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Update: Recent Court Decisions, the Evolving Divide Between FERC and States Jurisdiction, and the Justiciability of Private FPA Preemption Claims
  • Hunton Andrews Kurth LLP
  • USA
  • September 20 2017

Fifty years ago, the Supreme Court held that in the Federal Power Act (FPA), Congress had drawn a “bright line, easily ascertained, between federal


Exploring ACER's decision-making powers
  • Bird & Bird
  • European Union
  • August 24 2017

The recent decision by EU energy regulators to refer to ACER the task of setting minimum and maximum prices for the EU day-ahead and intraday


Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term
  • Pillsbury
  • USA
  • August 4 2016

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and


Albany County Supreme Court Vacates New York PSC Reset Order Related to Retail Electric Supply Companies
  • Reed Smith LLP
  • USA
  • August 4 2016

A New York Supreme Court recently vacated the New York Public Service Commission's order that would have significantly altered the structure of the


CFTC Proposes Reversing Course, Granting Private Right of Action in Energy Market Manipulation
  • McDermott Will & Emery
  • USA
  • May 17 2016

Last week the Commodity Futures Trading Commission (CFTC) issued a notice of proposed order and request for comment proposing to allow a private


CFTC Proposes Amendment to RTO-ISO Order
  • Cadwalader Wickersham & Taft LLP
  • USA
  • May 12 2016

On May 10, 2016, the Commodity Futures Trading Commission (“CFTC”) proposed an amendment (“Proposed Amendment”) to an order it issued on March 28


Ontario Court of Appeal rules OEFC changes to calculation of price adjustment index breach the terms of power purchase agreement
  • McCarthy Tétrault LLP
  • Canada
  • May 3 2016

On April 19, 2016, the Ontario Court of Appeal released its decision in Iroquois Falls Power Corporation v. Ontario Electricity Financial Corporation


Federal Power ActFederal Regulation of Demand Response in the Wholesale Energy Market
  • Mayer Brown
  • USA
  • January 26 2016

The Federal Power Act (FPA) grants the Federal Energy Regulatory Commission exclusive jurisdiction over “the sale of electric energy at wholesale in


US Supreme Court Holds FERC Has Jurisdiction Over Demand Response
  • Morgan Lewis
  • USA
  • January 26 2016

Decision brings more clarity to jurisdictional boundaries between state public utility regulatory commissions and FERC set forth by the Federal Power


EU & Competition Law Review 16 December 2015
  • Roschier, Attorneys Ltd
  • European Union
  • December 16 2015

On 10 December 2015, the Commission announced that it has accepted commitments offered by Bulgarian Energy Holding ("BEH") to end restrictions of