On March 16, 2012, FERC Chairman Jon Wellinghoff spoke at the GreenBiz Energy Group Verge conference. During a post-speech interview he stated “[t]he traditional utility is either going to have to change or die.” Wellinghoff noted during the interview that this statement is an attempt to clarify an earlier comment where Wellinghoff categorized utilities as “dinosaurs.”
FERC News
Duke and Progress File Revised Mitigation Proposal with FERC
By Troutman Pepper Locke on
Posted in Uncategorized
On March 26, 2012, in an attempt to gain approval of their merger, Duke Energy Corp. (“Duke”) and Progress Energy, Inc. (“Progress”) (together, “Applicants”) filed a revised market power mitigation proposal (“Proposal”) with FERC.
California ISO Approves 2011-2012 Transmission Plan
By Troutman Pepper Locke on
Posted in Uncategorized
On March 23, 2012, the California Independent System Operator Corporation (“California ISO”) approved its “2011-2012 Transmission Plan” which identifies thirty projects needed to maintain reliability.
FERC Grants LDC Blanket Certificate in Order to Help Deliver Shale Gas to Interstate Markets
By Troutman Pepper Locke on
Posted in Uncategorized
On March 27, 2012, FERC’s Division of Pipeline Regulation issued a Delegated Order granting Hope Gas, Inc. (“Dominion Hope”), a local distribution company (“LDC”) and Hinshaw pipeline, a limited jurisdiction blanket certificate to transport gas in interstate commerce.
Senate Committee on Energy & Natural Resources Holds Hearing on Norris and Clark Confirmation
By Troutman Pepper Locke on
Posted in Uncategorized
On March 20, 2012, the Senate Committee on Energy & Natural Resources held a hearing to consider the nominations of four individuals: Adam Sieminski, to be the Administrator of the Energy Information Administration, Marcilynn Burke to be an Assistant Secretary of the Interior, Anthony Clark to be a member of FERC, and John Norris to be a member of FERC.
Bonneville Files Oversupply Management Protocol in Federal Power Act 211A Complaint Proceeding Before FERC
By Troutman Pepper Locke on
Posted in Uncategorized
On March 6, 2012, the Bonneville Power Administration (“Bonneville” or “BPA”) submitted an Oversupply Management Protocol (“OMP”) as part of its compliance filing in response to the Federal Energy Regulatory Commission’s (the “Commission” or “FERC”) December 7, 2011 Order which found that BPA engaged in unduly discriminatory curtailment practices and directed BPA to file an OATT pursuant to Federal Power Act Section 211A.
PJM Seeks Declaratory Order on Liability for RTOs due to Recent Lawsuit
By Troutman Pepper Locke on
Posted in Uncategorized
On March 12, 2012, the PJM Interconnection, L.L.C. (“PJM”) filed a petition with FERC asking to clarify the negligence standard applicable to Regional Transmission Organizations’ (“RTOs”) execution of planning and reliability functions.
FERC Approves NERC’s “Find, Fix, Track and Report” Proposal
By Troutman Pepper Locke on
Posted in Uncategorized
On March 15, 2012, FERC issued an order conditionally approving the North American Electric Reliability Corporation’s (“NERC”) “Find, Fix, Track and Report” (“FFT”) proposal. The FFT is an enforcement approach that would treat “low-risk” reliability standard violations differently than more serious violations.
Constellation Agrees to Pay Record $245 Million Penalty
By Troutman Pepper Locke on
Posted in Uncategorized
In what appears to be the most significant enforcement action in its history, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) on Friday, March 9 approved a Stipulation and Consent Agreement with Constellation Energy Commodities Group (“Constellation”) that imposes a record civil penalty of $135 million and requires the disgorgement of $110 million in unjust profits.
SPP Files New “Integrated Marketplace” Tariff Revisions
By Troutman Pepper Locke on
Posted in Uncategorized
On February 29, 2012, Southwest Power Pool, Inc. (“SPP”) filed tariff revisions to implement a new integrated marketplace for the region, moving SPP to a locational marginal price (“LMP”) energy markets model, like PJM and the other established regional transmission organizations (“RTOs”).