According to the latest data released by the U.S. Energy Information Administration (“EIA”) Renewable Energy is becoming a larger part of domestic energy production in the United States. EIA publishes a Monthly Energy Review (the “Review”) which examines the latest figures regarding all sources of energy.
EPA Announces Deferral on GHG Permitting for Biomass Industries
On January 12, 2011, the Environmental Protection Agency (“EPA”) announced that biomass-fired sources will be able to receive a three year deferral on greenhouse gas (“GHG”) permitting requirements for CO2 emissions.
Supreme Court Will Not Review Comer v. Murphy Oil
On January 10, 2010, the United States Supreme Court (“Supreme Court”) stated that it will not review the Comer v. Murphy Oil case, which is a class-action suit against energy, fossil fuel and chemical companies doing business in Mississippi
Duke Energy and Progress Energy will Merge to Create Nation’s Largest Electric Utility
On January 10, 2011, Duke Energy and Progress Energy, Inc. (“Progress Energy”) announced the companies had entered into a merger agreement which, if consummated, will create the largest electric utility in the United States.
FERC Commissioners Send Letter to the Wall Street Journal
On January 10, 2011, the five current Commissioners at the Federal Energy Regulatory Commission (“FERC” or the “Commission”) sent a joint letter (the “January 10th Letter”) to the Wall Street Journal (the “Journal”) in response to a December 30, 2010 editorial called “The Midwest Wind Surtax” (the “December 30th Editorial”).
Year Ends with Increase in Greenhouse Gas Regulation and Environmental Litigation
GHG Regulation under PSD and Title V
On December 23, 2010, the Environmental Protection Agency (“EPA”) released six more rules designed to make sure that all areas of the country are, or will be, covered by a Clean Air Act program that includes permitting requirements for greenhouse gas (“GHG”) emissions in accordance with EPA’s Tailoring Rule.
FERC Articulates New Policy to Apply Nexus Test for Transmission Rate Incentives
On December 30, 2010, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued two separate but related orders (the “December 30, 2010 Orders”) on transmission rate incentives under sections 205 and 219 of the Federal Power Act (“FPA”) and Order No. 679.
Upton Selects House Energy Subcommittee Chairs and Vice-Chairs
On December 15, 2010, House Energy and Commerce Committee Chairman Fred Upton (R-MI) announced the members who will lead six different subcommittees. Upton also announced that Joe Barton (R-TX) will serve as the Chairman Emeritus for the Committee, and Vice Chair of the Energy and Commerce Committee will be Sue Myrick (R-NC).
FERC Accepts Midwest ISO Transmission Cost Allocation Filing and California ISO Transmission Planning Filing
On December 16, 2010, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) approved the Midwest Independent Transmission System Operator, Inc.’s (“Midwest ISO”) proposal to socialize costs for the entire region.
FERC Moves Forward on Several Reliability Standards
On December 16, 2010, FERC released several orders on reliability that showed aggressive progress for several reliability standards. FERC proposed approval for several reliability standards for the Western Electric Coordinating Council (“WECC”) through two separate orders.