On August 25, 2011, the Department of Transportation, Pipeline and Hazardous Materials Safety Administration (“PHMSA”) issued an advanced notice of proposed rulemaking (“ANPR”) related to its safety program for natural gas transmission pipelines. The ANPR asks for comment on various questions concerning whether pipeline integrity management (“IM”) requirements and other regulatory requirements relating to system integrity should be enhanced. Written comments are due by December 2, 2011, though parties have already requested additional time to submit comments.
New Legislation
California Legislature Passes 33 Percent RPS
On March 29, 2011, the California Assembly passed Senate Bill X1-2, approving a 33 percent renewable portfolio standard (“RPS”) for the state.
GOP Bill to Prevent EPA from Regulating GHG Emissions Clears First House Hurdle
A bill authored by House Energy and Commerce Committee Chairman Fred Upton (R-Mich.) to permanently strip the EPA of most authority to regulate greenhouse gas (“GHG”) emissions passed the House Energy and Power Subcommittee by voice vote on March 10, 2011. H.R. 910, “The Energy Tax Prevention Act,” (the “Act”) was introduced on March 3, 2011 after February hearings on the draft bill at which Troutman Sander’s D.C. partner Peter Glaser testified.
Transmission Cost Allocation Battle Moves To The Hill
On February 17, 2011, a bipartisan group of senators introduced the Electric Transmission Customer Protection Act that seeks to amend the Federal Power Act to ensure rates for power are assessed in proportion to measured reliability or economic benefit.
New Stand Alone Renewable Energy Bill Proposed for Lame Duck Vote
On September 21, 2010, a bipartisan group of Senators introduced the Renewable Electricity Promotion Act, a stand alone renewable energy standard (“RES”) bill. The bill will require utilities to acquire 3 percent of their power from renewable resources beginning in 2012, and the requirement will increase up to 15 percent by 2021.
Senate Democrats Abandon Cap-and-Trade, Renewable Electricity Standard at This Time
On July 22, 2010, Senate Democrats held a caucus meeting to discuss strategies for passing energy legislation in the Senate, after which they announced that they have temporarily abandoned plans to introduce a comprehensive bill before the August recess including either cap-and-trade of carbon emissions or a renewable electricity standard.
Legislative Focus Increases on Possible Utility-Only Cap and Trade
As Congress returned from the July 4 recess, legislative efforts on cap-and-trade focused on the possibility of a utility-only program. Majority Leader Harry Reid (D-NV) announced that he intends to bring a bill to the floor during the week of July 26 that will include four components: the Gulf oil spill, clean energy, energy efficiency and cap-and-trade.
President Obama Pushes for New Energy Legislation during Oval Office Address
On June 15, 2010, President Obama gave an Oval Office speech on the BP oil spill. The President used the devastating effects of the spill as an impetus to call on the country to transition towards energy independence and the use of “clean energy.”
Murkowski Resolution Defeated
On June 10, 2010, the Murkowski Resolution to disapprove EPA’s endangerment finding on greenhouse gases (“GHG”) was defeated in the Senate by a vote of 47-53. All Senate Republicans and six Senate Democrats voted in favor of the resolution.
Lugar Introduces New Energy and Climate Bill
On June 9, 2010, Senator Dick Lugar (R-IN) introduced an energy legislation alternative to the Kerry-Lieberman and Waxman-Markey bills, entitled the “Practical Energy and Climate Plan” (S. 3464).