Energy

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Cadwalader, Wickersham & Taft LLP: ‘Such a Fact Pattern Does Not a $5 Million Penalty Make’
Posted on 27 May 2015 by Cadwalader, Wickersham & Taft LLP

By Doron Ezickson , Thomas Millar and Katherine Vorhis Or so says one dissenting FERC Commissioner in the recent Maxim Power enforcement proceeding. 1 On May 1, 2015, FERC issued an order assessing civil penalties (the “Order”) of $5 million... Read More

Troutman Sanders LLP: FERC Denies Request for Refund on Polar Vortex Costs
Posted on 5 Nov 2015 by Troutman Sanders

On October 15, 2015, FERC denied Champion Energy Marketing LLC’s (“CEM”) request for a $3.1 million refund of balancing operating reserve (“BOR”) costs assessed by PJM Interconnection, LLC and PJM Settlement, Inc. (collectively... Read More

Cadwalader Client & Friends Memo: Clear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results
Posted on 1 Oct 2014 by Cadwalader, Wickersham & Taft LLP

On September 16, 2014, the Federal Energy Regulatory Commission’s four Commissioners issued statements explaining a 2-2 deadlock between Chairman LaFleur and Commissioner Moeller on the one hand and Commissioner Clark and new Commissioner Bay on... Read More

Cadwalader: Tariff Compliance Is Not Enough: FERC Imposes Nearly $35 Million in Penalties and Disgorgement Against Powhatan Energy Fund and Trading Associates
Posted on 3 Jun 2015 by Cadwalader, Wickersham & Taft LLP

On May 29, 2015, the Federal Energy Regulatory Commission ( “FERC” ) issued an Order against Powhatan Energy Fund, LLC and its trading partners, Dr. Houlihan Chen, HEEP Fund, LLC and CU Fund, Inc. (together, “Powhatan” ). FERC... Read More

Steptoe & Johnson PLLC: Court Ruling a Victory for Kentucky Pipeline Eminent Domain Opponents
Posted on 28 Mar 2014 by Steptoe & Johnson PLLC

By J. Kevin West On March 25, 2014, a Circuit Court in Kentucky ruled in favor of those opposed to an interstate natural gas liquids (“NGLs”) pipeline’s potential use of eminent domain under the laws of the Commonwealth of Kentucky... Read More

Steptoe & Johnson PLLC: FERC Electric Transmission Line Rate Incentives Affirmed
Posted on 11 Feb 2014 by Steptoe & Johnson PLLC

By Kurt L. Krieger On January 24, the United States Court of Appeals for the Fourth Circuit upheld a 2012 order issued by the Federal Energy Regulatory Commission (“FERC”) denying rehearing of a 2008 order granting rate incentives to an... Read More

Troutman Sanders LLP: Supreme Court Hears Oral Arguments for FERC’s Demand Response Rule
Posted on 4 Nov 2015 by Troutman Sanders

On October 14, 2015, the U.S. Supreme Court heard oral arguments in Electric Power Supply Ass’n v. FERC regarding FERC Order No. 745, “Demand Response Compensation in Organized Wholesale Energy Markets” [lexis.com subscribers may access... Read More

Troutman Sanders LLP: California District Court Affirms FERC’s Jurisdiction in Barclays Civil Penalty Case
Posted on 27 May 2015 by Troutman Sanders

On May 20, 2015, the U.S. District Court of the Eastern District of California (“District Court”) upheld FERC’s decision that it had jurisdiction over Barclays Bank PLC and four traders (collectively, “Barclays”) for allegedly... Read More

Steptoe & Johnson PLLC: FERC Takes Further Action to Promote Gas and Electric Industry Coordination
Posted on 24 Mar 2014 by Steptoe & Johnson PLLC

B y Kurt L. Krieger On March 20, the Federal Energy Regulatory Commission (“FERC”) issued three separate but related items as part of FERC’s ongoing efforts to address gas and electric industry coordination issues arising from the... Read More

DLA Piper Energy Bulletin
Posted on 30 Jun 2015 by DLA Piper

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. • Railroad industry leader sees jump ahead in volume of crude-by-rail. Are oil companies... Read More

Cadwalader: Initial Decision Finds that BP Manipulated 2008 Natural Gas Market in Texas
Posted on 18 Aug 2015 by Cadwalader, Wickersham & Taft LLP

Introduction On August 13, 2015, a Federal Energy Regulatory Commission (“ FERC ” or “ Commission ”) Administrative Law Judge (“ ALJ ”) issued an initial decision in which she found that BP America Inc. et al. (“... Read More

Williams Mullen: FERC Urged To Revise Generator Interconnection Procedures and Agreement
Posted on 5 Nov 2015 by Williams Mullen

By Robert F. Riley It has been over twelve years since the Federal Energy Regulatory Commission (FERC) issued the pro forma Large Generator Interconnection Procedures (LGIP) and pro forma Large Generator Interconnection Agreement (LGIA) for generators... Read More

DLA Piper Energy Report: U.S. Supreme Court Hears Arguments On FERC Rule
Posted on 21 Oct 2015 by DLA Piper

This regular publication by DLA Piper lawyers focuses on helping clients navigate the ever-changing business, legal and regulatory landscape. • Supreme Court hears “demand-response” arguments on FERC rule. On October... Read More

Troutman Sanders LLP: Supreme Court Grants Certiorari of Cases Involving FERC’s Authority Over State Capacity Programs
Posted on 5 Nov 2015 by Troutman Sanders

On October 19, 2015, the United States Supreme Court (“Supreme Court”) granted certiorari for a consolidated case involving the limits of FERC’s jurisdiction when regulating state capacity programs. The cases— Hughes v. PPL EnergyPlus... Read More