This guidance used to be just a glimmer in the commission’s eye. But as of May 17th, it’s official. That’s when FERC released its Policy Statement on the Commission’s Role Regarding the Environmental Protection Agency’s Mercury and Air Toxics Standards. The Policy Statement specifically explains how FERC will provide advice to the EPA for it [...]
Archive for the ‘FERC’ Category
18 May
Solar Storms Threaten Electrical Grid in 2013
The most pressing natural disaster concern for 2013? We have all read about the risks of climate change, of earthquakes and tornadoes, of nuclear fallout, of the December 2012 apocalypse. But the sun has not managed to top the list. Next year, the sun is expected to reach a peak eruption period, which is associated [...]
26 Apr
FERC Seeks Input on Interconnection Facilities
Late last week, FERC put out a call for comments via an April 19th Notice of Inquiry relating to open access and priority rights on interconnection facilities. Just a few days later law firms Van Ness Feldman and Alston + Bird stepped up to the plate with their analysis (here and here, respectively) on FERC’s [...]
15 Mar
Constellation Energy Commodities Group to Pay $245 Million for Violation of FERC’s Anti-Manipulation Rule
On March 9th, FERC issued an Order approving the Stipulation and Consent Agreement that resolved an investigation into Constellation Energy Commodities Group’s (CCG) physical and financial electric energy trading activities in and around the New York Independent System Operator’s (NYISO) Control Area and in other RTOs. Back in January 2008, FERC’s Office of Enforcement received [...]
1 Mar
FERC Drops Plans for Changes to Horizontal Merger Policies
Almost one year ago, FERC solicited the public: Should FERC revise its approach to examining horizontal market power concerns? Well, should they? I’m not sure. Will they? No. “[A]fter reviewing the comments received, the Commission has decided to retain its existing policies regarding the analysis of horizontal market power when reviewing transactions under section 203 [...]
31 Jan
FERC Waxes Poetic on Advising EPA about MATS Extensions
The same day that the EPA released the final rule on Mercury and Air Toxics Standards (MATS) for power plants, it also published a Policy Memorandum outlining how it intended to handle requests for extensions in complying with the new rule. Yesterday, FERC announced how they intended to give the EPA a hand. Section 112(i)(3) [...]
13 Dec
Angry Wind Facilities Owners in the Northwest Get Their Way
A December 7th Order from FERC directed the Bonneville Power Administration (BPA) to file a revised open access transmission tariff (OATT) to address “comparability concerns.” The order came in response to a petition from five owners of wind facilities in the Pacific Northwest alleging that Bonneville is “using its transmission market power to curtail wind [...]
10 Nov
FERC Requests Comments on Environmental Guidelines for Pipeline Construction
FERC may have said it first, but Hogan Lovells said it louder. Or, at least, that’s who I was listening to more closely. A recently Energy Alert from Hogan Lovells announced FERC’s intent to update two environmental guidance documents that dictate, in Hogan Lovells’ words, “baseline environmental mitigation measures the Commission requires for pipeline certificate [...]
20 Oct
FERC (presumably) Smug after Ninth Circuit Upholds Market-Based Rate Policy
Late last week, folks at FERC probably popped some bottles of champagne when the U.S. Court of Appeals for the Ninth Circuit issued an opinion denying a petition challenging FERC’s Order No. 697, “Market-Based Rates For Wholesale Sales Of Electric Energy, Capacity And Ancillary Services By Public Utilities.” Order No. 697, which became effective September [...]
29 Jul
FERC’s Transmission Planning and Cost Allocation: The Law Firm Analysis Rolls In
Approximately one week ago, FERC published a much-anticipated Final Rule (“Order No. 1000”), which aims to ensure that “Commission-jurisdictional services are provided at just and reasonable rates and on a basis that is just and reasonable and not unduly discriminatory or preferential.” Specifically, the rule amends the transmission planning and cost allocation requirements established by [...]
