On January 13, 2010, the United States Supreme Court (“Supreme Court”) decision reversed the United States Court of Appeals for the D.C. Circuit (“DC Circuit”), holding that the Mobile-Sierra public interest standard applies to noncontracting parties.
FERC Conditionally Approves Plan to Help Streamline Transmission Upgrades in the Midwest
On December 31, 2009, FERC conditionally approved a proposal by the Midwest Independent Transmission System Operator, Inc. (“MISO”) to revise its Generator Interconnection Procedures.
Procedural Delay Sought for MAPP Transmission Project
On January 8, 2010, Pepco Holdings Inc. (“Pepco”) asked the Maryland Public Service Commission (“PSC”) to suspend their procedural schedule for the Mid-Atlantic Power Pathway transmission project (“MAPP”).
Google Applies for the Authority to Buy and Sell Power and Related Services
On December 23, 2009, Google Energy LLC (“Google Energy”), a wholly-owned subsidiary of Google Inc. (“Google”), applied for market-based rate authority from FERC.
Senate Confirms Norris to FERC
On December 24, 2009, the United States Senate confirmed the nomination of John Norris, a Democrat, as commissioner on the Federal Energy Regulatory Commission (“FERC” or the “Commission”).
EPA Proposes Significantly Lower Ozone NAAQS: Just How Low Remains to Be Seen
The Environmental Protection Agency (“EPA”) on January 6, 2010 announced a drastic lowering of the National Ambient Air Quality Standards (“NAAQS”) for ozone, or smog, but neglected to give a specific number for the new standards.
Alleghany, AEP Delay PATH Line Project
On December 29, 2009, Alleghany Energy Inc. (“Allegheny”) and American Electric Power Co. (“AEP”) announced that they are suspending the Virginia portion of their 270-mile high-voltage Potomac-Appalachian Transmission Highline project (“PATH Project”).
FERC Approves PJM’s Reforms to Wholesale Market, Changes to Independent Market Monitor
On December 18, 2009, FERC conditionally approved PJM Interconnection, L.L.C.’s (“PJM”) Order No. 719 compliance filing, which contained proposed revisions to the PJM tariff regarding organized wholesale electricity markets. The Commission also clarified the market power mitigation roles of PJM and Monitoring Analytics, PJM’s independent market monitoring unit (“MMU”), in the order.
FERC Rejects Army Corps’ Challenges on Complying with Reliability Standards
On January 5, 2010, FERC rejected the Army Corps of Engineers’ (the “Army Corps”) petition for rehearing as untimely and upheld its ruling that the Corps must comply with mandatory standards developed by the North American Electric Reliability Corporation (“NERC”).
Four States Form Retail Regulatory Committee to Oversee Entergy
On December 17, 2009, regulators of Energy Corp.’s retail operations announced the formation of the Entergy Regional State Committee (“E-RSC” or “Committee”), comprised of regulators from the Arkansas Public Service Commission, Louisiana Public Service Commission, Mississippi Public Service Commission, the Public Utility Commission of Texas, and the City of New Orleans’ City Council.