On June 17, 2010, Thomas Sheets, the General Counsel of FERC, announced a new unit at FERC to assist with legal issues regarding reliability. The announcement came during FERC’s June monthly meeting.
FERC Issues Rulemaking on Transmission Cost Allocation; Approves SPP Plan
On June 17, 2010, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) unanimously approved the Notice of Proposed Rule Rulemaking (“NOPR”) on Transmission Planning and Cost Allocation by Transmission Owning and Operating Public Utilities at FERC’s monthly meeting. The NOPR seeks to build on Order No. 890, Preventing Undue Discrimination and Preference in Transmission Service.
EPA Releases Analysis of Kerry-Lieberman Climate Change Bill
On June 15, 2010, the Environmental Protection Agency (“EPA”) released its analysis of the American Power Act of 2010, sponsored but not yet formally introduced by Senators John Kerry (D-MA) and Joe Lieberman (I-CT).
Environmental Coalition Seeks EPA Regulation of Coal Mine Emissions
On June 15, 2010, a coalition of environmental groups filed a petition with EPA seeking a rulemaking that would list coal mines as a stationary source of emissions under Section 111 of the Clean Air Act.
President Obama Pushes for New Energy Legislation during Oval Office Address
On June 15, 2010, President Obama gave an Oval Office speech on the BP oil spill. The President used the devastating effects of the spill as an impetus to call on the country to transition towards energy independence and the use of “clean energy.”
FERC Clarifies Reporting Requirements for Natural Gas Transactions
On Thursday June 17, 2010, FERC issued a clarification order regarding the terms and features of Form No. 552, the annual report for natural gas transactions (Transparency Provisions of Section 23 of the Natural Gas Act, Order No. 704-C, 131 FERC ¶ 61,246 (2010) (“Order No. 704-C”)).
FERC Requests Comments on New Electric Storage Technologies
On June 11, 2010, FERC released its Request for Comments Regarding Rates, Accounting, and Financial Reporting for New Electric Storage Technologies (the “Request”). In particular, FERC wants comments on how to develop a rate policy that allows storage technologies flexibility while complying with the Federal Power Act.
Murkowski Resolution Defeated
On June 10, 2010, the Murkowski Resolution to disapprove EPA’s endangerment finding on greenhouse gases (“GHG”) was defeated in the Senate by a vote of 47-53. All Senate Republicans and six Senate Democrats voted in favor of the resolution.
Lugar Introduces New Energy and Climate Bill
On June 9, 2010, Senator Dick Lugar (R-IN) introduced an energy legislation alternative to the Kerry-Lieberman and Waxman-Markey bills, entitled the “Practical Energy and Climate Plan” (S. 3464).
FERC Rejects Midwest ISO’s Capacity Plan Again
On June 18, 2010, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) rejected the resource adequacy compliance filing by the Midwest Independent Transmission System Operator, Inc. (“Midwest ISO”) for failing to develop a permanent approach to congestion that limits aggregate delivery. In rejecting the filing, FERC again ordered the Midwest ISO to consider using location-specific capacity requirements in its resource adequacy plan.