On June 16, 2011, Representative Anthony Weiner (D-NY) announced his decision to resign his seat from the U.S. House of Representatives. This announcement comes after weeks of scandal and calls for his resignation, including from President Barack Obama. Weiner’s resignation opens up one of 23 Democratic seats on the House
FERC Release NOI on Ancillary Services and Electric Storage
On June 16, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) released a Notice of Inquiry (“NOI”) asking for comments on how to develop competition in ancillary markets and how to expand the use of electric storage technology.
EPA Considers Request to Extend Utility MACT Rule Comment Period
Twenty-seven House Democrats, led by former House Energy and Commerce Chairman John Dingell (D-MI), have asked the U.S. Environmental Protection Agency (“EPA”) to provide the public an additional two months to comment on the so-called Utility MACT rule.
EPA Targets Regional Haze
The U.S. Environmental Protection Agency (“EPA”) took three recent actions that bring renewed emphasis to the Agency’s regional haze program.
FERC Denies Appeal of Wind Facilities Requesting to Not be Considered Transmission Owners and Operators
On June 16, 2011, FERC denied the appeals of Cedar Creek Wind Energy, LLC (“Cedar Creek”) and Milford Wind Corridor Phase I, LLC (“Milford”) because the Western Electricity Coordinating Council (“WECC”) registered both wind facilities as transmission owners and operators, subjecting the facilities to mandatory reliability standards.
California District Court of Appeal Temporarily Stays Decision that Halted CARB’s Cap-and-Trade Program
On June 3, 2011, the California 1st District Court of Appeal (“Appeals Court”) granted consideration of the California Air Resources Board’s (“CARB”) petition to overturn the decision of Judge Ernest Goldsmith of the San Francisco Superior Court of California (see May 27, 2011 edition of the WER).
FERC Proposes Communication with DOJ
On June 6, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) released a Notice of Proposed Communications with the Department of Justice (“DOJ”). This action was prompted by the potential merger of Duke Energy Corporation and Progress Energy, Inc. (see January 13, 2011 edition of the WER).
House Energy and Commerce Committee Considers Reverse Auction Approach to Support Renewable Generation
On June 3, 2011, the United States House of Representatives Committee on Energy and Commerce, Subcommittee on Energy and Power, held a hearing on H.R. 909, A Roadmap for America’s Energy Future, sponsored by Representative Devin Nunes (R-CA). While H.R. 909 includes provisions that address issues like the Outer Continental Shelf, oil shale, nuclear concerns, the Arctic National Wildlife Refuge (“ANWR”), and Environmental Protection Agency’s Greenhouse Gas regulations, much of the discussion during the hearing focused on the reverse auction proposal contained in the bill.
FERC Issued Order on Rehearing in Entergy System Capacity Costs Case
On June 9, 2011, the Commission issued its order on rehearing in Docket Nos. EL00-66 and EL95-33 regarding whether the Commission should order refunds under section 206 of the Federal Power Act (“FPA”) to correct misallocations of Entergy System capacity costs (the “June 9 Order”).
FERC Accepts and Suspends PJM’s Proposed Demand Response Changes; Will Hold Technical Conference
On June 3, 2011, FERC issued an order (the “Order”) accepting and suspending PJM Interconnection L.L.C.’s (“PJM”) proposed revisions to its Open Access Transmission Tariff (“OATT”) and Reliability Assurance Agreement Among Load Serving Entities in the PJM Region (“Reliability Assurance Agreement”). In its Order, the Commission accepted and suspended PJM’s proposed changes for a five month period, to be effective November 7, 2011, subject to refund, and to the outcome of a technical conference and a further order of the Commission.