Category — Planning & Development
FERC Sets For Hearing Puget’s Tariff Revisions Regarding Intermittent/Non-Dispatchable Generators
In a case that highlights some of the regulatory challenges presented by shifts in the nation’s generation mix, on October 20, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) accepted Puget Sound Energy, Inc.’s (“Puget”) proposed Schedules 3 and 13 concerning rates for Regulation and Frequency Response Service, but suspended them for a five-month period, to become effective January 5, 2012, subject to refund, and set them for hearing and settlement judge procedures. [Read more →]
October 31, 2011 Comments Off
DC Circuit Vacates FAA Determination that Cape Wind Project Poses No Harm
On October 28, 2011, the United States Court of Appeals for the District of Columbia Circuit (”DC Circuit) vacated and remanded the Federal Aviation Administration’s (”FAA”) “No Hazard” determinations for the Cape Wind Associates’ proposed wind farm off of the Nantucket Sound (”Cape Wind project”). The DC Circuit ruling is another major setback to the Cape Wind project that had its loan program put on hold earlier this year by the Department of Energy (see May 23, 2011 edition of the WER). [Read more →]
October 31, 2011 Comments Off
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, the SGEIS would still prohibit drilling in the watersheds that serve New York City and Syracuse, any state owned lands, and all primary and principal aquifers. [Read more →]
July 12, 2011 Comments Off
FERC Acts On Dispatchable Intermittent Resources Within MISO
On February 28, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) conditionally accepted in part updates to the Midwest Independent Transmission System Operator, Inc.’s (“Midwest ISO”) Open Access Transmission, Energy, and Operating Reserve Markets Tariff (“tariff”) that created a new category of resources named Dispatchable Intermittent Resources. This new category will allow wind to be treated like other power resources and participate in the region’s real-time energy market. Thus, the new category of resources will be able to set market prices and receive real-time make whole credits. The new changes will be in effect as of March 1, 2011, which will permit new wind Dispatchable Intermittent Resources (“DIRs”) to begin participating in MISO markets as of June1, 2011. [Read more →]
March 15, 2011 Comments Off
EPA Releases Long-Awaited Emissions Standards for Boilers and Incinerators: Some Relief for Existing Solid Fuel Sources, Less So for Others
Yesterday, EPA released a package of rules to impose new emissions standards for industrial boilers and incinerators known as “Maximum Achievable Control Technology” (MACT). The rules included emissions standards for five hazardous air pollutants or surrogates of hazardous air pollutants emitted from boilers at “major” and “area” sources and incinerators of solid waste or sewage sludge. In addition to the emissions standards themselves, EPA’s rule package included a redefinition of the term “solid waste” under the Resource Conservation and Recovery Act (RCRA). [Read more →]
February 24, 2011 Comments Off




