On November 3, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission) accepted revisions to the Joint Operating Agreement (“JOA”) between the PJM Interconnection, L.L.C. (“PJM”) and the Midwest Independent Transmission System Operator, Inc. (“Midwest ISO”) that allocate the costs of economic cross-border facilities. 

On November 5, 2009, FERC issued a declaratory order disclaiming jurisdiction over proposed transmission lines that would connect wind generators located in the Texas portion of the Southwest Power Pool (“SPP”) to load in the Electric Reliability Council of Texas (“ERCOT”). 

On October 23, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission) approved an interim Midwest Independent Transmission System Operator, Inc. (“Midwest ISO”) Open Access Transmission, Energy and Operating Reserve Markets Tariff (“Tariff”) amendment to revise the method for allocating the cost of network upgrades for generation interconnection projects that meet the Midwest ISO’s regional expansion criteria and benefits standards (“RECB”).  The Tariff will now require that generators pay all interconnection costs to lines smaller than 345 kV and 90 percent of network upgrades for lines that are 345 kV or greater. 

On October 20, 2009, the General Counsel for the Federal Energy Regulatory Commission (“FERC” or the “Commission”) submitted comments to the Commodity Futures Trading Commission (“CFTC”) stating that FERC has exclusive jurisdiction over the transmission and sale of electricity in interstate commerce or with regulation of wholesale energy markets. 

On October 15, 2009, the Federal Energy Regulatory Commission (“FERC” or “the Commission”) issued a Notice of Proposed Rulemaking to revise the criteria and procedures for existing or proposed small power production or cogeneration facilities seeking Qualifying Facility (“QF”) status.  The Commission has also proposed to clarify that eligible solar, wind, waste or geothermal facilities that are QFs will be exempt from certain provisions of the Federal Power Act (“FPA”) and Public Utility Holding Company Act of 2005 (“PUHCA 2005”), regardless of size.

On October 15, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) denied New York Regional Interconnect, Inc.’s (“NYRI”) request for rehearing of FERC’s Order on Rehearing, which affirmed its acceptance of the New York Independent System Operator’s (“NYISO”) cost allocation and recovery requirements for economic upgrades to the transmission system.  The Commission’s decision may render NYRI’s proposed $2 billion transmission project infeasible.

On October 15, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) conditionally accepted the 2010 business plan and budget for the North American Electric Reliability Organization (“NERC”), the regional reliability entities and the Western Interconnection Regional Advisory Board.  In its order, FERC expressed considerable concern about the staffing levels at NERC and whether they are sufficient for the organization to carry out its mission.