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.
FERC News
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.
Former Chairman Sees Room for Improvement in FERC Enforcement
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.
FERC Releases Strategic Plan
On October 1, 2009, FERC released its Strategic Plan for FY 2009 to 2014.
Commissioner Kelly Will Not Serve A Third Term at FERC
On September 21, 2009, in a surprise announcement, Commissioner Suedeen Kelly stated she would turn down President Obama’s nomination for another term at the Federal Energy Regulatory Commission (“FERC” or the “Commission”) to pursue opportunities in the private sector.
FERC Approves $30 Million Settlement with ETP
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.
FERC Releases NOPR On Demand Response Following the 2009 Demand Response Annual Report
On September 17, 2009, FERC issued a Notice of Proposed Rulemaking (“NOPR”) on standards for measuring and verifying the performance of demand response services. The proposed rule would lay the groundwork for expanding the use of demand response in organized wholesale markets.