On January 21, 2010, FERC issued a Notice of Inquiry (“NOI”) to look at whether or not to expand its Electric Quarterly Report (“EQR”) filing requirements to those entities excluded from FERC jurisdiction under section 205 of the Federal Power Act (“FPA”). The NOI will aid FERC in deciding if changes should be made to section 220 of the FPA, as adopted in the Energy Policy Act of 2005(“EPAct 2005”).
FERC News
Supreme Court denies Electric Companies’ Request for Certiorari Regarding Federal Transmission Siting
On January 18, 2010, the Supreme Court of the United States (“Supreme Court”) denied a request for certiorari by Edison Electric Institute (“EEI”) of a United States Court of Appeals for the Fourth Circuit (“Court of Appeals”) decision which limited the backstop authority of FERC to instances where a state commission withheld approval of certain interstate electric transmission projects for more than 1 year after the filing of an application for a permit (see the February 20, 2009 edition of the WER).
FERC Approves AEP’s Texas Transmission Facilities
On January 6, 2010, the FERC approved a request from American Electric Power Services Corporation (“AEP Services”), the wholly owned subsidiary of American Electric Power Company, Inc. (“AEP”), to transfer transmission assets to Electric Transmission Texas, LLC (“Electric Transmission Texas”) under section 203 of the Federal Power Act (“FPA”).
Supreme Court Finds that Non-Contracting Parties Are Held to the Mobile-Sierra Public Interest Standard
On January 13, 2010, the United States Supreme Court (“Supreme Court”) decision reversed the United States Court of Appeals for the D.C. Circuit (“DC Circuit”), holding that the Mobile-Sierra public interest standard applies to noncontracting parties.
FERC Conditionally Approves Plan to Help Streamline Transmission Upgrades in the Midwest
On December 31, 2009, FERC conditionally approved a proposal by the Midwest Independent Transmission System Operator, Inc. (“MISO”) to revise its Generator Interconnection Procedures.
Google Applies for the Authority to Buy and Sell Power and Related Services
On December 23, 2009, Google Energy LLC (“Google Energy”), a wholly-owned subsidiary of Google Inc. (“Google”), applied for market-based rate authority from FERC.
Senate Confirms Norris to FERC
On December 24, 2009, the United States Senate confirmed the nomination of John Norris, a Democrat, as commissioner on the Federal Energy Regulatory Commission (“FERC” or the “Commission”).
FERC Approves PJM’s Reforms to Wholesale Market, Changes to Independent Market Monitor
On December 18, 2009, FERC conditionally approved PJM Interconnection, L.L.C.’s (“PJM”) Order No. 719 compliance filing, which contained proposed revisions to the PJM tariff regarding organized wholesale electricity markets. The Commission also clarified the market power mitigation roles of PJM and Monitoring Analytics, PJM’s independent market monitoring unit (“MMU”), in the order.
FERC Rejects Army Corps’ Challenges on Complying with Reliability Standards
On January 5, 2010, FERC rejected the Army Corps of Engineers’ (the “Army Corps”) petition for rehearing as untimely and upheld its ruling that the Corps must comply with mandatory standards developed by the North American Electric Reliability Corporation (“NERC”).
Four States Form Retail Regulatory Committee to Oversee Entergy
On December 17, 2009, regulators of Energy Corp.’s retail operations announced the formation of the Entergy Regional State Committee (“E-RSC” or “Committee”), comprised of regulators from the Arkansas Public Service Commission, Louisiana Public Service Commission, Mississippi Public Service Commission, the Public Utility Commission of Texas, and the City of New Orleans’ City Council.