Posts from — March 2009

On Monday, Commissioner Joseph T. Kelliher announced that we would leave the Federal Energy Regulatory Commission (“FERC” or “Commission”) effective today. Commissioner Kelliher’s announcement was expected even though his term does not end until 2012. Commissioner Kelliher has served at FERC since November 20, 2003 and was chairman from July 9, 2005 until January 22, 2009 (see January 9, 2009 edition of WER). It is unknown at this time when President Obama will nominate a replacement.

On Tuesday, Senator Jeff Bingaman (D-NM) released draft legislation on transmission siting, planning and cost allocation. Senator Harry Reid (D-NV) introduced similar legislation last week (see March 6, 2009 edition of the WER). While Sen. Reid’s bill strengthens FERC’s existing backstop siting authority, Sen. Bingaman’s proposal would allow project developers to go directly to FERC and bypass the state approval process altogether in certain circumstances. [Read more →]

On Thursday, FERC Acting Chairman Jon Wellinghoff testified before the U.S. Senate’s Committee on Energy and Natural Resources on siting of electric transmission lines. Acting Chairman Wellinghoff’s testimony was part of a full committee hearing that included witnesses representing federal and state commissions, transmission and electricity companies, and regional entities. [Read more →]

In a Notice of Proposed Rulemaking issued by the U.S. Environmental Protection Agency (“EPA”) on March 10, 2009, EPA has proposed a nationwide system for the reporting of greenhouse gas (“GHG”) emissions by large industrial sources. In doing so, the Agency has taken the initial step toward federal regulation of GHG emissions. [Read more →]

A document leaked from the EPA offers an inside look on the Agency’s plans with respect to making an “endangerment finding” as a prelude to regulating GHGs under the Clean Air Act (“CAA”). [Read more →]