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Energy Law

Energy Legal Blog

Powered by the attorneys of Bracewell & Giuliani, Energy Legal Blog is your resource for updates and analysis on national and regional energy issues.

Post Frequency: 2/day

Last Entry: March 21, 2011 at 10:59:17

FERC Allows Duquesne to Exit PJM, but with Conditions

Posted on January 29, 2008
FERC on January 17 conditionally approved Duquesne Light's request to withdraw from the PJM Interconnection and join the Midwest Independent System Operator. Last November, Duquesne filed an application with FERC seeking approval to leave PJM over rising capacity costs as a result of PJM's new forward capacity market...

Maryland Energy Administration Calls for Efficiency and More Local Generation

Posted on January 17, 2008
The Maryland Energy Administration (MEA) released its Strategic Electricity Plan on January 14 in an effort to help customers lower their energy bills. The plan, focused on conservation, efficiency and local new generation, also came in response to Maryland Governor Martin O'Malley's recent warning that the state could face serious power shortages in the near future...

New Reliability Standards for Cyber Security and Facilities Design Adopted for North American Grid

Posted on January 17, 2008
FERC in a January 17 order approved eight new Reliability Standards developed by the North American Electric Reliability Corporation (NERC) regarding Cyber Security (CIP). These approvals come on the heels of FERC's approval last month of three new standards relating to Facilities Design, Connections and Maintenance (FAC)...

Revised Contents of Sellers' Market-Based Rate Tariffs Clarified

Posted on January 15, 2008
In a late December order addressing National Grid USA's proposed revision to its market-based rate (MBR) tariff in compliance with last summer's Order No. 697, FERC clarified several aspects of that order. First, FERC reminded MBR power wholesalers that they must specify in their tariffs any limitations on or exemptions to their MBR authority...

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Federal Trade Commission Examines Green Marketing and Carbon Offset Markets

Posted on January 14, 2008
With increased concern about climate change, but limited government action, voluntary carbon markets have bloomed in recent years. The Federal Trade Commission (FTC), which regulates advertising claims, is now taking a closer look at these new carbon offset markets to gauge how the money they attract is being invested...

Final Skirmishes in Enron Contract Wars Draw to Close

Posted on January 11, 2008
Resolving the last remaining claims against Enron stemming from the 2000-2001 California energy crisis, over the past week, FERC approved two settlements involving Enron: one with the Port of Seattle, Washington (Port), and the other with Public Utility District No...

FERC Tweaks Open-Access Reforms in Order No. 890-A

Posted on January 10, 2008
In late December FERC issued Order No. 890-A, clarifying and modifying the reforms it made in Order No. 890 to open-access transmission requirements originally established by Order Nos. 888 and 889 and revising the associated pro forma open access transmission tariff...

FERC Provides Clarification to Financial Houses' Utility Security Acquisition Authority

Posted on January 10, 2008
Following up on its grant last fall of extensions of blanket authorization to Goldman Sachs (Goldman) and two other financial houses to acquire securities of electric utilities without prior FERC authorization, FERC has now responded to a Goldman request for clarification regarding this new authority...

Incentive Rates to Support Transmission from Midwest Wind Projects

Posted on December 31, 2007
The Federal Energy Regulatory Commission (FERC) granted Xcel Energy Services, Inc.?s request for incentive transmission rates as part of Xcel?s plan for a $1 billion upgrade of its transmission grid inside the territory of the Midwest Independent Transmission System Operator (Midwest ISO)...

FERC Rules to Promote Transparency in Natural Gas Markets

Posted on December 27, 2007
On December 21 the FERC adopted a Final Rule that establishes an annual reporting requirement designed, as Chairman Kelliher said, "to boost our efforts to carry out Congress? mandate [in the Energy Policy Act of 2005] to protect consumers by protecting the integrity of the markets for physical [natural] gas...

First Hydrokinetic Energy Project Conditionally Approved

Posted on December 27, 2007
On December 21, the Finavera Renewables Ocean Energy, Ltd conditionally secured a FERC license for its hydrokinetic power project located 1.9 nautical miles offshore Washington State. The 5-year license to the Makah Bay Offshore Wave Pilot Project is designed "to demonstrate the economic and environmental benefits of wave energy conversion power plants near coastal communities...

Senate Joins House in Passing Measures to Expand CFTC Authority over Energy Markets

Posted on December 21, 2007
The U.S. Senate reauthorized the Commodity Exchange Act (CEA) in a farm bill, strengthening the Commodity Futures Trading Commission's (CFTC) authority over energy (and other commodity) trading platforms such as the Intercontinental Exchange (ICE) that are currently "exempt commercial markets...

No Free Pass for Absconding Duquesne Light, Say PJM and Capacity Suppliers

Posted on December 21, 2007
In December 4, 2007 pleadings to FERC, PJM Interconnection and several PJM member utilities and power suppliers did not oppose Duquesne Light's right to exit PJM?s organized market, but did ask the agency to impose conditions on Duquesne?s withdrawal...

No Common Denominator on Capacity Markets

Posted on December 10, 2007
While organized energy market operators generally agree on locational marginal pricing (LMP) as the basic framework for valuing energy, no similar consensus attends capacity markets. The New York Independent System Operator (NYISO) presently is retooling its capacity market for New York City in response to a FERC order, and the California Independent System Operator (CAISO) continues to wring its hands over the issue of capacity markets...

Live from Platts Global Energy Awards: Interviews with industry leaders

Posted on December 07, 2007
New York City welcomed leaders from more than a dozen sectors within the global energy industry at the 2007 Platt?s Global Energy Awards, held last Thursday at Cipriani Wall Street. Platt?s Global Energy Awards annually recognize the highest achievements in the industry...

Competing FERC and CFTC Jurisdictional Claims Are Court Bound

Posted on December 05, 2007
FERC in a November 30 order refused to reconsider its July 26 decision to impose $291 million in civil penalties against Amaranth Advisors (Amaranth) for gaming the natural gas futures market and manipulating the price of natural gas. FERC upheld its own jurisdiction to impose penalties on Amaranth, rejecting the Commodities Futures Trading Commission's (CFTC) insistence that it alone has jurisdiction over manipulation of gas futures contracts...

FERC, Industry Exchange Views on Enforcement

Posted on November 29, 2007
Two years after Congress granted FERC enhanced enforcement authority in the Energy Policy Act of 2005 and FERC issued its Policy Statement on Enforcement, and following the first year in which FERC has acted on this authority, FERC this month held a technical conference to discuss how it is implementing its new authority...

Parties Submit Joint Settlement of Pacific Intertie Dispute

Posted on November 28, 2007
On November 21, PacifiCorp, Pacific Gas and Electric Company (PG&E), the California Independent System Operator (CAISO), and several others proposed to FERC an uncontested settlement that would resolve disputes over a 94-mile segment of the Pacific AC Intertie (PACI) transmission line between Oregon and northern California...

FERC Issues Landmark Order on Distributed Energy Resources

Posted on December 31, 1969
The Federal Energy Regulatory Commission (?FERC? or ?Commission?) issued a landmark final rule, Order No. Blake Urban, Stephen Hug, Catherine McCarthy view

FERC Redefines QF Eligibility Requirements

Posted on December 31, 1969
On September 1, 2020, the Federal Energy Regulatory Commission (?FERC? or ?Commission?) issued an order breaking with decades of precedent regarding how it will determine whether a renewable resource is eligible for certification as a qualifying small power production facility (?QF?) pursuant to the Public Utility Regulatory Policies Act of 1978, as amended (?PURPA?)...

FERC Staff Report on High Voltage Transmission Development to Congress

Posted on December 31, 1969
On Friday, August 7, 2020, Federal Energy Regulatory Commission (?FERC?) Staff sent a report to Congress examining the ?barriers and opportunities for high voltage transmission.?� FERC Staff prepared this report in accordance with the Congressional directive� contained in the 2020 Further Consolidated Appropriations Act...

Predictable unpredictability: stranded assets and the scope for disputes under PSCs

Posted on December 31, 1969
Summary John Gilbert, Rob Meade view

FERC Finalizes Reforms to PURPA Regulations

Posted on December 31, 1969
On July 16, 2020, the Federal Energy Regulatory Commission (?FERC? or ?Commission?) issued Order No. Catherine McCarthy, Stephen Hug, Boris Shkuta view

Trump Administration Publishes Final Revisions to NEPA Regulations

Posted on December 31, 1969
On July 16, 2020, the White House Council on Environmental Quality (?CEQ?) published its much anticipated final rule revising the regulations implementing the National Environmental Policy Act (?NEPA?).[1]�Since taking office, the Trump Administration has sought to modernize NEPA and facilitate more efficient, effective, and timely NEPA reviews...

Electric Transmission and Distribution Utilities and FERC COVID-19 Relief

Posted on December 31, 1969
On March 13, 2020, President Trump deemed the COVID-19 outbreak in the United States a national emergency as of March 1, 2020.[1]� Due to the pandemic, certain electric transmission and distribution public utilities have experienced electricity demand that differs from projections...

Nigerian Marginal Fields: New Bid Round and New Guidelines

Posted on December 31, 1969
Nigeria?s Department of Petroleum Resources (?DPR?) announced on 1 June 2020 the launch of a new marginal field bid round. Fifty-seven marginal fields have been made available, being a mix of onshore, swamp and shallow-offshore fields. The DPR also released new guidelines covering the bid process, the award and farm-out of marginal fields and their operation (?Guidelines?)...

FERC Proposes To Limit Availability Of Tariff Waivers

Posted on December 31, 1969
At its May 21, 2020 meeting, the Federal Energy Regulatory Commission (?FERC? or ?Commission?) issued an order soliciting comments on a proposed policy statement respecting the waiver of tariff requirements.[1]� As discussed further below, the proposed policy statement represents a marked change relative to FERC?s existing practices on tariff waivers and, if adopted, would limit the circumstances in which an entity would be able to obtain waiver of a tariff provision to excuse actions or omissions Energy Stephen Hug, Catherine McCarthy, David Perlman view

LNG lockdown lessons: what next for the LNG industry post-COVID?

Posted on December 31, 1969
Despite the current challenges of the COVID-19 pandemic and low LNG prices, the future is bright for LNG.� Bracewell considers the impact of the COVID-19 pandemic, the lessons for the LNG sector and how the LNG SPAs of the future may be adapted so the LNG industry can continue to thrive...

TCEQ Accepting Comments on Proposed Changes to Penalty Policy

Posted on December 31, 1969
At a September 24, 2020 Work Session, TCEQ Executive Director Toby Baker sought approval from the TCEQ Commissioners to propose changes to the TCEQ?s Penalty Policy (RG-253) that will give the agency discretion to significantly increase administrative penalties for certain violations...

Update on State of Texas NPDES Application to Issue Federal Discharge Permits for Oil and Gas Facilities

Posted on December 31, 1969
EPA Review Process Environmental Strategies Sara Burgin view

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