On Thursday, FERC issued an order rejecting a contested settlement to give Kern River Gas Transmission Company (“Kern River”) a 12.5 percent return on equity (“ROE”) because it was excessive and would result in unjust and unreasonable rates. Instead, FERC determined that Kern River’s ROE should be 11.55 percent.
FERC News
DC Circuit Agrees with FERC’s Interpretation of “Markets” under PURPA
By Troutman Pepper Locke on
Posted in Uncategorized
On December 23, 2008, the U.S. Court of Appeals for the District of Columbia Circuit (“DC Circuit”) upheld FERC’s interpretation of the term “markets” as it applies to qualifying facility (“QF”) purchase exemptions found in the Public Utility Regulatory Policies Act (“PURPA”). The Petitioners, the American Forest and Paper Association (“AFPA”), argued that the term means only competitive markets.
FERC Offers Advice on Conducting Compliance Audits
By Troutman Pepper Locke on
Posted in Uncategorized
On Thursday, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order offering guidance (“Guidance Order”) on conducting compliance audits to the North American Electric Reliability Corporation (“NERC”) and the eight regional entities (“Regional Entities”) with responsibility for enforcing reliability standards. The Guidance Order was released on the same day the Commission approved an audit report of SPP’s reliability functions.
Kelliher Steps Down as Chairman of FERC
By Troutman Pepper Locke on
Posted in Uncategorized
On Wednesday, Federal Energy Regulatory Commission (“FERC” or “Commission”) Chairman Joseph T. Kelliher announced that he would step down as Chairman effective January 20. His term on the Commission does not end until 2012, but he said that he will immediately begin to recuse himself from FERC business.