by David Pettit

On August 1, 2012, the U.S. House of Representatives passed the Resolving Environmental and Grid Reliability Conflicts Act of 2012 (H.R. 4273) with broad bipartisan support to address the unenviable position of power plants that could become subject to liability under the Clean Air Act for complying with an order to operate and ensure reliability under the Federal Power Act. 

This tension between the Department of Energy’s (DOE) authority under the Federal Power Act to order power

On June 16, 2011, the Federal Energy Regulatory Commission (FERC) issued a notice of inquiry (NOI) in Docket Nos. RM11-24-000 and AD10-13-000 seeking comment on ways to facilitate the increased market-based provision of ancillary services traditionally supplied by transmission providers that help the bulk power grid to operate more smoothly and reliably from all resource types, especially from new electric storage technologies.   FERC has taken a number of actions in recent years to foster the development of wholesale energy markets