Posts from — October 2009
California Federal Court Dismisses Global Warming Common Law Nuisance Lawsuit
On October 15, 2009, the United States District Court for the Northern District of California (the “Court”) dismissed a lawsuit brought by the Kivalina Alaska Native Village and others against a large number of energy companies, continuing the saga of whether energy companies can be sued under tort law for emitting greenhouse gases (“GHGs”). [Read more →]
October 16, 2009 Comments Off
FERC Confirms Reliability Jurisdiction Over Federal Agencies
On October 15, 2009, the Commission issued an order confirming its jurisdiction to enforce reliability standards over federal agencies that use, own or operate the bulk power system. [Read more →]
October 16, 2009 Comments Off
Commission Clarifies Policy on Flow-Through of Discounted or Negotiated Usage and Fuel Charges to Asset Managers
On October 15, 2009, the Commission issued an order regarding the usage and fuel charges to be paid by an asset manager replacement shipper under the Commission’s capacity release program. [Read more →]
October 16, 2009 Comments Off
FERC Rules on Texas Eastern Negotiated Fuel Rate Caps
On October 15, 2009, the Commission released an order addressing Texas Eastern Transmission LP’s (“Texas Eastern”) filing of two letter agreements and revised tariff sheets modifying previously filed negotiated rate agreements with New Jersey Natural Gas Company (“New Jersey”) and PSEG Power, LLC (“PSEG”). The modifications included negotiated fuel rate caps and a provision that the negotiated fuel rate cap would apply to any replacement shipper if New Jersey or PSEG released their capacity. [Read more →]
October 16, 2009 Comments Off
FERC Sides Against Midwest ISO on New Transmission Line Cost
On October 9, 2009, FERC conditionally accepted the Midwest Independent Transmission System Operator, Inc.’s (“Midwest ISO”) filing of an unexecuted amended and restated generator interconnection agreement (“IA”) among Midwest ISO, Community Wind North LLC (“Community Wind”) and Northern States Power Company (“NSP”), subject to Community Wind not having to pay for a new 230-mile transmission line. [Read more →]
October 16, 2009 Comments Off