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Washington Energy Report

October 19, 2009

FERC Generally Reaffirms Standards of Conduct

On October 15, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued its rehearing of Order No. 717, Standards of Conduct for Transmission Providers (“SOC”).  [Read more →]

California Federal Court Dismisses Global Warming Common Law Nuisance Lawsuit

On October 15, 2009, the United States District Court for the Northern District of California (the “Court”) dismissed a lawsuit brought by the Kivalina Alaska Native Village and others against a large number of energy companies, continuing the saga of whether energy companies can be sued under tort law for emitting greenhouse gases (“GHGs”).  [Read more →]

FERC Confirms Reliability Jurisdiction Over Federal Agencies

On October 15, 2009, the Commission issued an order confirming its jurisdiction to enforce reliability standards over federal agencies that use, own or operate the bulk power system.  [Read more →]

Commission Clarifies Policy on Flow-Through of Discounted or Negotiated Usage and Fuel Charges to Asset Managers

On October 15, 2009, the Commission issued an order regarding the usage and fuel charges to be paid by an asset manager replacement shipper under the Commission’s capacity release program.  [Read more →]

FERC Rules on Texas Eastern Negotiated Fuel Rate Caps

On October 15, 2009, the Commission released an order addressing Texas Eastern Transmission LP’s (“Texas Eastern”) filing of two letter agreements and revised tariff sheets modifying previously filed negotiated rate agreements with New Jersey Natural Gas Company (“New Jersey”) and PSEG Power, LLC (“PSEG”).  The modifications included negotiated fuel rate caps and a provision that the negotiated fuel rate cap would apply to any replacement shipper if New Jersey or PSEG released their capacity.  [Read more →]

FERC Sides Against Midwest ISO on New Transmission Line Cost

On October 9, 2009, FERC conditionally accepted the Midwest Independent Transmission System Operator, Inc.’s (“Midwest ISO”) filing of an unexecuted amended and restated generator interconnection agreement (“IA”) among Midwest ISO, Community Wind North LLC (“Community Wind”) and Northern States Power Company (“NSP”), subject to Community Wind not having to pay for a new 230-mile transmission line. [Read more →]

NARUC Asks Supreme Court to Rule on Jurisdiction Over Capacity Requirements

On October 5, 2009, the National Association of Regulatory Utility Commissioners (“NARUC”) and a group of state utility regulators filed a brief requesting that the Supreme Court overturn a June 23, 2009 decision by the United States Court of Appeals for the D.C. Circuit (“D.C. Circuit”) regarding jurisdiction over capacity requirements.  [Read more →]

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