Law360 (November 1, 2010, 2:04 PM EDT) -- On Oct. 21, 2010, the Federal Energy Regulatory Commission issued an order granting clarification and dismissing rehearing [1] [the clarification] of a petition filed by the California Public Utilities Commission on May 4, 2010. The CPUC had requested that FERC issue a declaratory order finding that sections 205 and 206 of the Federal Power Act and section 210 of the Public Utility Regulatory Policies Act of 1978 (PURPA) did not preempt the CPUC's decision implementing California's Waste Heat and Carbon Emissions Reduction Act Assembly Bill 1613. FERC's initial response had been that the CPUC decision was in large measure preempted because it intruded on FERC's exclusive authority to regulate wholesale sales of electricity....
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