On July 6, 2009, CPV Maryland, LLC (“CPV”) filed a motion with the Maryland Public Service Commission (“Maryland PSC”) to order one or more utilities to negotiate long-term contracts for all the capacity and energy from CPV’s St. Charles Project. CPV has requested that the Maryland PSC issue an order within 60 days. The motion is likely to be challenged by several parties in Maryland’s competitive wholesale and retail market.

On July 10, 2009, the North American Electric Reliability Corporation (“NERC”) filed with the Federal Energy Regulatory Commission (“FERC” or “Commission”) four notices of penalties with a proposed total of $75,000 in fines for violations of mandatory reliability standards. A fifth notice of violation did not include a financial penalty. All of the companies are also implementing mitigation plans.

On June 23, 2009, the U.S. Court of Appeals for the District of Columbia Circuit (“DC Circuit”) upheld the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) ruling that it had the authority to approve installed capacity requirements for ISO New England, Inc. (“ISO New England”).

Reversing a 2008 decision by the Bush Administration, the new Obama Environmental Protection Agency (“EPA”), lead by EPA Administrator Lisa Jackson, has now approved California’s request for the authority to regulate greenhouse gas emissions from new automobiles. The decision allows California to implement standards it adopted in 2005 that are more stringent than current federal requirements.

On June 19, 2009, the National Association of State Utility Consumer Advocates (“NASUCA”) released a report that recommended changes to the governing structures of regional transmission organizations (“RTOs”) and independent system operators (“ISOs”). The report was prepared by a NASUCA special committee, and has since been adopted by resolution of NASUCA members.

Longleaf Energy Associates v. Friends of the Chattahoochee, the Georgia case that last year became the first legal authority in the nation for imposing carbon dioxide (CO2) limits on power plants, was overruled on Tuesday. The Georgia Court of Appeals reversed the Fulton County Superior Court decision that vacated Longleaf’s permit for a new coal-fired power plant in south Georgia. The Court of Appeals decision represents a significant victory for industry on a number of important points of law.

On Monday, House Democrats released a revised 1,200 page energy bill, clearing the way for a possible floor vote on HR 2454, The American Clean Energy and Security Act of 2009, as early as today. As of press time, the House voted to bring the bill to the floor by a vote of 217 to 205 but has just begun debate.

Congressional maneuvering during the past few weeks has dramatically altered the landscape for pending and proposed transportation legislation. Before June, legislation that would eliminate the nation’s freight railroads’ antitrust exemptions was moving swiftly through Congress as the Railroad Antitrust Enforcement Act of 2009 (introduced as S. 146 and H.R. 233).

On April 24, 2009, the Federal Energy Regulatory Commission (“Commission” or “FERC”) approved a wind transmission cost allocation proposal by the Southwest Power Pool, Inc. (“SPP”), designed to reduce barriers to integrating wind power in the region and thereby expand the availability of wind generation resources.