On March 29, 2011, the California Assembly passed Senate Bill X1-2, approving a 33 percent renewable portfolio standard (“RPS”) for the state.
Mayor Bloomberg Urges the Commission to Reconsider Approval of NYISO Capacity Demand Curves
On March 25, 2011, Mayor of New York Michael Bloomberg submitted a letter to Chairman Jon Wellinghoff of the Federal Energy Regulatory Commission (“FERC” or the “Commission”), urging the Commission to reconsider its January 28, 2011 Order in Docket No. ER11-2224 approving new capacity demand curves for the New York Independent System Operator, Inc. (“NYISO”).
EPA Issues Proposed Cooling Water Intake Rule
On March 28, 2011, the Environmental Protection Agency (“EPA”) published a new proposed cooling water intake rule for existing power plants and manufacturing facilities to be implemented through National Pollutant Discharge Elimination System permits.
Troutman Partner Glaser Testifies Before Congress on Greenhouse Gas Issue
On March 31, 2011, Peter Glaser, Chair of Troutman Sanders’ climate change team, testified before the House Committee on Science, Space, and Technology, which held hearings entitled “Climate Change: Examining the Processes Used to Create Science and Policy.”
Bingaman and Murkowski Ask for Input on Clean Energy Standard
On March 21, 2011, Senators Jeff Bingaman (D-NM) and Lisa Murkowski (R-AK) released a white paper asking for input on a clean energy standard (“CES”).
NRC Response to Japanese Nuclear Crisis
On March 21, 2011, the Nuclear Regulatory Commission (“NRC”) held a meeting to discuss the Japanese nuclear crisis and review safety procedures within the United States.
California Superior Court Orders CARB to Complete Scoping Plan Before Implementing Greenhouse Gas Regulations
On March 18, 2011, California Superior Court Judge Ernest Goldsmith issued a final statement of decision against the California Air Resources Board (“CARB”) that halted further implementation of greenhouse gas (“GHG”) regulations under Global Warming Solutions Act of 2006 (“AB 32”), until another “scoping plan” is completed.
FERC Gives Insight On NOP Reviews
On March 17, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) affirmed an original $80,000 North American Electric Reliability Corporation (“NERC”) proposed penalty against Turklock Irrigation District (“Turlock”) for an outage caused by vegetation management, specifically reviewing the Notice of Penalty (“NOP”) for FAC-003-1 R2 (see March 5, 2010 edition of the WER).
Chairman Wellinghoff Writes Letter to Senate & House Detailing Cybersecurity Efforts
On March 10, 2011, FERC Chairman Jon Wellinghoff sent letters to Senators Joe Lieberman (I–CT) and Susan Collins (R–ME), the chair and ranking member of the Senate Committee on Homeland Security and Governmental Affairs, and to Representatives Darrell Issa (R–CA) and Elijah Cummings (D–MD), the chairman and ranking member of the House Committee on Oversight and Government Reform, detailing the actions taken by FERC in response to cybersecurity concerns and challenges to the smart grid system.
Bill to Prevent EPA from Regulating GHG Emissions Passes Full House Committee
On March 16, 2011, the full House Energy and Commerce Committee passed Committee Chairman Upton’s (R-Mich.) bill designed to strip the Environmental Protection Agency (“EPA”) of its rulemaking authority over greenhouse gas (“GHG”) emissions. Committee Republicans and three Democrats, Reps. Jim Matheson (D-Utah), John Barrow (D-Ga.) and Mike Ross (D-Ark.), voted for the bill.