News Release from Troutman Pepper Hamilton Sanders LLP


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Troutman Sanders LLP: Washington Energy Report

Entergy to Join MISO
On April 25, 2011, Entergy Corporation (“Entergy”) announced that the company will be joining the Midwest Independent System Operator (“Midwest ISO” or “MISO”). Entergy expects to formally join MISO by December 2013. Entergy anticipates making their initial filings with retail regulators on or before May 12, and soon thereafter, Entergy will file their formal retail regulatory filings.

FERC Proposes Mandatory Submission of NERC e-Tag Data
On April 21, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) released a Notice of Proposed Rulemaking (“NOPR”) that would require the North American Electric Reliability Corporation (“NERC”) to provide Commission staff with access to electronic tags (“e-Tags”) or requests for interchange used to schedule wholesale power.

NYISO Releases “Power Trends 2011”
On April 25, 2011, the New York Independent System Operator (“NYISO”) issued its annual review document, “Power Trends 2011: Energizing New York’s Legacy of Leadership” (the “Report”). In the Report, NYISO president and CEO, Stephen G. Whitley, announced: “[t]he immediate outlook for New York’s electric system is positive, but the sustained adequacy of power resources may be affected by a variety of emerging challenges.”

CFTC Swap Definition Could Capture FTRs
On April 27, 2011, the Commodity Futures Trading Commission (“CFTC”) and Securities Exchange Commission (“SEC”) issued a proposed rule to further define “swap,” “security-based swap” and “security-based swap agreement” in connection with the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”).

FERC Affirms Initial Decision against Brian Hunter and Orders Civil Penalty Payment
On April 21, 2011, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) Commission affirmed the Initial Decision of Administrative Law Judge Carmen Cintron (the “Initial Decision”) determining that Brian Hunter violated the anti-manipulation rule in the first fully-litigated proceeding under FERC’s enhanced enforcement authority under § 4A of the Natural Gas Act. The rule prohibits manipulation in connection with transactions under the jurisdiction of FERC (see January 28, 2010 edition of the WER). The Commission also ordered a $30 million dollar civil penalty.
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