Energy Legal Blog

PUCT Denies Kelson’s Unconventional Bid to Interconnect SERC and ERCOT

Amanda Frazier — Mon, 29 Jun 2009 18:50:10 +0000

The Public Utility Commission of Texas (PUCT) on June 10, 2009, issued its final order denying Kelson Transmission Company, LLC’s (Kelson) application for a certificate of convenience and necessity to construct and operate a 95-mile 345 Kilovolt open-access transmission line, for which Kelson initially sought certification in August of 2007. The transmission line was planned [...]

Resuscitated FutureGen Key to International Progress on Climate Change

Bill Wolf — Thu, 25 Jun 2009 15:36:24 +0000

The Department of Energy announced June 12 the resumption of work on “FutureGen,” a public-private initiative directed at reducing the environmental impact of coal-powered electricity generation. The concept of FutureGen is attractive to coal-dependent economies domestically and internationally. It contemplates construction of a coal-fired power plant that produces hydrogen in addition to electricity, utilizing carbon [...]

FERC Appoints Former Prosecutor as Head of Enforcement Office

Tracy Davis — Wed, 24 Jun 2009 15:20:45 +0000

FERC last week announced the appointment of Norman C. Bay to head its Office of Enforcement. Professor Bay is a former U.S. Attorney who focused on criminal matters and is currently an associate professor at the University of New Mexico School of Law. The message sent by the appointment of former criminal prosecutor Bay as [...]

Connecticut Attorney General Seeks Disgorgement and Penalties from ISO-NE, Capacity Importers

Sandy Rizzo — Wed, 24 Jun 2009 14:02:09 +0000

The Attorney General of the State of Connecticut (CT AG), Richard Blumenthal, filed a Complaint requesting Investigation, Hearing, Disgorgement and other penalties against ISO-New England, Inc. (ISO-NE) and Certain Unidentified Market Participant Importer(s) of Installed Capacity on April 20, 2009 based in part on ISO-NE’s statements that such sellers with contracts over the Northern New [...]

Different Takes on Taxing Greenhouse Gas Emissions Allowances

Bill Wolf — Thu, 18 Jun 2009 17:00:19 +0000

The US Senate Committee on Finance entertained divergent views on the Federal income tax implications of proposed cap-and-trade legislation to reduce carbon and other greenhouse gas emissions during a June 15 hearing. Among the issue aired was whether emission allowances under the program should be treated as ordinary for tax purposes and, if so, then [...]

California AG Levels New Claims Against Sellers for 2000-2001 Energy Debacle

Sandy Rizzo — Wed, 17 Jun 2009 18:49:46 +0000

California Attorney General Jerry Brown filed a complaint on May 22 against 18 named sellers who made sales to the California Energy Resources Scheduling (CERS) Division of the California Department of Water Resources eight years ago from January 18 to June 20, 2001. The complaint alleges, among other things, that the named respondent sellers: (1) possessed [...]

Congress Proposes New Enforcement Authority for FERC

Amanda Frazier — Mon, 15 Jun 2009 13:00:54 +0000

The American Clean Energy And Security Act of 2009 (”ACES”), or H.R. 2454, is a comprehensive energy bill that was introduced on May 15, 2009. ACES contains new enforcement provisions that would significantly increase the authority of the Federal Energy Regulatory Commission (”FERC” or “Commission”) by empowering FERC to require jurisdictional entities to terminate behavior [...]

Getting Better All the Time: FERC-State Cooperation Offshore

Andrew McLain — Fri, 12 Jun 2009 11:58:19 +0000

On June 4, FERC inked a memorandum of understanding (MOU) with the state of Washington to coordinate reviews of hydrokinetic projects located offshore in state waters. The MOU with Washington comes on the heels of an anticipated agreement between FERC and MMS, which memorialized a truce between the two agencies as to which possessed primary [...]

FERC Seeks Input on Smart Grid Rate Recovery

Amanda Frazier — Mon, 08 Jun 2009 13:00:47 +0000

On May 21, 2009, the Federal Energy Regulatory Commission (”FERC”) solicited supplemental comments in the Smart Grid Policy docket specifically related to how it should address requests for rate recovery from public utilities to install Smart Grid facilities that are not paid for through U.S. Department of Energy (”DOE”) funds, such as those authorized under [...]

FERC Approves Funding Plan for Major International Transmission Line Over Protests

Tracy Davis — Fri, 05 Jun 2009 20:45:57 +0000

In a May 21 order, FERC approved a cost-based, participant-funded proposal by Northeast Utilities Service Co. and NSTAR Electric Co. to develop a new transmission project linking ISO New England with Hydro-Québec. The project, a 1200-MW, high-voltage direct-current transmission line, will cross the US-Canadian border and connect Hydro- Québec's system with a point in southern New Hampshire. The line will bring large amounts of hydropower from Québec into ISO New England, displacing some of the existing gas-fired generation in New England. FERC Commissioners hailed the project as a way to get substantial amounts of low-cost, clean energy into ISO New England.