On November 3, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) conditionally approved the New York Independent System Operator, Inc.’s (“NYISO”) request to subject three generators to a new market mitigation measure, effective September 8, 2009, in response to conduct NYISO identified as an abuse of market power (“November 3 Order”). [Read more →]

On November 6, 2009, the U.S. Environmental Protection Agency (“EPA”) sent its final proposal on whether carbon dioxide and other greenhouse gas emissions pose a danger to human health and welfare to the White House Office of Management and Budget (“OMB”) for review.  [Read more →]

On November 10, 2009, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) rejected a proposal by NorthWestern Energy (“NorthWestern”) to amend its Open Access Transmission Tariff (“OATT”) to require that wind generators provide their own regulation services for power exported outside of its balancing authority area. [Read more →]

On October 21, 2009, four former chairmen of the Federal Energy Regulatory Commission (“FERC” or the “Commission”) filed a brief as amici curiae at the United States Supreme Court (“Supreme Court”), arguing that a lower court’s interpretation of  the Commission’s backstop transmission siting authority was too narrow (see February 20, 2009 edition of WER).  [Read more →]