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1
New Legislation Changes Rules For Ex Parte Communications At The CPUC
Anyone with business before the California Public Utilities Commission (CPUC) needs to be familiar with the CPUC's rules governing ex parte communications.
United States
14 Oct 2016
2
Energy Storage - Mandate Creates Opportunity
A proposed decision issued by the California Public Utilities Commission could be a watershed moment in the energy storage market.
United States
3 Feb 2014
3
Future of Climate Change Tort Litigation in the Hands of U.S. Supreme Court
On Monday, December 6, 2010, the Supreme Court granted certiorari in American Electric Power v. Connecticut, a case examining whether the electric utility industry may be held accountable in court for its alleged contributions to harms arising from climate change.
United States
16 Dec 2010
4
FERC Clarifies Requirement For Advance Approval Of Public Utility Company Stock Acquisition By Investment Advisers
In a late November meeting, in response to a request for a disclaimer of jurisdiction by a registered investment adviser, the Federal Energy Regulatory Commission (ďFERCĒ) clarified and confirmed its jurisdiction under the Federal Power Act over the purchase, acquisition or holding of more than $10 million of stock in any public utility or public utility holding company by certain financial investment advisory companies.
United States
4 Dec 2008
5
New Guidance Narrows Federal Regulation Of Some Wetlands, Streams And Ditches
On June 5, 2007, the U.S. EPA and United States Army Corps of Engineers (Corps) issued their long-awaited guidance on the scope of regulation under the Clean Water Act, based on the Supreme Court's June 2006 decisions in Rapanos v. United States and Carabell v. United States.
United States
12 Jun 2007
6
The Battle Continues: EU Competition Commissioner Kroes Challenges The Energy Industry In Europe
On January 10, 2007, the European Commission published its study on the future of Europeís energy sector based on a broad inquiry into the gas and electricity markets.
United States
18 Jan 2007
7
District of Columbia Court of Appeals Invalidates FERCís Order 2004 That Extended The Reach Of Its Natural Gas Pipeline Standards Of Conduct To Include Non-Marketing Affiliates
In a recent decision, the United States Court of Appeals for the District of Columbia vacated a series of FERC orders that had imposed standards of conduct on the relationship between natural gas pipeline entities and their non-marketing affiliates.
United States
 
15 Dec 2006
8
Ninth Circuit Solves Another Piece of the California Energy Crisis Puzzle, Dismissing For Lack of Jurisdiction Petitions Seeking Review of FERC Orders
In a recent case presenting "another piece of the California energy crisis puzzle, the Ninth Circuit, in an opinion authored by Judge Sydney Thomas, reaffirmed the Federal Energy Regulatory Commissionís wide latitude in its enforcement decisions under the Federal Power Act. The Ninth Circuit concluded that it lacked subject matter jurisdiction over a petition by the California Independent System Operator that implicated FERCís prosecutorial discretion, and a petition by PG&E because it
United States
 
27 Sep 2006
9
More Than An Inconvenient Truth: Making Sense Of The California Global Warming Solutions Act Of 2006
On August 30, 2006, Governor Schwarzenegger announced that he had reached an "historical agreement" with the California Legislature to create a new regulatory regime to combat global warming. The deal will lead to the enactment of AB 32, a bill introduced by Assembly Speaker Fabian Nunez and Member Fran Pavley.
United States
 
5 Sep 2006
10
Justice Department Requires Additional Divestitures to Resolve Competitive Concerns Regarding Exelon-PSEG Merger
Almost a year after the Federal Energy Regulatory Commission (FERC) approved the $16 billion merger between Exelon Corp. (Exelon) and Public Service Enterprise Group, Inc. (PSEG), the U.S. Department of Justice (DOJ) announced that it will require the merging parties to divest six fossil-fuel fired electricity generating plants with a total capacity of approximately 5,600 megawatts (MW) to resolve concerns that the merger would likely cause higher prices for electricity in the mid-Atlantic regio
United States
28 Jul 2006
11
Justice Department Requires Additional Divestitures to Resolve Competitive Concerns Regarding Exelon-PSEG Merger
Almost a year after the Federal Energy Regulatory Commission (FERC) approved the $16 billion merger between Exelon Corp. (Exelon) and Public Service Enterprise Group, Inc. (PSEG), the U.S. Department of Justice (DOJ) announced that it will require the merging parties to divest six fossil-fuel fired electricity generating plants with a total capacity of approximately 5,600 megawatts (MW) to resolve concerns that the merger would likely cause higher prices for electricity in the mid-Atlantic regio
United States
29 Jun 2006
12
New EPA Rule Reduces RCRA Reporting Requirements
On April 4, 2006, EPA published a new rule regarding federal hazardous waste regulations in an effort to reduce recordkeeping, reporting, and inspection requirements imposed on businesses, states, and the public. See 71 Fed. Reg. 16862 (Apr. 4, 2006). The new rule, which becomes effective May 4, 2006, is intended to reduce the paperwork burden imposed under the Resource Conservation and Recovery Act (RCRA). Industries affected by the new rule include manufacturing, transportation, waste treatmen
United States
9 May 2006
13
China Law Bulletin Ė March 2006
In this issue: Follow up on the Reform on the Segmented Share Structure of the PRC; Employee Share Plans for Listed Companies; New Venture Capital Measures Reflect Policy to Cultivate Onshore Venture Capital Industry; Notarization Law of the People's Republic of China; Other Recent Developments.
United States
 
16 Mar 2006
14
Court of Appeals Holds That State Court Should Hear Claims Relating To Alleged Transfer of $4 Billion From PG & E Bankruptcy Estate to Parent Corporation
In a 2-1 decision, the Ninth Circuit recently held that claims arising out of the alleged transfer of $4 billion from PG & Eís bankruptcy estate to the parent corporation must be heard in state court instead of federal district court. City & County of San Francisco v. PG & E Corporation, --- F.3d ---, 2006 WL 44315 (9th Cir. Jan. 10, 2006).
United States
 
24 Jan 2006
15
DC Circuit Court of Appeals holds District Court has Initial Jurisdiction over PURPA Dispute
On May 17, 2005, the Court of Appeals for the District of Columbia Circuit denied a petition for review of Federal Energy Regulatory Commission (FERC) orders stating that renewable energy credits, or RECs, are not inherently conveyed to utilities purchasing power from qualifying facilities under the Public Utility Regulatory Policies Act (PURPA). The Court held it had no jurisdiction over the dispute over entitlement to RECs under contracts entered into pursuant to PURPA, and that it must first
United States
24 May 2005
16
District Court Affirms FERCís Statutory Authority Over Wholesale Natural Gas Prices Under the Natural Gas Act
On April 8, 2005, the U.S. District Court for the District of Nevada ruled that the filed rate doctrine barred federal and state antitrust and unfair competition claims against sellers of natural gas. The Court, in In Re W. States Wholesale Natural Gas Antitrust Litig., J.P.M.L. Docket No. MDL 1566, affirmed FERCís exclusive authority under the Natural Gas Act to determine the reasonableness of wholesale natural gas prices.
United States
26 Apr 2005
17
California Court of Appeal Upholds CPUCís Decisions Extending Standard Offer No. 1 QF Contracts
In Southern California Edison Company v. Public Utilities Commission, issued April 4, 2005, the Second District California Court of Appeal upheld several decisions by the California Public Utilities Commission ("CPUC") requiring Southern California Edison Company ("Edison") to enter into wholesale power contracts at administratively determined prices with certain generators known as "qualifying facilities."
United States
 
8 Apr 2005
18
Energy Law Bulletin - February 2005
In Lockyer v. Mirant Corporation, __ F.3d __, 2005 WL 310897 (February 10, 2005), the Ninth Circuit allowed an antitrust claim brought by Attorney General Bill Lockyer against Mirant to move forward despite Mirantís pending Chapter 11 bankruptcy.
United States
9 Mar 2005
19
Communictions Law Bulletin-March 2004
This issue of our Bulletin goes to press before the month is over, but March already has brought a number of developments that affect the communications sector of our economy. Perhaps the most important of these events is the rejection, by a three-judge panel of the United States Court of Appeals for the District of Columbia Circuit, of key provisions of the Federal Communications Commission ("FCC" or "Commission") rules governing the availability of incumbent telephone company network elements
United States
15 Apr 2004
20
Communications Law Bulletin - February 2004
February was a busy month at the Federal Communications Commission ("FCC" or "Commission"), in the Congress and at the state regulatory commissions. Among many important stories, the fallout from Super Bowl Sunday continued, with Congress and the Commission both reacting to public outcry over indecent programming. At the same time, the states and the FCC took separate initiatives over the regulation of Internet telephone service, and the FCC's momentous Triennial Review Order came in for ju
United States
 
2 Mar 2004
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