Posts from — February 2010

In a rare move, the United States Department of Justice (DOJ) has taken antitrust enforcement action against a participant in a regional market overseen by the Federal Energy Regulatory Commission (FERC). Specifically, DOJ investigated and filed a Sherman Act Section 1 complaint against Keyspan Corporation with respect to a “swap” transaction pertaining to the New York Installed Capacity market operated by the New York Independent System Operator, Inc. This action may signal DOJ’s willingness to supplement FERC’s oversight over regional energy markets. [Read more →]

Sixteen petitioners, representing three states and multiple industry associations and businesses, think tanks, and lawmakers, filed lawsuits by last Tuesday’s deadline against the U.S. Environmental Protection Agency (“EPA”) challenging the agency’s finding that greenhouse gases (“GHGs”) endanger health and welfare and thus can be regulated under the Clean Air Act. [Read more →]

On November 20, 2009, the California Independent System Operator Corporation (“CAISO”) filed its Convergence Bidding Design Policy (“Conceptual Filing”) to the Federal Energy Regulatory Commission (“FERC” or the “Commission”).  Convergence bidding allows for the submission of bids to buy or sell electricity in the day–ahead market that will not be consumed or produced by the bidder in real time.  Instead, these “virtual” transactions enable market participants to either buy or sell electricity in the day-ahead market and then undertake the opposing obligation to sell or buy the same amount of electricity in real time. [Read more →]

On February 17, 2010, Senator Lindsey Graham (R-SC) circulated a draft proposal to establish a national clean energy requirement that would include nuclear, coal and certain other fossil fuel power in addition to traditional other renewable energy sources.  [Read more →]

On Thursday, the White House Council on Environmental Quality (“CEQ”) released draft National Environmental Policy Act (“NEPA”) guidance proposing changes designed to incorporate climate change considerations into federal actions and increase public participation and transparency. [Read more →]