On March 4, 2010, FERC approved a transfer of title for the 53-mile, 400 MW high voltage, direct-current transmission line and its associated facilities from Trans Bay Cable LLC (“Trans Bay”) to Pittsburg Power Company (“Pittsburgh Power”). 

On February 26, 2010, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an Order Initiating Review of Notice of Penalty filed by the North American Reliability Corporation (“NERC”) against Turlock Irrigation District (“Turlock”).  This is the first time that FERC has questioned a penalty issued by NERC.

On March 1, 2010, Larry Parkinson started work as the new director of the Division of Investigations at the Federal Energy Regulatory Commission (“FERC” or the “Commission”).  As Director of Investigations, Mr. Parkinson will report to Norman Bay, the head of FERC’s Office of Enforcement.

On February 18, 2010, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an order granting Google Energy LLC (“Google Energy”) market-based rate authority effective February 23, 2010, finding that Google Energy meets the criteria necessary for a Category 1 seller in all regions.

On February 19, 2010, the American Public Power Association, Electric Consumers Resource Council, National Consumer Law Center, PJM Industrial Customer Coalition, Portland Cement Association, and Public Citizen sent a letter to FERC asking that generator profits be included in performance metrics for Regional Transmission Organizations (“RTO”) and Independent System Operators (“ISO”). 

In a rare move, the United States Department of Justice (“DOJ”) has taken antitrust enforcement action against a participant in a regional market overseen by the Federal Energy Regulatory Commission (“FERC” or the “Commission”). Specifically, DOJ investigated and filed a Sherman Act Section 1 complaint against KeySpan Corporation (“KeySpan”) with respect to a “swap” transaction pertaining to the New York Installed Capacity market operated by the New York Independent System Operator, Inc. This action may signal DOJ’s willingness to supplement FERC’s oversight over regional energy markets.

On February 12, 2010, FERC accepted ISO New England Inc.’s (“ISO-NE”) proposed Installed Capacity Requirement, as well as related values to be used in ISO-NE’s Forward Capacity Market (“FCM”).  As requested, the proposal became effective February 15, 2010, subject to certain conditions.