LexisNexis® Legal Newsroom
Cadwalader: Murkowski Seeks Answers from FERC on EPA Regulation's Impacts on Reliability

By Ken Irvin and Sohair Ahmadi Following testimony of the Commissioners of the Federal Energy Regulatory Commission ("FERC" or "Commission") on September 15, Senator Murkowski (R-AK) sent FERC Chairman, John Wellinghoff, several intense follow-up questions regarding the potential...

Cadwalader: FERC to Hold Technical Conference to Address Reliability

By Ken Irvin and Sohair Ahmadi The Federal Energy Regulatory Commission ("FERC" or "Commission") announced that it will hold a technical conference, open to the public, on November 29, 2011 from 1:00 p.m. to 5:00 p.m. and on November 30, 2011 from 9:00 a.m. to 4:00 p.m. to discuss...

Cadwalader Clients & Friends Memo: FERC Office of Enforcement Issues 2011 Report on Enforcement

On November 17, 2011, the Federal Energy Regulatory Commission ( FERC ) Office of Enforcement issued its 2011 Report on Enforcement ( Report ). The annual Report provides an overview of and statistics regarding FERC's enforcement activities during the fiscal year 2011 ( FY2011 ) within the Office...

Cadwalader Clients & Friends Memo: FERC and CFTC Reach Agreement on Information Sharing and Jurisdiction

After a fair amount of back-channel arm-twisting, the two agencies with principal (and sometimes overlapping) jurisdiction over energy commodities have reached agreement on two memoranda of understanding (“ MOUs ”) required by the Dodd-Frank Act. On January 2, 2014, the Federal Energy Regulatory...

Cadwalader Client & Friends Memo: FERC Enforcement Director Calls for Legislative Fix to Address Hunter Decision

On January 15, 2014, Mr. Norman Bay, Director of the Office of Enforcement at the Federal Energy Regulatory Commission ( FERC ), testified at a Senate Banking Subcommittee on Financial Institutions and Consumer Protection hearing entitled “Regulating Financial Holding Companies and Physical Commodities...

Cadwalader: Gloves Are Off: FERC Issues Public Notice of Alleged Violations in Powhatan Investigation

On August 5, 2014, the Federal Energy Regulatory Commission ( "FERC" ) issued a public Staff Notice of Alleged Violations ( "NAV" ) regarding alleged manipulative Up To Congestion trading by Powhatan Energy Fund (Powhatan) in the PJM energy market. The NAV states that FERC’s...

Cadwalader Client & Friends Memo: Clear Rift Highlighted by Commissioners’ Lack of Action on New England’s Most Recent Forward Capacity Auction Results

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 the other, over whether to accept rates resulting...

Cadwalader Client & Friends Memo: On to the Supreme Court? The D.C. Circuit Denies FERC’s Request for Rehearing En Banc of its Decision to Vacate FERC’s Demand Response Rule

On September 17, 2014, the United States Court of Appeals for the District of Columbia Circuit denied the Federal Energy Regulatory Commission’s request for rehearing en banc of the D.C. Circuit’s decision to vacate FERC’s wholesale demand response compensation rule. [1] The D.C. Circuit’s...

Cadwalader: Tariff Compliance Is Not Enough: FERC Imposes Nearly $35 Million in Penalties and Disgorgement Against Powhatan Energy Fund and Trading Associates

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 imposed civil monetary penalties of more than $29...

Cadwalader: Initial Decision Finds that BP Manipulated 2008 Natural Gas Market in Texas

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. (“ BP ”) manipulated the natural gas market...