On April 8, 2011, the Midwest Independent System Operator, Inc. (“MISO”) filed a petition for Declaratory Order (“Petition”) from the Federal Energy Regulatory Commission (“FERC” or the “Commission”) that the terms of the Joint Operating Agreement (“JOA”) currently in effect between MISO and the Southwest Power Pool (“SPP”) concerning sharing of transmission capacity on a common path will remain applicable to Entergy Arkansas, Inc. (“Entergy”) if Entergy becomes a transmission-owning member of MISO.
ATC and Duke Announce Joint Transmission Venture
By Troutman Pepper Locke on
Posted in Uncategorized
On April 13, 2011, American Transmission Co. (“ATC”) and Duke Energy (“Duke”) announced the joint venture of Duke-American Transmission Co. (“DATC”) to build and operate new transmission projects in North America. DATC will own and operate all assets built by the joint venture, and equity ownership will be split equally by Duke and ATC.
CFTC and FTC to Work Together on Energy Investigations
By Troutman Pepper Locke on
Posted in Uncategorized
On April 12, 2011, the Commodity Futures Trading Commission (“CFTC”) and the Federal Trade Commission (“FTC”) announced that the agencies have signed a memorandum of understanding (“MOU”) to work together and share information on non-public energy investigations. The CFTC and FTC were unanimous in approving the MOU.
FERC RTO Performance Metrics Report Shows No Price Drops for Consumers
By Troutman Pepper Locke on
Posted in Uncategorized
On April 7, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission) submitted a report on Performance Metrics for Independent System Operators (“ISOs”) and Regional Transmission Organizations (“RTOs”) (the “Report”).
EPA Allowed to Implement New SO2 Standards Pending Court Review
By Troutman Pepper Locke on
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On April 7, 2011, the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) denied a petition by industry groups and the states of North Dakota and Texas to stay implementation and enforcement of new stringent sulfur dioxide (“SO2”) emissions standards pending the court’s review of those standards.
Bills Curtailing EPA Authority are Stymied in the Senate but Pass the House; Future Measures Uncertain
By Troutman Pepper Locke on
Posted in Uncategorized
Votes on measures to greatly restrict EPA’s authority to regulate greenhouse gases (“GHG”) met different fates the week of April 4 through April 8 in the two chambers but reflected growing bipartisan support for such constraints.
Chairman Wellinghoff Hints At More Commission-Initiated Rate Investigations
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On April 6, 2011, FERC Chairman Jon Wellinghoff spoke at a roundtable with reporters about FERC rate investigations, among other topics.
FERC Abstains from Enforcement; Tells IOUs to take CPUC to Court For Relief
By Troutman Pepper Locke on
Posted in Uncategorized
On March 31, 2011, FERC issued a Notice of Intent Not to Act against the California Public Utilities Commission (“CPUC”) for not complying with the Public Utilities Regulatory Policies Act of 1978 (“PURPA”).
FERC Accepts SPP’s Price Floor for Energy Imbalance Service
By Troutman Pepper Locke on
Posted in Uncategorized
On March 28, 2011, FERC accepted the Southwest Power Pool Inc.’s (“SPP”) plan to establish an Offer Curve price minimum or “floor” of negative $1,000 per Megawatt hour (“MWh”) for the energy imbalance service (“EIS”) market.
President Obama Delivers Remarks on America’s Energy Security
By Troutman Pepper Locke on
Posted in Uncategorized
On March 30, 2011, President Barack Obama delivered remarks at Georgetown University on Energy Security, the United States’ dependence on foreign oil, the increase in natural gas production, a clean energy standard, and the use of nuclear power.