The Impact Of House Climate Legislation On FERC

Law360, New York (July 17, 2009, 1:57 PM EDT) -- Now that the House has passed the American Clean Energy and Security Act of 2009 (ACES) and parallel legislation is making its way through the Senate process, it is appropriate to consider what roles the Federal Energy Regulatory Commission may assume if a climate change law is enacted.

ACES designates FERC as the regulator in charge of the primary market for “regulated allowances,” including allowances for carbon emissions. This would greatly expand FERC’s role as a federal regulator, significantly increasing the types of companies that FERC...
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