On October 15, 2009, the United States District Court for the Northern District of California (the “Court”) dismissed a lawsuit brought by the Kivalina Alaska Native Village and others against a large number of energy companies, continuing the saga of whether energy companies can be sued under tort law for emitting greenhouse gases (“GHGs”).
FERC News
FERC Confirms Reliability Jurisdiction Over Federal Agencies
On October 15, 2009, the Commission issued an order confirming its jurisdiction to enforce reliability standards over federal agencies that use, own or operate the bulk power system.
Commission Clarifies Policy on Flow-Through of Discounted or Negotiated Usage and Fuel Charges to Asset Managers
On October 15, 2009, the Commission issued an order regarding the usage and fuel charges to be paid by an asset manager replacement shipper under the Commission’s capacity release program.
FERC Rules on Texas Eastern Negotiated Fuel Rate Caps
On October 15, 2009, the Commission released an order addressing Texas Eastern Transmission LP’s (“Texas Eastern”) filing of two letter agreements and revised tariff sheets modifying previously filed negotiated rate agreements with New Jersey Natural Gas Company (“New Jersey”) and PSEG Power, LLC (“PSEG”). The modifications included negotiated fuel rate caps and a provision that the negotiated fuel rate cap would apply to any replacement shipper if New Jersey or PSEG released their capacity.
FERC Sides Against Midwest ISO on New Transmission Line Cost
On October 9, 2009, FERC conditionally accepted the Midwest Independent Transmission System Operator, Inc.’s (“Midwest ISO”) filing of an unexecuted amended and restated generator interconnection agreement (“IA”) among Midwest ISO, Community Wind North LLC (“Community Wind”) and Northern States Power Company (“NSP”), subject to Community Wind not having to pay for a new 230-mile transmission line.
NARUC Asks Supreme Court to Rule on Jurisdiction Over Capacity Requirements
On October 5, 2009, the National Association of Regulatory Utility Commissioners (“NARUC”) and a group of state utility regulators filed a brief requesting that the Supreme Court overturn a June 23, 2009 decision by the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) regarding jurisdiction over capacity requirements.
FPL Accepts Largest Penalty Ever for Reliability Rules Violations
On October 8, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) approved a Stipulation and Consent Agreement (the “Agreement”) between the Office of Enforcement, the North American Electric Reliability Corporation (“NERC”), and Florida Power and Light Company (“FPL”). Under the Agreement, FPL agreed to pay a $25 million civil penalty to resolve an investigation into whether FPL violated Reliability Standards associated with a Florida blackout on February 26, 2008.
Senate Energy Committee Approves Nomination of John Norris
On Thursday, the Senate Committee on Energy and Natural Resources approved the nomination of John R. Norris as Commissioner of FERC.
FERC Approves New England Market Mitigation
On October 2, 2009, FERC conditionally approved ISO New England Inc.’s (“ISO-NE”) Reliability Commitment Mitigation rules as applied to resources used to maintain electric reliability.
Former Chairman Kelliher Wants Federal Siting and Cost Allocation Rulemaking
On September 30, 2009, the former Chairman of FERC spoke at The Energy Daily Transmission Siting Policy Summit about the need for FERC to have a national rulemaking on cost allocation to allow for creating a clean energy grid.