Business Developments

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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.

On Thursday, FPL Group, Inc. (“FPL”) announced that former FERC Chairman Joseph T. Kelliher will serve as the company’s Executive Vice President, Federal Regulatory Affairs. The newly created position will have Kelliher oversee all of FPL’s federal energy regulatory policy matters. Kelliher will report directly to FPL’s Chairman and CEO.

On April 16, 2009, President Barack Obama and President Felipe Calderon announced that the U.S. and Mexico would strengthen cooperation to achieve a low carbon future and promote clean energy resources by establishing the U.S.-Mexico Bilateral Framework on Clean Energy and Climate Change (“Framework”). Both Presidents agreed that the two nations need to work together to obtain the common goal of addressing global warming.

On Monday, several regional grid operators and organizations announced the Joint Coordinated System Plan (“JCSP”) report, which estimates that over $80 billion in new transmission is needed to support 20% of the electricity consumed in the eastern U.S. coming from wind generation. 20% is the wind energy contribution that the U.S. Department of Energy (“DOE”) recommended in its Eastern Wind Integration and Transmission Study.

On January 14, the Texas Commission on Environmental Quality (“TCEQ”) approved an order granting Waste Control Specialists, LLC (“WCS”) licenses to operate a new low-level radioactive waste (“LLRW”) disposal facility in West Texas. The Commissioners voted 2-0 to allow WCS to build the facility in Andrews County, near the New Mexico state line. A third commissioner abstained from the vote.