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 | FERC Endorses Private Right to Prosecute Market Manipulation Complaints under Federal Power Act
November 6, 2009, previously published on October 27, 2009 The Federal Energy Regulatory Commission on October 23 affirmed the use of a procedural vehicle that allows third parties to bring market manipulation claims under the Federal Power Act (FPA). In an apparent departure from FERC's enforcement cases to date, which are rooted in investigations... |
 | EPA Proposes PSD and Title V Thresholds for Greenhouse Gases - Expects Permitting Requirements to Trigger in March of 2010
November 6, 2009 On September 30, 2009, the U.S. Environmental Protection Agency ("EPA") issued a proposed "Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule" that would establish a transition period for the implementation of Prevention of Significant... |
| Global Warming Litigation and the Ghost of Mrs. Palsgraf Why Carbon-Heavy Entities Should Be Scared of Both
Kevin P. Braig, Douglas J. Feichtner; Dinsmore & Shohl LLP; November 5, 2009, previously published on November 6, 2009 Any private entity with significant greenhouse gas (GHG) emissions could be identified in the next climate change lawsuit. Filed in 2004 by a coalition of states and land trusts, Connecticut v. American Electric Power was the first major climate change lawsuit identifying private entities as... |
| Midwest Wind Slowed to a Breeze? Feds to Make New Projects Shoulder 90% to 100% of Transmission Upgrade Costs
James J. Bertrand, Nathan E. Endrud, Jonathan W. Gottlieb, Steven A. Weiler; Leonard, Street and Deinard, Professional Association; November 5, 2009, previously published on October 29, 2009 Wind power and other renewable energy developers in the Midwest are now facing the very real possibility of significant interconnection cost increases that will likely make it more difficult to obtain financing for their projects. The cost increases are the result of an order issued on October 23,... |
| U.S. Department of Energy Announces Loan Guarantee Program to Help Accelerate Financing of Conventional Renewable Energy Projects
Dickson C. Chin, Thomas C. Havens, Euclid A. Irving, Charles T. Wehland; Jones Day; November 5, 2009, previously published on October 2009 On October 7, 2009, the U.S. Department of Energy (the "DOE") issued its long-awaited solicitation (the "Solicitation") of applications for loan guarantees to support conventional renewable energy generating projects. The new program, authorized under the American Recovery and... |
| FERC Proposes to Reduce Regulatory Requirements for Small Power Production Qualifying Facilities Laura Ellen Jones, Audrey C. Louison, Linda L. Walsh; Hunton & Williams LLP; November 5, 2009, previously published on October 2009 On October 15, 2009, the Federal Energy Regulatory Commission ("FERC") issued a proposed rulemaking that would all but eliminate the regulatory burden for small power production qualifying facilities ("QFs") of 1 MW or less. If approved, FERC's new regulations will, among other... |
| Texas PUC Defends Decision that Wind Developer Cannot Provide Firm Power
Troutman Sanders LLP; November 3, 2009, previously published on November 2, 2009 On October 22, 2009, the Public Utility Commission of Texas ("PUCT" or "Texas Commission") asked the Federal Energy Regulatory Commission ("FERC" or the "Commission") to dismiss an enforcement petition from six wind power developers, stating that the... |
| FERC Reviews NERC Budget, Voices Concern about Staffing Levels
Troutman Sanders LLP; November 3, 2009, previously published on October 26, 2009 On October 15, 2009, the Federal Energy Regulatory Commission ("FERC" or the "Commission") conditionally accepted the 2010 business plan and budget for the North American Electric Reliability Organization ("NERC"), the regional reliability entities and the Western... |
| PJM Approves $1.4 Billion Transmission Upgrade Plan
Troutman Sanders LLP; November 3, 2009, previously published on October 26, 2009 On October 15, 2009 the PJM Interconnection ("PJM") Board approved an additional $1.4 billion in electric transmission grid upgrades and enhancements. This brings PJM's total investment in their Regional Transmission Expansion Planning ("RTEP") process since 2000 to $14.7... |
| Nine Agencies Sign MOU to Expedite Transmission Siting on Federal Lands
Troutman Sanders LLP; November 3, 2009, previously published on November 2, 2009 On October 28, 2009, the Obama Administration released a Memorandum of Understanding ("MOU") signed by nine agencies to streamline and expedite the siting and construction of electric transmission lines on federal land. The MOU was signed by the Federal Energy Regulatory Commission... |
