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Washington Energy Report

September 14, 2009

Regular updates for Troutman Sanders' Washington Energy Report are now available at troutmansandersenergyreport.com. Be sure to add this website to your favorites list. Highlights of recent developments will also be sent weekly in this new format.

In this edition:

Real Estate Investment Trusts May Create Growth For the Grid

On August 31, 2009, the Climate Change Policy Partnership based at Duke University released a report, Electrical Transmission-Barriers and Policy Solutions, suggesting that real estate investment trusts (“REITs”) could provide the vehicle for creating the capital necessary to expand the national transmission grid in order to meet future electricity demands.  [Read more →]

Ninth Circuit Upholds FERC’s Orders on Market-Based Rate Authority

On June 9, 2009, the United States Court of Appeals for the Ninth Circuit issued a decision that upheld orders from the Federal Energy Regulatory Commission (“FERC” or the “Commission”) granting PPL Montana, LLC, PPL Colstrip LLC, and PPL Colstrip II LLC (collectively, “PPL”) market-based rate authority despite challenges by petitioners Montana Consumer Council and REC Silicon (collectively, “Montana Consumer Council” or “Petitioners”).  [Read more →]

FERC and NRC Sign Memorandum of Agreement on Grid Reliability and Nuclear Plants

On September 2, 2009, the Federal Energy Regulatory Commission (“FERC”) and the Nuclear Regulatory Commission (“NRC”) signed a Memorandum of Agreement (“MOA”) aimed at increasing cooperation between the two commissions on mutual issues and activities.  [Read more →]

FERC Allows Market Manipulation Claims in New England Market Despite Improper Filing

On August 24, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) ruled that claims of market manipulation should be brought under section 306 of the Federal Power Act (“FPA”) and not section 206 of the FPA, where the Attorney General of Connecticut, the Connecticut Department of Public Utility Control (“DPUC”), and the Connecticut Office of Consumer Counsel (“OCC”) filed their complaints against power plant operators earlier this year.  [Read more →]

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