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FERC, CFTC, and State Energy Law Developments
In a move that will save the industry about $400,000 each year, on January 19, 2012, FERC eliminated the semiannual storage reporting requirements for (i) interstate pipelines transacting under the Natural Gas Act and (ii) intrastate and Hinshaw pipelines that provide interstate services under section 311 of the Natural Gas Policy Act of 1978 and section 284.224 of the Commission’s regulations, respectively, finding them duplicative with other reporting requirements.
On January 19, 2012, FERC granted a request for jurisdictional determination filed By Kenai Pipe Line Company (Kenai), Tesoro Alaska Company (Tesoro Alaska), and Tesoro Logistics Operations, LLC (collectively, Tesoro).
On January 6, 2012, FERC issued an order rejecting Portland Natural Gas Transmission System’s (Portland Natural) compliance filing addressing certain nonconforming service agreements.
On January 19, 2012, Morgan Lewis presented the third and final part of a webinar series on hydraulic fracturing, "Private Litigation and Hydraulic Fracturing," discussed private litigation surrounding fracking, including tort and commercial lawsuits.
On January 11, 2012, FERC denied Bear Creek Storage Company, LLC’s (Bear Creek) request for rehearing of a November 17, 2011 order  in which FERC required Bear Creek to file, within 75 days, a cost and revenue study containing all of the schedules and statements required for a Natural Gas Act (NGA) section 4 rate proceeding as set forth in section 154.312 of FERC’s regulations.
On January 11, 2012, FERC issued an order approving a settlement relating to allegations that a Senior Vice President of North America Power Partners (NAPP) engaged in fraudulent conduct in violation of FERC’s prohibition against market manipulation and committed violations of the PJM Interconnection, LLC’s (PJM’s) Open Access Transmission Tariff (OATT).
On December 14, 2011, FERC rejected a merger mitigation proposal (Mitigation Proposal) submitted By Duke Energy Corporation (Duke Energy) and Progress Energy, Inc.
On November 29 and 30, 2011, FERC hosted a technical conference to explore the progress made on addressing concerns raised at the February 8, 2011 Reliability Technical Conference.
On November 29, 2011, the Federal Energy Regulatory Commission approved a Stipulation and Consent Agreement between the Office of Enforcement (Enforcement) and Holyoke Gas and Electric Department (Holyoke) in which Holyoke stipulated that it failed to report to ISO New England, Inc.