On October 15, 2009, the Federal Energy Regulatory Commission (“FERC” or “the Commission”) issued a Notice of Proposed Rulemaking to revise the criteria and procedures for existing or proposed small power production or cogeneration facilities seeking Qualifying Facility (“QF”) status.  The Commission has also proposed to clarify that eligible solar, wind, waste or geothermal facilities that are QFs will be exempt from certain provisions of the Federal Power Act (“FPA”) and Public Utility Holding Company Act of 2005 (“PUHCA 2005”), regardless of size. [Read more →]

On October 15, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) denied New York Regional Interconnect, Inc.’s (“NYRI”) request for rehearing of FERC’s Order on Rehearing, which affirmed its acceptance of the New York Independent System Operator’s (“NYISO”) cost allocation and recovery requirements for economic upgrades to the transmission system.  The Commission’s decision may render NYRI’s proposed $2 billion transmission project infeasible. [Read more →]

On October 15, 2009 the PJM Interconnection (“PJM”) Board approved an additional $1.4 billion in electric transmission grid upgrades and enhancements.  This brings PJM’s total investment in their Regional Transmission Expansion Planning (“RTEP”) process since 2000 to $14.7 billion.  [Read more →]

On October 15, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) conditionally accepted the 2010 business plan and budget for the North American Electric Reliability Organization (“NERC”), the regional reliability entities and the Western Interconnection Regional Advisory Board.  In its order, FERC expressed considerable concern about the staffing levels at NERC and whether they are sufficient for the organization to carry out its mission. [Read more →]