EPA proposes CO2 emissions standards for new fossil fuel-fired power generators *

USA - April 3 2012
On March 27, 2012 the Environmental Protection Agency (“EPA”) submitted for publication in the Federal Register a notice of proposed rulemaking that would set standards of performance for CO2 gas emissions for new fossil fuel-fired electric utility generating units (“EGUs”) with a base load rating of more than 73 MW (the “proposed rule”).

Co-authors: Victoria Lauterbach, Joseph B. Williams , Athena Y. Eastwood .

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Senator Stabenow’s alternative energy tax incentive measure fails to pass senate *

USA - March 19 2012
On March 13, an amendment to the “Moving Ahead for Progress in the 21st Century Act” (which is also known as the “Surface Transportation Act”) that would have reestablished and extended several tax incentives for alternative energy, failed to garner the required 60 votes for approval.

Co-authors: David Miller, Daniel Mulcahy, Harley Raff .

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Clean energy standard legislation introduced in Senate *

USA - March 2 2012
On March 1, 2012 Senate Energy and Natural Resources Committee Chairman Jeff Bingaman (DNM) introduced the Clean Energy Standard Act of 2012, legislation that seeks to reduce greenhouse gas emissions and encourage low-carbon energy sources through the establishment of a federal clean energy standard (CES).

Co-authors: Margo Dey, Jonathan H. Flynn , Athena Y. Eastwood .

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Duke-Progress merger delayed by FERC ruling; implementing tariffs also rejected without prejudice *

USA - December 19 2011
On December 14, 2011, the Federal Energy Regulatory Commission (“FERC”) determined that, although conditionally authorizing the proposed merger on September 30, 2011 subject to approval of appropriate market power mitigation, it cannot approve the merger of Duke Energy Corp. (“Duke”) and Progress Energy Inc. (“Progress”, collectively, “Applicants”) because the Applicants’ proposed mitigation plan is inadequate to remedy their merger’s harmful effects on competition.

Co-authors: Terence T. Healey , Sarah Tucker .

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First time for everything: finding unduly discriminatory treatment of wind generators and compelling circumstances, FERC exercises its Section 211A authority to order BPA to change its ways *

USA - December 13 2011
On December 7, 2011, the Federal Energy Regulatory Commission (FERC) determined that Bonneville Power Administration’s (BPA) use of environmental redispatch to address excess water supply and low load by curtailing renewable and thermal generators in favor of federal hydropower providers unfairly discriminated against wind generators.

Co-authors: Terence T. Healey , Sarah Tucker .

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