This past Monday, the United States Court of Appeals for the Second Circuit finally released its decision in Connecticut v. AEP, a bellwether case involving whether carbon dioxide emissions from coal-fired power plants constitute a “public nuisance” subjecting emitters to common law tort liability.  [Read more →]

On September 21, 2009, in a surprise announcement, Commissioner Suedeen Kelly stated she would turn down President Obama’s nomination for another term at the Federal Energy Regulatory Commission (“FERC” or the “Commission”) to pursue opportunities in the private sector. [Read more →]

On September 21, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) approved an uncontested settlement with its Enforcement Litigation Staff and  Energy Transfer Partners L.P., Energy Transfer Company, ETC Marketing Ltd., and Houston Pipe Line Company LP (collectively “ETP”) for $30 million in a market manipulation case.  [Read more →]

On September 22, 2009, the U.S. Environmental Protection Agency (“EPA”) issued final regulations imposing mandatory greenhouse gas (“GHG”) reporting obligations.  [Read more →]

On September 9, 2009, the Maryland Public Service Commission (“PSC”) rejected an application by American Electric Power Co., Inc. (“AEP”) and Potomac Edison Co. d/b/a Allegheny Energy Inc. to build 20 miles of high-voltage transmission line in Frederick County, Maryland. [Read more →]

On September 17, 2009, FERC issued a Notice of Proposed Rulemaking (“NOPR”) on standards for measuring and verifying the performance of demand response services.  The proposed rule would lay the groundwork for expanding the use of demand response in organized wholesale markets. [Read more →]

On September 22, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) held a public meeting on the Mandatory Reliability Standards for the Bulk Power System.  [Read more →]