On February 14, 2011, FERC issued an order directing staff to initiate an inquiry into outages and disruptions of service in Texas and the Southwest in early February 2011 (the “Order”).
2012 Budget for DOE Remains a Contested Issue
On February 14, 2011, President Barack Obama unveiled the Budget of the United States Government, Fiscal Year 2012 (the “2012 Budget”), which proposed a 12 percent increase in funding for the Department of Energy (“DOE”).
FERC Submits Fiscal Year 2012 Budget Request
On February 14, 2011, the Commission submitted their Fiscal Year (“FY”) 2012 Budget Request for $304,600,000. The budget request represents a 2.8 percent increase over the 2010 actualized numbers, and that amount equals $8,303,000. The oil industry is the one industry to show a decrease in the Commission budget allotment, and it dropped by 0.6 percent or $7,656,000 for FY 2012.
House Holds Hearings on Climate Bill – Troutman Partner Glaser Testifies
On February 9, 2011, the Subcommittee on Energy and Power of the House Energy and Commerce Committee held hearings on a draft bill authored by full Committee Chairman Fred Upton (D. Mich.) that would revoke EPA authority to regulate greenhouse gases (“GHGs”) under the Clean Air Act (“CAA”).
NERC Files Administrative Citation Notice of Penalty
On January 31, 2011 the North American Electric Reliability Corporation (“NERC”) filed its first Administrative Citation Notice of Penalty (“NOP”), at the Federal Energy Regulatory Commission (“FERC” or the “Commission”). In addition to the Administrative Citation NOP, NERC also filed 22 individual NOPs.
Department of Energy Inspector General Releases Report on FERC and Cyber Security
On January 26, 2011, the Inspector General of the Department of Energy (“DOE IG”) released an audit report on the Federal Energy Regulatory Commission’s (“FERC” or the “Commission”) Monitoring of Power Grid Cyber Security” (the “Report”).
D.C. Circuit Denies Petition for Review Regarding The PJM Reliability Pricing Model
On February 8, 2011, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit” or the “court”) denied a petition for review filed by the Maryland Public Service Commission and New Jersey Board of Public Utilities (together, “Petitioners”).
Administration Announces New Offshore Wind Plan
On February 7, 2011, the Department of Energy (“DOE”) and Department of the Interior (“Interior”) announced a joint strategic plan entitled the National Offshore Wind Strategy: Creating an Offshore Wind Industry in the United States in order to accelerate the deployment of offshore wind and decrease cost.
Ninth Circuit Vacates Transmission Congestion Study/NIETC Designations
On February 1, 2011, the United States Court of Appeals for the Ninth Circuit (the “Ninth Circuit”) decided that the Department of Energy (“DOE”) failed to consult with affected states when conducting their congestion study as part of section 216 of the Federal Power Act (“FPA”), and the designations of the Mid-Atlantic Area National Corridor (“Mid-Atlantic Corridor”) and the Southwest Area National Corridor (“Southwest Corridor”) were arbitrary and capricious.
PJM Power Providers File FERC Complaint Over New Jersey Law
On February 1, 2011, PJM Power Providers Group (“P3”), an association of 12 energy suppliers in the PJM Interconnection, L.L.C. (“PJM”) region, filed a complaint against PJM at the Federal Energy Regulatory Commission (“FERC”).