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”).

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).

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”). 

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.

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.