, 2012.
PJM Proposes Changes to Wind Resource Compensation, Market Monitor Disagrees
On April 2, 2012, PJM made a filing with FERC proposing to change its Operating Agreement in an effort to align compensation provided to wind generators for “lost opportunity costs” with the compensation currently offered to conventional generating resources.
FERC Staff Issues Notice of Alleged Violations Against Barclays Bank and Individual Traders
On April 5, 2012, FERC Staff issued a Notice of Alleged Violations against Barclays Bank PLC (“Barclays”) and individual traders Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith.
Senate Confirms DOE Nominees
On March 29, 2012, the Senate confirmed several Department of Energy (“DOE”) nominees.
Wellinghoff Sends Strong Message to Utilities: Change or Die
On March 16, 2012, FERC Chairman Jon Wellinghoff spoke at the GreenBiz Energy Group Verge conference. During a post-speech interview he stated “[t]he traditional utility is either going to have to change or die.” Wellinghoff noted during the interview that this statement is an attempt to clarify an earlier comment where Wellinghoff categorized utilities as “dinosaurs.”
EPA Proposes Greenhouse Gas Performance Standards for Electric Generators
On Tuesday, March 27, 2012, EPA proposed greenhouse gas (“GHG”) New Source Performance Standards (“NSPS”) for coal and natural gas combined cycle (“NGCC”) electric generation units (“EGUs”).
Duke and Progress File Revised Mitigation Proposal with FERC
On March 26, 2012, in an attempt to gain approval of their merger, Duke Energy Corp. (“Duke”) and Progress Energy, Inc. (“Progress”) (together, “Applicants”) filed a revised market power mitigation proposal (“Proposal”) with FERC.
Volcker Rule Potentially Damaging to Energy Industry, Says Recent Study
On March 28, 2012, business information services company IHS Inc. released a report raising the possibility of detrimental impacts of the so-called “Volcker Rule” on the energy industry.
California ISO Approves 2011-2012 Transmission Plan
On March 23, 2012, the California Independent System Operator Corporation (“California ISO”) approved its “2011-2012 Transmission Plan” which identifies thirty projects needed to maintain reliability.