On February 3, 2012, FERC interpreted a key reliability standard to clarify what types of relay and communication equipment should be subject to internal testing and audit procedures. FERC directed NERC to do further work regarding the inclusion of the certain reclosing relays and DC control circuitry in maintenance, testing, and internal audit programs.

On January 25, 2012, the California Independent System Operator Corporation (“California ISO”) filed a petition with FERC to waive section 43.2.6(3) of their tariff to permit the CAISO to issue a Capacity Procurement Mechanism (“CPM”) designation related to a Calpine Corporation (“Calpine”)  facility.  California ISO seeks to prevent the May 2012 retirement of Calpine’s Sutter Energy Center (“Sutter”), an air-cooled, combined cycle, 525 MW facility.

On January 30, 2012, FERC staff issued a notice of alleged violations against Constellation Energy Commodities Group, Inc. (“CCG”).  FERC staff alleges that CCG violated the Commission’s rules against market manipulation and the Commission’s market behavior rules governing communication.

On January 30, 2012, the WER reported that North Dakota Public Service Commission Chairman, Tony Clark, is also currently serving as of the Chairman for the North Dakota Republican Party.  However, Chairman Clark resigned as Chairman for the state Republican Party in November 2010 prior to being elected to lead…

On January 26, 2012, FERC released its first audit reports for Form No. 552 compliance.

On January 23, 2012, FERC issued the first pilot project license to Verdant Power, LLC (“Verdant”) for its Roosevelt Island Tidal Energy Project No. 12611 (“RITE”).  The RITE project will be a 1,050 kW tidal project located on New York’s East River, and the project will use natural tidal currents to generate power from turbines mounted on the riverbed.

On January 19, 2012, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued its latest order in a now long-running debate over so-called “buyer side” market power mitigation measures in RTO capacity markets.  The January 19 Order addressed pending rehearing and clarification requests regarding ISO-New England’s Forward Capacity Market (“FCM”) design.  In the January 19 Order, consistent with recent orders in other markets, FERC affirmed its prior decision that the FCM must have an offer-floor mechanism to keep “out of market” capacity from bidding as a price-taker and depressing market-clearing prices.