Posts from — April 2010

On March 30, 2010, Champlain Hudson Power Express, Inc. (“Champlain”) filed an Application for a Certificate of Environmental Compatibility and Public Need (the “Application”) at the New York State Public Service Commission (“NYPSC”).  Champlain filed the Application for its Champlain Hudson Power Express Project (the “Project”).  The Project represents the latest attempt by developers to move large quantities of Canadian hydropower into lucrative East Coast markets.  [Read more →]

On April 13, 2010, FERC found that PJM Interconnection L.L.C.’s (“PJM”) open access transmission tariff (“OATT”) does not preclude PJM from designating Primary Power to build projects as part of PJM’s regional transmission expansion plan (“RTEP”).  FERC’s decision will allow Primary Power, a merchant transmission company, to build their Grid Plus transmission project (“Grid Plus”) and recover the cost of the project through cost-based rates so long as the project is accepted into the RTEP.  [Read more →]

On April 19, 2010, Colorado Governor Bill Ritter signed the Clean Air-Clean Jobs Act (“HB 1365”) into state law to reduce emissions from coal-fired power plants by 80% in the state. [Read more →]

In an effort to ease the growing uproar regarding the issuance of its March 18, 2010 Policy Statement on Penalty Guidelines (“Policy Statement”), the Federal Energy Regulatory Commission (“FERC” or the “Commission”) on April 15, 2010, announced that it will suspend the application of its Policy Statement and give interested entities a broader opportunity to comment before issuing a final order and putting the guidelines into effect. [Read more →]

On April 15, 2010, FERC issued an Order on Clarification denying a request that the Commission interpret its market-based rate affiliate restrictions to permit sharing of employees who are neither transmission function employees nor marketing function employees.  FERC also issued a Notice of Proposed Rulemaking (“NOPR”) proposing a revision to the market-based rate affiliate restrictions to reflect the clarification provided in its Order on Clarification. [Read more →]