On November 10, 2011, the California Public Utilities Commission (“CPUC”) issued a decision regarding Pacific Gas and Electric Company’s (“PG&E”) petition for modification of decision 10-02-032, regarding implementation of dynamic pricing rates for residential and small/medium agricultural and commercial customers. 

On November 3, 2011, the Director of the Office of Energy Projects for FERC issued a delegated order dismissing the uncontested application of Pivotal LNG, Inc. (“Pivotal”) for a limited jurisdiction blanket transportation certificate, under section 7(c) of the Natural Gas Act (“NGA”), in order to own and operate a liquefied natural gas (“LNG”) facility in support of its non-jurisdictional LNG fuel business.

On November 10, 2011, it was announced that former Representative Rick Boucher (D-Va.), former FERC Chairman Curt Hebert Jr., and Allison Clements, director of the Project for Sustainable FERC Energy Policy at the Natural Resources Defense Council will lead a new Bipartisan Policy Center panel.  

On October 28, 2011, White House Chief of Staff, William Daley, announced that there will be an independent analysis of the Department of Energy (“DOE”) loan portfolio, and particularly more than two dozen renewable energy loans and loan guarantees made by the DOE program. 

In a case that highlights some of the regulatory challenges presented by shifts in the nation’s generation mix, on October 20, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) accepted Puget Sound Energy, Inc.’s (“Puget”) proposed Schedules 3 and 13 concerning rates for Regulation and Frequency Response Service, but suspended them for a five-month period, to become effective January 5, 2012, subject to refund, and set them for hearing and settlement judge procedures.

On October 28, 2011, the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit) vacated and remanded the Federal Aviation Administration’s (“FAA”) “No Hazard” determinations for the Cape Wind Associates’ proposed wind farm off of the Nantucket Sound (“Cape Wind project”).  The DC Circuit ruling is another major setback to the Cape Wind project that had its loan program put on hold earlier this year by the Department of Energy (see May 23, 2011 edition of the WER).