On December 7, 2010, AGL Resources Inc. (“AGL”) and Nicor Inc. (“Nicor”) announced that Nicor will merge with an AGL subsidiary to form one of the largest natural gas distribution companies in the United States.

On Friday, September 10, 2010, the Commodity Futures Trading Commission (“CFTC”) issued a notice that the agency had decided not to issue a one-year exemption as grandfathered relief for bilateral exempt commodity swaps (“bilateral swaps”) operating under the current exemption pursuant to the Commodity Exchange Act (“CEA”).  The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) as implemented, deletes this exemption provision from the CEA as of July 15, 2011, but the Dodd-Frank Act did give the CFTC the discretion to grant grandfather relief to parties.

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”). 

On July 23, 2009, the Commission’s Enforcement Litigation Staff (“Staff”), Amaranth Advisors LLC (“Amaranth”), and one of Amaranth’s two former gas traders filed a new settlement in its high-profile enforcement case. The Commission previously rejected a settlement submitted by the parties earlier this year (See February 20, 2009 edition of the WER).

On July 20, 2009, Entergy Services, Inc. (“Entergy”) submitted comments indicating that it will consider becoming a member of the Southwest Power Pool (“SPP”). Entergy’s filing addressed issues raised during the Joint FERC and State Regulator Conference held on June 24, 2009, in Charleston, South Carolina.

On July 16, 2009, the Western Area Power Administration (“WAPA”) and an LS Power affiliate, Great Basin Transmission LLC (“Great Basin”), announced that they have entered into a memorandum of understanding (“MOU”) where WAPA may partner with Great Basin to develop the Southwest Intertie Project (“SWIP”). While the MOU will not affect Great Basin’s current open season for SWIP, a partnership with WAPA could allow construction to start while arrangements for the sale of capacity to third-party shippers are being negotiated.