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Kentucky PSC Accepts Settlement in Big Rivers Environmental Case

The Kentucky Public Service Commission (Kentucky PSC) has accepted a regarding a proposed environmental compliance plan and environmental surcharge request submitted by Big Rivers Electric Corporation (Big Rivers).  Under the proposed plan, Big Rivers will not be required to construct the most costly emission control projects from its original plan, reducing the total cost from $283.5...

California ISO Approves Participation by Nevada Coop

The California Independent System Operator (California ISO) recently approved Nevada-based Valley Electric Association, Inc.’s (VEA) participation agreement to join the California ISO in January 2013.  VEA is the first utility outside of California to join the regional market.  The coop’s renewable generation portfolio will be used to satisfy California’s aggressive renewable energy...

NRECA Supports Expansion of the “Small Business” Definition

The National Rural Electric Cooperative Association (NRECA) commented on the Small Business Administration’s proposed update to the definition of a “small business,” expressing the need for a size standard based on the number of employees and specific sector of the energy industry.  Coops currently classified as small businesses will not be affected by any new standard, but additional...

FERC Receives Mixed Responses Over Proposed Change in Merchant Transmission Policy

The Federal Energy Regulatory Commission (FERC) has received mixed responses over its proposed change in policy regarding merchant transmission project capacity allocation.  The proposed policy would allow merchant transmission project developers to bilaterally negotiate market-based, rather than cost-based, rates for up to 100 percent of their projects’ capacity.  If implemented, this...

Electricity Groups Claim New CFTC Reporting Rules Too Confusing

The National Rural Electric Cooperative Association (NRECA) and two other electricity trade groups sent a letter to the US Commodity Futures Trading Commission (CFTC) earlier this week complaining about new reporting rules for traders of physical commodities and commodity derivatives.  The groups claim that the new rules, particularly the new form that traders will be required to file...

FERC Launches New Cybersecurity Office

The Federal Energy Regulatory Commission (FERC) is creating a new office to address cyber and physical security risks to FERC-jurisdictional facilities, such as electric generation and transmission facilities, oil and gas pipelines, and LNG terminals. The new Office of Energy Infrastructure Security (OEIS) will rely on FERC’s existing statutory authority in providing “leadership,...

Coop Affected by Court’s Grant of EPA Request to Stall MACT Lawsuits

A federal appeals court has granted the U.S. Environmental Protection Agency’s (EPA) request to hold pending lawsuits over its utility maximum achievable control technology (MACT) air toxics rule in abeyance until the EPA completes its reconsideration of the rule.  The lawsuits being held in abeyance were filed by developers of new power plants, including Deseret Power Electric...

Sutherland Coop Webinar Series – Webinar II: Current Issues in Energy Trading Agreements

David McIndoe, Tom Warren and J.J. Kubicek discussed current topics in master agreements for physical and financial energy trading and highlighted best practices and pitfalls in negotiating ISDA, EEI and NAESB Agreements.  The presentation included issues raised by new rules under the Dodd-Frank Act.  To view the webinar, click here.

NRECA Recommends Approval of Revised “Bulk Electric System” Definition

The National Rural Electric Cooperative Association (NRECA) recently submitted a filing with the Federal Energy Regulatory Commission (FERC) (Docket Nos. RM12-6, RM12-7) supporting the revised definition of the term “Bulk Electric System” as approved by the North American Electric Reliability Corporation (NERC) in January.  The NRECA noted that the revised definition would better focus...

MPSC Orders Opt-Out Right for Smart Meters

Due to cost concerns raised by customers, the Michigan Public Service Commission (MPSC) has ordered certain investor-owned electric utilities to provide an opt-out option for Advanced Metering Infrastructure (AMI), based on cost-of-service principles, for their customers if the utility elects to implement AMI.  The entire order, including the list of applicable electric utilities, can...

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