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Bankruptcy Court: parties may not contract around mutuality requirement to circumvent prohibition against triangular setoffs

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 14 2009

The decision in In re SemCrude, L.P., et al. prohibiting parties from contracting around Bankruptcy Code section 553’s mutuality requirement may disrupt customary business practices, including those widely used in the energy, natural gas and crude oil markets, because it rules that contracting for cross affiliate netting does not “create” the mutuality required for setoff

Recent mixed reports regarding demand response and advanced metering as the stimulus package takes shape

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 16 2009

In advance of the Obama administration's stimulus package, FERC, ISO New England and the Midwest Independent System Operator released separate reports recommending expansions of Demand Response Programs

FERC provides clarification to Order 704

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 21 2009

FERC Order 704 (which has been clarified in Order 704-A and 704-B) established annual reporting requirements for natural gas wholesale market participants to be provided in FERC Form No. 552

Opening stimulus salvo is GREEN: American Recovery and Reinvestment Bill of 2009

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 20 2009

U.S. House of Representatives initial stimulus proposal describes the U.S. energy shortcomings as opportunities to put people to work in ways that will transform the U.S. economy

Comparison of the energy tax provisions in U.S. House and U.S. Senate stimulus packages

  • McDermott Will & Emery
  • -
  • USA
  • -
  • January 26 2009

The U.S. House American Recovery and Reinvestment Tax Act of 2009 and the U.S. Senate stimulus packages include favorable renewable energy incentives

FTC joins other agencies in policing oil industry “market manipulation” and “false reporting”

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 28 2008

The Energy Independence and Security Act (Energy Act) signed into law December 19, 2007, gives the Federal Trade Commission (FTC) new authority to police “market manipulation” and “false reporting” in the petroleum industry

JD Wind petition for FERC enforcement, declaratory order regarding applicability of PURPA to wind and solar facilities’ PPAs

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 28 2009

The Public Utility Commission of Texas (PUCT) recently issued an order denying a complaint by the JD Wind Companies and interpreting the Public Utilities Regulatory Policies Act of 1978 (PURPA) to prohibit wind and solar-powered qualifying facilities (QFs) from selling output under contracts with rates based on avoided costs

Energy tax provisions included in American Recovery and Reinvestment Act of 2009

  • McDermott Will & Emery
  • -
  • USA
  • -
  • February 20 2009

Of particular note, the tax provisions of the Act provide for $20 billion of investment in renewable energy

CME group releases White Paper providing recommendations for imposing position limits in energy derivatives markets

  • McDermott Will & Emery
  • -
  • USA
  • -
  • September 16 2009

The White Paper recommends a hard position limit regime for energy markets, balanced with the assurance that such limits do not have a detrimental effect on price discovery and hedging functions of futures markets

Two U.S. Supreme Court rulings pave the way, maybe

  • McDermott Will & Emery
  • -
  • USA
  • -
  • April 5 2007

On April 2, 2007, the Supreme Court ruled in a 5-4 decision (Massachusetts, et al. v. Environmental Protection Agency et al.) that the U.S. Environmental Protection Agency (EPA) had a duty to regulate carbon dioxide (CO2) and three other greenhouse gases (GHGs) as air pollutants under the federal Clean Air Act (CAA) unless it could find better support to justify its decision than it articulated to the court

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