On September 24, 2009, former Chairman of the Federal Energy Regulatory Commission (“FERC” or the “Commission”), Joseph Kelliher spoke about the Commission’s enforcement program at Infocast’s FERC Compliance Summit.  Kelliher stated that the enforcement program was young, and has laid a “good foundation.”  However, Kelliher believes there is still room for improvement.

On September 21, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) approved an uncontested settlement with its Enforcement Litigation Staff and  Energy Transfer Partners L.P., Energy Transfer Company, ETC Marketing Ltd., and Houston Pipe Line Company LP (collectively “ETP”) for $30 million in a market manipulation case. 

On September 2, 2009, Milford Wind Corridor, LLC (“Milford”) submitted a Petition for Declaratory Order requesting the Federal Energy Regulatory Commission (“FERC” or the “Commission”) to confirm that it can retain its firm rights to use 1,000 MW of transmission on a generator lead Milford constructed itself in order to interconnect the full capacity of five planned phases of its entire wind project.

On June 9, 2009, the United States Court of Appeals for the Ninth Circuit issued a decision that upheld orders from the Federal Energy Regulatory Commission (“FERC” or the “Commission”) granting PPL Montana, LLC, PPL Colstrip LLC, and PPL Colstrip II LLC (collectively, “PPL”) market-based rate authority despite challenges by petitioners Montana Consumer Council and REC Silicon (collectively, “Montana Consumer Council” or “Petitioners”).