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Results: 1-10 of 192

D.C. Circuit affirms FERC ROE policy but reverses for failure to apply APA official notice rule

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • May 10 2013

The D.C. Circuit's remand today of a FERC transmission incentive rate of return order relating to Southern California Edison Company ("SoCal Edison"

Hydraulic fracturing bans: New York appellate court affirms zoning bans at the local level

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • May 3 2013

In New York, municipalities can more effectively seek to "zone out" oil and gas operations by passing zoning ordinances. An appellate panel of the

Buyer beware: FERC stymies Wayzata investment fund’s power plant acquisition plans

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • March 12 2013

On March 7, 2013, the Federal Energy Regulatory Commission ("FERC") issued an order denying a request for authorization pursuant to Section 203 of

FERC articulates flexible approach to aggregation of open-season bids

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • January 15 2010

FERC recently articulated a broad view of pipelines’ ability to "aggregate" bids when using a net present value (NPV) evaluation process in awarding open-season capacity

Administrative judge decision explores “subjective” parameters of unlawful market manipulation

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • February 10 2010

Wending its way to FERC on exception (appeal) is Administrative Judge Carmen Cintron's January 22 initial decision finding that lead natural gas trader for hedge fund Amaranth Advisors, Brian Hunter, manipulated the price of New York Mercantile Exchange (NYMEX) natural gas futures contracts in order increase earnings on futures look-alike contracts (primarily swaps) that Amaranth concurrently held on the largely unregulated exchanges, Intercontinental Exchange (ICE) and Clearport, or over-the-counter (OTC

PJM provides its view - Internal Bilateral Transactions: Regulatory Risk & Confusion Reign

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • June 15 2012

As explained in our alert "Internal Bilateral Transactions: Regulatory Risk & Confusion Reign" dated June 6, 2012, significant regulatory ambiguity exists concerning the regulatory status and compliance criteria for Internal Bilateral Transactions (IBTs), particularly in the PJM Interconnection (PJM

Fifth Circuit decision threatens a tsunami of climate change tort cases while the defense bar awaits a circuit split

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • October 22 2009

On October 16, the United States Court of Appeals for the Fifth Circuit revived a lawsuit filed by residents and property owners along the Mississippi Gulf coast against several corporations in the energy, fossil fuels and chemicals industries alleging that the defendants were responsible for property damage caused by Hurricane Katrina

FERC streamlines regulation of demand response aggregators

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • January 21 2010

In response to a request from EnergyConnect, Inc. an aggregator of retail power customers FERC in a January 19 order disclaimed Federal Power Act regulatory jurisdiction over retail aggregators that provide service only from demand response resources ” because they deal only in agreements to reduce demand, i.e., agreements not to purchase electric energy under certain circumstances, rather than agreements to sell electric energy at wholesale.”

Rate base, but no tracker, for Maryland smart grid program costs

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • August 17 2010

Baltimore Gas & Electric (BG&E) won Maryland PSC approval late Friday for an $833 million smart grid plan pursuant to which it will install 3,000 smart meter devices per day through 2014

CFTC designates four additional electricity contracts as SPDCs

  • Bracewell & Giuliani LLP
  • -
  • USA
  • -
  • July 22 2010

The Commodity Futures Trading Commission (CFTC) issued two orders on July 9, 2010, designating four monthly electricity contracts as Significant Price Discovery Contracts (SPDC) pursuant to section 2(h)(7) of the Commodity Exchange Act (CEA

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