The US Department of Energy (DOE) has proposed to suspend its current practice of issuing conditional decisions on applications to export liquefied natural gas (LNG) from the lower-48 states to foreign countries without free trade agreements (FTAs) with the United States.
On November 15, 2012, the US Federal Energy Regulatory Commission (FERC) issued a Policy Statement to provide additional and revised guidance regarding its evaluation of applications for electric transmission incentives under section 219 of the Federal Power Act.
The energy industry was able to heave a collective sigh of relief based on the treatment of energy transactions under the so-called Swap Product Rule jointly adopted on August 13, 2012, by the Commodity Futures Trading Commission (CFTC) and the Securities and Exchange Commission (SEC) and, in particular, the forward contract exclusion contained in the rule.
Non-utility developers and sponsors of merchant transmission are finding themselves caught in a "Catch 22" under the laws of several states as they seek to develop new projects in competition with incumbent utilities.
Through a combination of State and Federal policies, the United States has encouraged (and in some cases mandated) the development of renewable energy resources such as wind and solar generation of electricity.
The US Federal Energy Regulatory Commission (FERC) and the electric industry continue to struggle with the issue of who should bear the costs of transmission upgrades and how related planning should be handled.
Title XVII of the Energy Policy Act of 2005 authorized the US Department of Energy (DOE) to provide loan guarantees for the development of innovative technologies (i.e., technologies that are not yet commercially available at the time the guarantee is issued). Title III of the American Recovery and Reinvestment Act of 2009 (the “Recovery Act”) expanded this program.