On February 28, 2011, the PJM Interconnection L.L.C. Board of Managers (“PJM Board”) instructed transmission owners to “suspend efforts” on the Potomac-Appalachian Transmission Highline (“PATH”).
NERC Forms Cyber Attack Task Force
On March 2, 2011, the North American Electric Reliability Corporation (“NERC”) announced the formation of a Cyber Attack Task Force to address what effects a coordinated cyber attack would have on the bulk power system.
EPA Releases Long-Awaited Emissions Standards for Boilers and Incinerators: Some Relief for Existing Solid Fuel Sources, Less So for Others
On February 23, 2011, the Environmental Protection Agency (“EPA”) released a package of rules to impose new emissions standards for industrial boilers and incinerators known as Maximum Achievable Control Technology (“MACT”).
FERC to Hold Technical Conference on Priority Rights to New Participant-Funded Transmission
On March 15, 2011 from 9:30 am to 4:00 pm, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) staff will hold a technical conference (the “Conference”) to consider issues related to “ownership of and priority access rights to new transmission projects.”
FERC General Counsel Submits Comments to CFTC
On February 22, 2011, Michael Bardee, General Counsel for FERC, submitted comments in response to the Commodity Futures Trading Commission’s (“CFTC”) Notice of Proposed Rulemaking (“NOPR”) on the elective exception to mandatory clearing for swaps under the Commodity Exchange Act (“CEA”).
Senator Bingaman Announces Retirement
On February 18, 2011, Senator Jeff Bingaman (D-NM) announced that he will not be seeking re-election for a sixth term in 2012. Senator Bingaman is the Chairman of the Senate Energy and Natural Resources Committee. Senator Ron Wyden (D-OR) is the next most senior Democrat on the panel.
FERC Issues an Order to Show Cause for Violation of Market Behavior Rules
On February 14, 2011, FERC issued an order to show cause (the “Order”) to Moussa I. Kourouma, d/b/a Quntum Energy LLM (“Quntum”) for alleged violations of the Commission’s regulations.
Transmission Cost Allocation Battle Moves To The Hill
On February 17, 2011, a bipartisan group of senators introduced the Electric Transmission Customer Protection Act that seeks to amend the Federal Power Act to ensure rates for power are assessed in proportion to measured reliability or economic benefit.
FERC Issues NOPR on Regulation Service & NOI on Locational Exchanges
At the February 17, 2011 meeting, FERC issued a Notice of Proposed Rulemaking (“NOPR”) on compensation for regulation service and a Notice of Inquiry (“NOI”) seeking comment on locational exchanges for wholesale power.
DC Circuit Vacates FERC’s Order on Midwest ISO’s Reactive Power Rates
On February 11, 2011, the United States Court of Appeals for the District of Columbia Circuit (“DC Circuit”) vacated FERC orders that approved the Midwest Independent Transmission System Operator, Inc.’s (“Midwest ISO’s”) Schedule 2-A (“Schedule 2-A”) of the region’s Open Access Transmission and Energy Markets Tariff (“tariff”) for being unduly discriminatory.