Posts from — November 2010

On November 5, 2010, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued its remand opinion in Maine Public Utilities Commission v. FERC.  The D.C. Circuit remanded the case back to the Federal Energy Regulatory Commission (“FERC” or the “Commission”) for further consideration of the Commission’s position that, while auction rates may not be contract rates, the Mobile-Sierra doctrine nevertheless applies. [Read more →]

On October 27, 2010, Cedar Creek Wind LLC (“Cedar Creek”) and Milford Wind Corridor Phase I, LLC (“Milford”) filed two separate appeals with FERC to challenge a decision by the North American Electric Reliability Corporation (“NERC”) that would force the wind generators to register as a transmission owner and operator. [Read more →]

On November 3, 2010, California reported that 61.2% of voters in California defeated Proposition 23 (“Prop 23”).  Prop 23 would have suspended California’s Global Warming Solution Act of 2006 (“AB 32”), which requires the state to reduce greenhouse gas emissions 30 percent by 2020, until California’s unemployment rate is 5.5 percent or less for a calendar year. (see October 8, 2010 edition of the WER).  [Read more →]

On November 1, 2010, Exelon Corporation (“Exelon”), American Electric Power (“AEP”), and Electric Transmission American (“ETA”) announced the companies will partner to build a new transmission line dubbed the Reliability Interregional Transmission Extension (“RITE Line”).  The new project will construct 420 miles of extra high-voltage lines from Illinois to the border between Indiana and Ohio.  [Read more →]

On October 28, 2010, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an order approving a stipulation and consent agreement (the “Agreement”) between the Office of Enforcement (“Enforcement”) at FERC and North America Power Partners (“NAPP”).  Under the Agreement, NAPP will pay a civil penalty of $500,000 and disgorge $2,258,157, plus interest, in unjust profits.  Additionally, NAPP will begin compliance monitoring. [Read more →]