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Washington Energy Report - February 22

February 22, 2010

Kevin C. Fitzgerald

Amie V. Colby

Peter S. Glaser

Lawsuits, Petitions for Reconsideration Filed over EPA Endangerment Finding

Sixteen petitioners, representing three states and multiple industry associations and businesses, think tanks, and lawmakers, filed lawsuits by last Tuesday’s deadline against the U.S. Environmental Protection Agency (“EPA”) challenging the agency’s finding that greenhouse gases (“GHGs”) endanger health and welfare and thus can be regulated under the Clean Air Act. [Read more →]

FERC Approves Majority of CAISO’s Conceptual Filing on Convergence Bidding

On November 20, 2009, the California Independent System Operator Corporation (“CAISO”) filed its Convergence Bidding Design Policy (“Conceptual Filing”) to the Federal Energy Regulatory Commission (“FERC” or the “Commission”).  Convergence bidding allows for the submission of bids to buy or sell electricity in the day–ahead market that will not be consumed or produced by the bidder in real time.  Instead, these “virtual” transactions enable market participants to either buy or sell electricity in the day-ahead market and then undertake the opposing obligation to sell or buy the same amount of electricity in real time. [Read more →]

Sen. Graham Floats New Energy Bill Provisions

On February 17, 2010, Senator Lindsey Graham (R-S.C) circulated a draft proposal to establish a national clean energy requirement that would include nuclear, coal and certain other fossil fuel power in addition to traditional other renewable energy sources.  [Read more →]

Draft Guidance Requires Climate Change Assessment in NEPA Reviews

On Thursday, the White House Council on Environmental Quality (“CEQ”) released draft National Environmental Policy Act (“NEPA”) guidance proposing changes designed to incorporate climate change considerations into federal actions and increase public participation and transparency. [Read more →]

Concerns Growing About Impact of Rare Earth Element Shortage on Renewable Development

Recently, several news outlets reported on the shortage of rare earth elements and the effect the shortage may have on technology development within the energy industry.  Specifically, rare earth elements are predominantly mined and refined in China, which is using more and exporting less of the resource.  If that trend continues, there is speculation that wind development and other renewable energy investment outside China could suffer.  [Read more →]

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