FERC grants CAISO declaratory order request and accepts reliability must-run agreement *

USA - January 10 2013
On January 4, 2013, FERC granted a petition for declaratory order filed by the California Independent System Operator Corporation ("CAISO") in late…

Co-authors: Terence T. Healey , Danielle Schonback .

---

First ever admission of violation in FERC manipulation action *

USA - November 20 2012
On November 19, 2012, FERC approved a settlement agreement between its Office of Enforcement and Gila River Power LLC (“Gila River”) addressing market manipulation claims related to activity in California.

Co-authors: Gregory K. Lawrence , Terence T. Healey , Paul J. Pantano, Jr. , Doron F. Ezickson , Joseph B. Williams .

---

EPA petitions DC Circuit for rehearing of EME Homer City Generation, L.P. decision *

USA - October 15 2012
On Friday, October 5, 2012, the United States Environmental Protection Agency petitioned the full U.S. Court of Appeals for the D.C. Circuit for rehearing en banc of the decision in August 2012 by a three-judge panel of the Court to vacate the Agency’s Cross-State Air Pollution Rule in EME Homer City Generation, LLP v. EPA, No. 11-1302.

Co-authors: Anna R. Biegelsen, David F. Williams .

---

Fifth Circuit finds that an electricity requirements contract is a “forward contract” exempt from Bankruptcy Code’s avoidance powers *

USA - October 11 2012
On August 2, 2012, the United States Court of Appeals for the Fifth Circuit held that a requirements contract for electricity is a forward contract for purposes of section 546(e) of the Bankruptcy Code and, therefore, settlement payments made under the contract are exempt from avoidance as preferences.

Co-authors: Peter M. Friedman, Sarah Tucker , Audrey Aden Doline , Matthew J. Oliver.

---

The DC Circuit Court vacates cross-state air pollution rule *

USA - August 21 2012
Today, in a 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit issued its decision vacating the Environmental Protection Agency’s (EPA) Cross-State Air Pollution Rule (CSAPR), which requires significant reductions in emissions from power plants in certain states that contributed to “downwind” ozone or fine particle pollution in other states.

Co-authors: Sohair Ahmadi , Jonathan Stone, David F. Williams .

---