Declaratory

Two conservation groups are suing the Delaware River Basin Commission (DRBC) for allowing natural gas development in the watershed prior to a moratorium instituted last year. The plaintiffs have asked the court to have the drilled wells removed, “and the sites cleaned up and restored to natural conditions.”

Kerr-McGee Oil and Gas Corp. has asked a federal court for a declaratory judgment and an injunction against the Interior Department and Johnnie Burton, Interior’s acting assistant secretary for Land and Minerals Management, saying the government is illegally attempting to force Kerr-McGee to pay royalties on deepwater Gulf of Mexico production exempted by law from royalties.

ISO New England Inc. (ISO-NE) and six New England powertransmission companies filed today a joint petition yesterday withFERC for a declaratory order to form the New England RegionalTransmission Organization (NERTO). Under the plan, which was inresponse FERC Order 2000, ISO-NE, Bangor Hydro-Electric, CentralMaine Power, National Grid USA, Northeast Utilities, The UnitedIlluminating Company, and Vermont Electric Power propose a RegionalTransmission Organization (RTO) consisting of two entities workingin concert: (1) a new independent transmission company, NortheastIndependent Transmission Company, LLC (NE ITC); and (2) anindependent system operator (ISO). Like ISO-NE, the NE ITC will besubject to FERC regulations. Under the plan, ISO-NE will be thesystem operator for the New England control area, administer thewholesale markets in the region, and provide most ancillaryservices through its tariff. ISO-NE has proposed that the NewEngland Power Pool (NEPOOL) have a continuing role, albeitmodified, in the development and modification of the rules for theNew England markets and with respect to related agreements, andthat immediate steps be taken to increase conformance of the NewEngland and New York markets.

Maine and New Hampshire regulators have asked FERC to deferconsideration of a petition for declaratory order that would allowGranite State Gas Transmission to recover millions of dollars inpreliminary development costs for a controversial liquefied naturalgas (LNG) facility in Wells, ME, that’s not even likely to bebuilt.