On May 11, 2009, the Commission approved tariff revisions made by the New York Independent System Operator, Inc. (“NYISO”) that will treat wind resources as flexible resources. The revisions will require wind resources to “dispatch down” in order to resolve transmission system constraints.

On May 6, 2009, the North American Electric Reliability Corporation (“NERC”) approved revisions to eight cyber security standards for America’s bulk power system as part of their standards revision work plan. The primary revision was the removal of “reasonable business judgment” language in response to concerns FERC voiced in Order No. 706 issued on January 18, 2008.

On April 20, 2009, Connecticut Attorney General Richard Blumenthal filed a complaint with the Federal Energy Regulatory Commission (“FERC” or “Commission”) claiming that unnamed power suppliers used a loophole in the Independent System Operator of New England’s (“ISO-NE”) market rules to receive $85.8 million in capacity payments while failing to deliver energy when called upon by ISO-NE. Blumenthal’s complaint asks the Commission to make the companies’ names public and to order them to disgorge their profits.

On Wednesday, FERC Chairman Jon Wellinghoff addressed a number of ongoing energy issues during a U.S. Energy Association forum, including his belief that renewable energy and demand-side management could significantly mitigate and perhaps eliminate the need for traditional baseload power plants. Additionally, Chairman Wellinghoff discussed the Commission’s ability to regulate carbon credit markets.

On April 16, FERC’s Office of Enforcement released its “2008 State of the Markets Report” on natural gas and electric market performance during the previous year. Generally, average electricity and natural gas prices in 2008 were substantially greater than prices in 2007 in almost every region of the United States.