On April 16, 2012, FERC approved an application filed by Cheniere Energy Inc.’s subsidiaries Sabine Pass Liquefaction, LLC and Sabine Pass LNG, L.P. (collectively “Sabine Pass”) to site, construct, and operate a liquefied natural gas (“LNG”) export facility in Cameron Parish, Louisiana. Separately, the Commission released an order vacating Jordan Cove Energy Project, L.P.’s (“Jordan Cove”) December 17, 2009 authorization to build an LNG import terminal in Coos County, Oregon.
FERC News
DC Circuit Sides with Mobil’s Pegasus Pipeline in Market-Based Rate Proceeding
On April 17, 2012, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) found unreasonable FERC’s decision to deny Mobil Pipeline Company’s (“Mobil”) application to charge market-based rates on its crude oil pipeline, Pegasus.
FERC Issues Notice of Inquiry on Open Access and Priority Rights on Interconnection Facilities
On April 19, 2012, FERC issued a Notice of Inquiry (“NOI”) on the open access and priority rights associated with capacity on interconnection facilities. The NOI is a direct result of a March 2011 technical conference.
FERC Staff Presents 2011 State of the Markets
On April 19, 2012, FERC’s Office of Enforcement presented its 2011 State of the Markets report at FERC’s monthly meeting. The State of the Markets report is an annual presentation of staff’s assessment of natural gas, electric, and other energy markets.
FERC Grants PJM’s Declaratory Order
On April 6, 2012, FERC granted a petition for declaratory order filed by PJM Interconnection LLC (“PJM”) regarding the allocation of costs associated with phase angle regulators (“PARs”) installed within the Midwest Independent Transmission System Operator, Inc. (“MISO”).
Duke-Progress Respond to Additional Requests from FERC
On April 14, 2012, Duke Energy Corporation (“Duke Energy”) and Progress Energy, Inc. (“Progress Energy”) submitted their response to FERC’s April 10, 2012 request for additional information regarding the companies’ proposed merger.
FERC Releases Order on PJM Cost Allocation
On March 30, 2012, FERC issued an order on remand from the United States Court of Appeals for the Seventh Circuit (“7th Circuit”) regarding the appropriate cost allocation methodology for large transmission projects in the PJM Interconnection, L.L.C. (“PJM”) region. FERC reaffirmed its decision to approve PJM’s postage stamp rate that socialized the cost of high-voltage projects to the entire RTO.
FERC Conditionally Approves MISO’s Queue Reform
On March 30, 2012, FERC conditionally approved a proposal from the Midwest Independent System Operator (“MISO”) to revise its interconnection queue procedures. The new procedures are designed to address backlogs and late-stage terminations of generation interconnection agreements. FERC approved the new procedures to take effect on January 1, 2012.
PJM Proposes Changes to Wind Resource Compensation, Market Monitor Disagrees
On April 2, 2012, PJM made a filing with FERC proposing to change its Operating Agreement in an effort to align compensation provided to wind generators for “lost opportunity costs” with the compensation currently offered to conventional generating resources.
FERC Staff Issues Notice of Alleged Violations Against Barclays Bank and Individual Traders
On April 5, 2012, FERC Staff issued a Notice of Alleged Violations against Barclays Bank PLC (“Barclays”) and individual traders Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith.