Troutman Sanders LLP: New York Moves To Allow, While New Jersey May Ban, Shale Fracking

On Friday, July 1, 2011, the New York Department of Environmental Conservation ("DEC") released its draft supplemental generic environmental impact statement ("SGEIS"), a proposal that would grant access to more than 80% of the shale formations within the state of New York. Notably...

Troutman Sanders LLP: Lawsuit Filed Against New York's Participation In RGGI

On June 28, 2011, two business women with the assistance of the Competitive Enterprise Institute ("CEI") and Americans for Prosperity filed a lawsuit against the state of New York for participation in the Regional Greenhouse Gas Initiative ("RGGI") program because the interstate compact...

Troutman Sanders LLP: FERC Announces Public Review of Regulations

On July 11, 2011, FERC Chairman Jon Wellinghoff announced that the Commission will engage in a public effort to "reassess and streamline" their federal regulations. The Commission is acting to implement President Barack Obama's July 11th executive order that asks FERC and other independent...

Troutman Sanders LLP: Chesapeake Energy Announces New, $1 Billion Gas Plan

On Monday, July 11, 2011, Chesapeake Energy Corporation ("Chesapeake") announced its plan to spend over $1 billion over the next 10 years in order to help spur the development and demand for domestic supplies of natural gas and oil. Chesapeake stated that it hopes that its plan will help create...

Troutman Sanders LLP: EPA Issues Strict New Cross-State Air Pollution Rule for Power Plants

On July 7, 2011, the U.S. Environmental Protection Agency ("EPA") issued new rules requiring power plants in 27 eastern, mid-western, and southern states to cut emissions of nitrogen oxide by 54% and sulfur dioxide by 73% from 2005 levels by the time the rules take full effect in 2014. The...

Troutman Sanders LLP: FERC Approves Merger of Northeast Utilities and NSTAR

On July 6, 2011, the Federal Energy Regulatory Commission ("FERC" or the "Commission") approved the proposed merger of NSTAR and Northeast Utilities (the "Merger"). The newly formed utility will operate under the name Northeast Utilities.Previously, the two companies announced...

Troutman Sanders LLP: FERC Finds Insufficient Consensus to Issue Rulemaking on Smart Grid

On July 19, 2011, FERC issued an order on Smart Grid Interoperability Standards, and found insufficient consensus to institute a rulemaking proceeding to adopt the five families of standards identified by the National Institute of Standards and Technology ("NIST") as ready for review by the...

Troutman Sanders: Multiple Parties Seek One-Year Delay of EPA MACT Rule

On October 13 and 14, 2011, the National Mining Association ("NMA"), twenty-five states and Guam, and other public interest groups submitted amicus briefs to the United States District Court for the District of Columbia, in support of Utility Air Regulatory Group's ("UARG") motion...

U.S. Court of Federal Claims Finds BPA and WAPA to be in Breach of Contract

On May 2, 2012, United States Federal Court of Claims issued a ruling in Case Nos. 07-157C and 07-167, holding that the Bonneville Power Administration ("BPA") and the Western Area Power Administration ("WAPA") are in breach of a present contractual duty to pay refunds that they owe...

Troutman Sanders LLP: Duke, Progress File Updated Settlement Agreement in North Carolina

By Troutman Sanders LLP On May 8, 2012, Duke Energy Corp. ("Duke") and Progress Energy, Inc. ("Progress") (collectively, "Applicants") entered into a supplemental merger settlement agreement with the North Carolina Utilities Commission ("NCUC") Public Staff...

Troutman Sanders LLP: Commission Approves Duke and Progress Merger Subject to Certain Conditions

On June 9, 2012, the Commission accepted the revised compliance filing by Duke Energy Corp. ("Duke") and Progress Energy, Inc. ("Progress") (collectively the "Applicants"), paving the way for full Commission approval of their merger. As reported in the April 2, 2012 edition...

Troutman Sanders LLP: Carbon Savings of Wind Likely Reduced by Ramping of Fossil Fuels to Balance Intermittency

Researchers at the U.S. Department of Energy's Argonne National Laboratory recently performed a modeling study aimed to quantify the total effect that increases in wind energy will have on pollutant emissions from an electric power system. Although wind energy generation does not itself generate...

Troutman Sanders LLP: FERC Adopts a Paper Hearing for NERC Audit Report Dispute

On June 4, 2012, FERC issued an order adopting a paper hearing process to address audit recommendations and factual findings in an ongoing dispute between FERC Staff and the North American Electric Reliability Corporation ("NERC") over a financial performance audit ( see June 4, 2012 edition...

FERC Provides Guidance to PJM Limited Liability and Worker Safety Issues

On June 7, 2012, FERC provided guidance to PJM Interconnection, L.L.C. ("PJM") on whether there was a responsibility to oversee worker safety under its Open Access Transmission Tariff ("OATT") and whether the OATT's limited liability clause precludes a negligence tort claim by...

Troutman Sanders: DOI and DOE Release 'Roadmap' for Solar Energy Development

On July 27, 2012, the Department of the Interior ("DOI") Bureau of Land Management ("BLM") and the Department of Energy ("DOE") announced the availability of the Final Programmatic Environmental Impact Statement ("PEIS") for solar energy development in Arizona...

Troutman Sanders LLP: FERC Allows Non-public Information Sharing Between Gas Pipelines, Electric Utilities

By Troutman Sanders LLP On November 15, 2013, FERC issued Order No. 787, authorizing interstate natural gas pipelines and electric transmission operators to voluntarily share non-public, operational information with each other to promote grid reliability and operational planning. In doing so, FERC...

Troutman Sanders LLP: Louis Dreyfus Settles FERC Market Manipulation Case for $7.8 Million

On February 7, 2014, FERC approved a Stipulation and Consent Agreement (“Agreement”) between the Office of Enforcement (“Enforcement”) and Louis Dreyfus Energy Services L.P. (“LDES”) regarding LDES’ virtual trading in the markets operated by the Midcontinent...