Posts from — September 2011

On September 27, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) denied a tariff waiver request by the Midwest Independent Transmission System Operator, Inc. (“MISO”) concerning planning and cost allocation of network upgrades and a transition period for integrating Entergy Corporation and its operating companies (together “Entergy”). [Read more →]

On September 20, 2011, the Southwest Power Pool, Inc. (“SPP”), wrote to Administrator Lisa Jackson at the Environmental Protection Agency (“EPA”) in its capacity as a FERC approved Regional Transmission Organization (“RTO”) and Regional Entity, requesting a delay of the Cross-State Air Pollution Rule (“CSAPR”). [Read more →]

On September 28, 2011, the New York Department of Environmental Conservation (“DEC”) released its proposed regulations on hydraulic fracturing.  These regulations follow a July 1, 2011 draft supplemental generic environmental impact statement (“SGEIS”) (see July 11, 2011 edition of the WER).  [Read more →]

The House of Representatives on Friday passed H.R. 2401, the Transparency in Regulatory Analysis of Impacts on the Nation Act (“TRAIN Act”).  The Act establishes an interagency federal panel to assess the cumulative impact of various EPA regulations and requires that the panel issue its report by next August.  The bill prevents EPA from proceeding with its recently promulgated Cross-State Air Pollution Rule (“CSAPR”) and finalizing its proposed Mercury and Air Toxics Standards (“MATS”) rule. [Read more →]

Last week saw continued appeals filed of EPA’s Cross-State Air Pollution Rule (“CSAPR”), as well as petitions to EPA to reconsider the rule.  The deadline for appeals is October 7, 2011.  Currently, the following parties have filed appeals in the United States Court of Appeals for the D.C. Circuit:  EME Homer City Generation, L.P., Luminant Generation Company, LLC,  GenOn Energy, Inc., State of Kansas, State of Texas, States of Nebraska, Alabama, Florida, Oklahoma, South Carolina, and Texas.  As of this writing, EME Homer City, Luminant and GenOn have asked the Court to stay the rule.  Other appeals and other motions for stays are expected. [Read more →]