On December 29, 2011, the Federal Energy Regulatory Commission (“FERC or Commission”) issued an order clarifying its policy regarding amendments to pending Federal Power Act (“FPA”) Section 205 rate schedule filings, tariff filings, or service agreement filings. Mississippi Power Company, 137 FERC ¶ 61,241 (2011)
FERC and NARUC Launch Reliability Forums in Wake of New EPA Regulations
On January 4, 2012, FERC and the National Association of Regulatory Utility Commissioners (“NARUC”) announced they will host three forums on reliability issues facing the electric utility industry with the issuance of new Environmental Protection Agency (“EPA”) emissions requirements. (See December 5, 2011 edition of the WER) The three reliability forums will coincide with three annual NARUC meetings, and the forums stem from a recent NARUC resolution that called for collaboration with EPA and FERC to address reliability concerns.
Troutman Sanders to Hold Webinar on Utility MACT Rule, CSAPR Stay and Electric Reliability Obligations
On January 19, 2012 from 3:00pm – 4:00pm, Troutman Sanders will host a webinar presentation on the Utility Maximum Achievable Control Technology (“MACT”) Rule, the Cross State Air Pollution Rule (“CSAPR”) Stay and the obligation to comply with grid reliability standards.
FERC Rejects Duke-Progress Mitigation Proposal in Merger Proceeding
On December 14, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) rejected a market power mitigation filing by Duke Energy Corporation (“Duke”) and Progress Energy Inc. (“Progress”) (together the “Applicants”) in connection with their proposed merger.
Troutman Sanders Holds Webinar on FERC’s Recent Use of 211A Authority
On December 15, 2011, Troutman Sanders held a webinar discussion of FERC’s recent order directing Bonneville Power Administration (“BPA”) to file an Open Access Transmission Tariff pursuant to Federal Power Act Section 211A authority. (See December 12, 2011 edition of the WER)
MISO Receives Approval of 215 New Transmission Projects
On December 8, 2011, the Midwest Independent Transmission System Operator, Inc.’s (“MISO”) Board of Directors approved MISO’s Transmission Expansion Plan 2011 (“MTEP11”). The plan includes 215 new transmission infrastructure projects and was developed over an 18 month period.
FERC Approves Agreement Allowing Nevada Coop to Eventually Join CAISO
On December 14, 2011, FERC approved a transition agreement between the California Independent System Operator Corporation (“CAISO”) and Valley Electric Association, Inc. (“Valley Electric”), a Nevada electric cooperative.
EPA Releases Final SO2 Emissions Limits on Oklahoma Plants
On Tuesday, December 13th, the Environmental Protection Agency (“EPA”) released its final Federal Implementation Plan (“FIP”) to impose new sulfur dioxide (SO2) emission limits on six coal-fired electric generating units in Oklahoma.
Commissioner Marc Spitzer Leaves FERC
On December 12, 2011, FERC Commissioner Marc Spitzer announced that effective December 14, 2011, he would be leaving the Commission. At the December 15, 2011 FERC Monthly Meeting, Chairman Jon Wellinghoff, and the other commissioners thanked Commissioner Spitzer for his service.
FERC Directs Bonneville Power Administration to File an OATT Pursuant to New Statutory Authority
On December 7, 2011, the Federal Energy Regulatory Commission (“FERC or the “Commission”) issued an order directing the Bonneville Power Administration (“Bonneville”) to file revisions to its Open Access Transmission Tariff (“OATT”) to provide for transmission service on terms and conditions that are comparable to those under which Bonneville provides service to itself and that are not unduly discriminatory or preferential.