
Inflation Reduction Act
Seeking the Best of Old and New, FERC Solicits Ideas on How to Create Long-term Transmission Rights in Markets With Locational Pricing
Taking another look at a controversial feature of restructured electricity markets, the Federal Energy Regulatory Commission ("FERC") recently invited the public to comment on how long-term transmission rights could exist in markets that manage congestion with locational pricing. While market...
California Assembly Considers Reductions in Greenhouse Gas Emissions Despite Concerns by Industry Groups
The Golden State is currently considering a bill (AB 1365) that will set greenhouse gas ("GHG") emission reduction targets of seven percent by 2010 and ten percent by 2020, in relation to the state's 1990 GHG emission levels. The Assembly...
FERC Seeks to Rectify Imbalance in OATT with New Rule Giving Lift to Wind
To integrate wind and other intermittent resources energy more completely into wholesale power markets, FERC has proposed a new rule that would relax the imbalance penalties that generators pay under the pro forma open-access transmission tariff ("OATT"). The proposed new...
New England Set to Implement Day-Ahead Demand-Response Market Beginning June 1
The New England Power Pool and the ISO New England finally won FERC approval in April to expand their demand-response bidding beyond real-time to the day-ahead market ¾ the Day-Ahead Load-Response Program or DALRP. This approval joins other recent regulatory...
FERC Audits Two Market-Based Rate Sellers "“ Reaction to Ninth Circuit Lockyer Decision Concerning Reporting Requirements for Market-Based Rate Sellers?
FERC announced in April that it would begin auditing power sellers with market-pricing authority for compliance with demanding quarterly reporting requirements. The audits plainly come in response to the dubious court decision in Lockyer v. FERC and signal to all...
FERC Asks for Comments on the Roles of RTOs and ISOs in Establishing Reference Prices for Mitigation
On April 1, 2005, FERC invited comments on the roles of Regional Transmission Organizations ("RTO"), Independent System Operators ("ISO"), or their market monitors in establishing reference prices to be used to lower or "mitigate" wholesale power prices deemed to be...
U.S. Supreme Court Will Not Review Decision Prohibiting Courts from Ruling on Wholesale Power Prices
Fallout from the 2000-2001 western energy crisis persisted in April. In a case involving one of the relatively smaller claims to arise out of the crisis, on April 18, 2005, the US Supreme Court denied the petition of the State...
California Assembly Again Considers Retail Choice for Large Customers
The California State Assembly is considering the possibility of returning retail choice to the state, after its suspension during the 2000-2001 energy crisis. Assembly Bill 1704 ("AB 1704"), introduced by Assemblyman Keith Richman (R-Granada Hills), would establish a core/non-core retail...
Mexican High Court Rejects Congressional Auditors' Challenge to Private Generation and Sales of Power
Private power south of the border narrowly escaped in April a congressional audit committee invalidating as unconstitutional their generation and sale of power to the national electricity monopoly, the Comisión Federal de Electricidad ("CFE"). At the request of Mexican President...
Benefits of ISOs and RTOs "“ ISO-NE Results Show Lower Prices, Increased Investment and Improved Efficiency, Reliability and Environmental Action
In its recently published "Progress of New England's Restructured Electric Industry and Competitive Markets: The Benefits of ISOs and RTOs," ISO-New England ("ISO-NE") lauds the long-term performance of its power market. Since the market's inception in 1999, New England wholesale...
U.S. District Court Finds Filed Rate Doctrine also Applies to Market-Based Rates in Natural Gas Markets
On April 8, 2005, the U.S. District Court for the District of Nevada found that the filed rate doctrine prohibited federal and state antitrust and unfair competition claims against sellers of natural gas. In In Re W. States Wholesale Natural...
Kansas Creates Electric Transmission Authority to Ensure that the Lights Stay on in the Sunflower State
Early in April, the Sunflower State followed Wyoming's lead in the creation of a state electricity infrastructure authority by passing the Kansas Electric Transmission Authority Act ("Act") and creating the Kansas Electric Transmission Authority ("Authority"). According to the Act, the...
Meet the new NNPC – different from the old NNPC?
What has happened? The Nigerian National Petroleum Corporation has officially “relaunched” as NNPC Limited in a high profile ceremony led by President Buhari. This transition involves the incorporation of a new CAMA company, which is wholly owned by the Nigerian...