On January 31, 2012, FERC issued a notice of workshop that will take place on February 28, 2012.  Among other topics, the workshop will include a discussion of whether it would be appropriate to utilize open seasons as a way to allocate capacity on a merchant transmission line.

On January 30, 2012, the Federal Energy Regulatory Commission’s (“FERC or Commission”) staff issued a white paper for comment regarding how the Commission should advise the Environmental Protection Agency (“EPA”) on requests for extensions to comply with the Mercury and Air Toxic Standards (“MATS”) rule. 

On February 3, 2012, FERC interpreted a key reliability standard to clarify what types of relay and communication equipment should be subject to internal testing and audit procedures. FERC directed NERC to do further work regarding the inclusion of the certain reclosing relays and DC control circuitry in maintenance, testing, and internal audit programs.

On January 25, 2012, the California Independent System Operator Corporation (“California ISO”) filed a petition with FERC to waive section 43.2.6(3) of their tariff to permit the CAISO to issue a Capacity Procurement Mechanism (“CPM”) designation related to a Calpine Corporation (“Calpine”)  facility.  California ISO seeks to prevent the May 2012 retirement of Calpine’s Sutter Energy Center (“Sutter”), an air-cooled, combined cycle, 525 MW facility.

On January 26, 2012, the Blue Ribbon Commission on America’s Nuclear Future (“Blue Ribbon Commission”) released a Report to the Secretary of Energy recommending a plan on multiple topics related to U.S. nuclear waste disposal.  The federal commission, created by President Obama, was tasked with finding solutions to the political impasse related to the use of the Yucca Mountain facility in Nevada.

On January 30, 2012, FERC staff issued a notice of alleged violations against Constellation Energy Commodities Group, Inc. (“CCG”).  FERC staff alleges that CCG violated the Commission’s rules against market manipulation and the Commission’s market behavior rules governing communication.