California Supreme Court Puts Re-Regulation Proposition Back on the Ballot

Controversial Proposition 80 , which seeks to re-regulate California's electricity market, should be put to a vote in the upcoming November 8 elections, according to the Golden State's highest court. The court's decision overturns a July 22 ruling of a lower court that would have kept Proposition 80 off of the ballot. The lower court ruled that Proposition 80 was unconstitutional on its face because it would expand the authority of the California Public Utilities Commission ("CPUC") to regulate the energy industry, a role that the court found to be reserved for the California Legislature...

Texas Ups Renewable Energy Requirements

Texas Governor Rick Perry has signed legislation requiring increased development of renewable energy in Texas. The legislation requires the installation of another 3,000 MW of renewable energy on top of current Texas law requirements. Texas has taken a different approach in mandating renewable energy development compared to other states. Most states with renewable energy portfolio legislation require load-servers to include a given percentage of renewable energy in the energy they provide to retail consumers. Texas, however, mandates the construction of certain amounts of renewable energy. As...

Congress Enacts Energy Bill

One month after the Senate approved its version of a comprehensive energy bill, see Senate Votes in Favor of Energy Bill, Tumultuous Conference Awaits , Congress enacted the Energy Policy Act of 2005. Although maligned by energy and taxpayer watchdogs as a "piñata of perks and pork" for big oil, big nuclear and other entrenched energy industries, the 2005 Act, as it affects certain aspects of the power and natural gas industries, promises to profoundly change the structure and prospects of new energy business organizations and the viability of new liquefied natural gas and power transmission...

Duke Energy Asks FERC to Approve MISO as ICT for Duke Facilities; Entergy and SPP Come to Terms on ICT Agreement

In a partial concession to FERC's insistence that transmission-owning utilities surrender operational control of their transmission systems to independent operators, on July 22, 2005, North Carolina-based Duke Energy asked FERC to approve amendments to its open-access transmission tariff ("OATT") that would allow the Midwest Independent Transmission System Operator ("MISO") to act as an Independent Coordinator of Transmission ("ICT") for Duke's transmission facilities. Under Duke's proposal, MISO would oversee and administer - but not operate -Duke's transmission grid. MISO would not have the...

Entergy Will Not Renew Market-Based Rate Authority

Entergy Services has notified FERC that it no longer seeks market pricing authority for its wholesale sales of power, and will instead charge cost-based rates for power sales in its home territory. The move leaves Southern Company, of the three utilities originally cited by FERC for market power concerns in 2001, as the only utility still seeking to maintain its market-based rate authority. Entergy's decision to abandon its market-based rate application concludes a protracted dispute that began in 2001, when FERC abandoned its "hub-and-spoke" test for market power and instituted the "supply...

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