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. 

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. 

On May 27, 2010, Senator Tom Harkin (D-IA) asked the Senate for en banc unanimous consent to confirm over one hundred nominees to various positions in federal agencies, the courts, and the military.  Harkin’s request included Federal Energy Regulatory Commission nominee Cheryl LaFleur and sitting Commissioner Philip Moeller  (see March 12, 2010 edition of the WER).

Numerous industry groups, business associations, environmental advocacy groups and public interest organizations have petitioned the U.S. Court of Appeals for the District of Columbia Circuit to review EPA’s reconsideration of the so-called “Johnson Memorandum.”  In its reconsideration, EPA determined that greenhouse gases (“GHGs”) would be subject to regulation under the Prevention of Significant Deterioration (“PSD”) and Title V permit programs as of January 2, 2011.  In the related tailoring rule, which was published in the Federal Register on Thursday, EPA established a process for phasing in PSD and Title V requirements, including the requirement to do Best Available Control Technology for GHGs, beginning on January 2, 2011.