Posts from — July 2011

On July 1, 2011, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) rejected an appeal brought forth by the attorneys general of Washington and South Carolina alleging that the United States Department of Energy (“DOE”) violated the Nuclear Waste Policy Act (“NWPA”).  The attorneys general claimed that the DOE violated the NWPA by seeking to withdraw their license application to build and operate the Yucca Mountain nuclear disposal site in Nevada, under the direction of President Obama, thus effectively killing the nuclear disposal project.  [Read more →]

On July 1, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an order confirming the Midwest Independent Transmission System Operator, Inc.’s (“Midwest ISO”) interpretation of the Joint Operating Agreement (“JOA”) between it and the Southwest Power Pool (“SPP”).  FERC declared that the JOA allows for the sharing of available transmission capacity between the Midwest ISO, Entergy Arkansas, Inc. (“Entergy Arkansas”), and SPP in the event that Entergy Arkansas becomes a transmission-owning member of the Midwest ISO. [Read more →]

On June 24, 2011, the California First District Court of Appeal granted the petition of writ of supersedeas from the California Air Resources Board (“CARB”) which stayed a state superior court decision that ordered CARB to halt their cap-and-trade program. [Read more →]

On June 28, 2011, two business women with the assistance of the Competitive Enterprise Institute (“CEI”) and Americans for Prosperity filed a lawsuit against the state of New York for participation in the Regional Greenhouse Gas Initiative (“RGGI”) program because the interstate compact was never approved by the state legislature.   [Read more →]

On June 20, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) denied the joint request of Sempra Generation (“Sempra”) to make affiliate sales to San Diego Gas & Electric Company (“SDG&E”) pursuant to a competitive solicitation due to concerns over potential for affiliate abuse.  [Read more →]