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.

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”).