On November 23, 2009, FERC approved Green Energy Express LLC’s  (“Green Energy”) request for rate incentives, conditioned on approval by the California Independent System Operator (“CAISO”). 

On November 20, 2009, the California Public Utilities Commission (“California PUC”) approved Southern California Edison Company’s (“SoCal Edison”) amended petition to build a 128-mile, 500-kV portion of the Devers-Palo Verde 2 (“DPV2”) project.  

On November 19, 2009, the Federal Energy Regulatory Commission (“FERC” or “Commission”) announced the launch of investigations into the interstate natural gas pipeline rates for Northern Natural Gas Company (“Northern Natural”), Great Lakes Gas Transmission LP (“Great Lakes”), and Natural Gas Pipeline Company of America LLC (“NGPL”) to determine if the pipelines are over-recovering cost of service, causing unjust and unreasonable rates under section 5 of the Natural Gas Act. 

On November 16, 2009, FERC issued Order No. 717-B in an attempt to clarify its confusing decision in Order No. 717-A regarding what utility employees should be considered “marketing function employees.” 

On November 13, 2009 the FERC approved 564 penalties submitted in an Omnibus Notice of Penalty (“Omnibus Filing”) by the North American Electric Reliability Corporation (“NERC”). 

On November 3, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) conditionally approved the New York Independent System Operator, Inc.’s (“NYISO”) request to subject three generators to a new market mitigation measure, effective September 8, 2009, in response to conduct NYISO identified as an abuse of market power (“November 3 Order”).

On November 10, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) rejected a proposal by NorthWestern Energy (“NorthWestern”) to amend its Open Access Transmission Tariff (“OATT”) to require that wind generators provide their own regulation services for power exported outside of its balancing authority area.