FERC Denies Formal Discovery in Civil Penalty Assessment Procedures
On May 6, 2016, in a pending civil penalty assessment proceeding, the Federal Energy Regulatory Commission ("FERC") denied the motion of ETRACOM LLC ("ETRACOM") and Michael Rosenberg (collectively, "Movants") to require production of data ("Motion") from the California Independent System Operator Corporation ("CAISO"). In denying the motion, FERC explained that civil penalty assessment procedures do not allow for the same discovery rights afforded to litigants in administrative proceedings. [Read more →]
On May 6, 2016, Oklahoma Municipal Power Authority ("OMPA") submitted a request to FERC seeking to take over its members' mandatory purchase obligation under the Public Utility Regulatory Policies Act of 1978 ("PURPA"). OMPA is a full-requirements provider for 42 municipalities in the State of Oklahoma. OMPA submitted its request under Section 210 of PURPA. [Read more →]
EPA Finalizes Methane Rule for New Oil, Gas Sources
On May 12, 2016, the EPA issued a final rule aimed at curbing methane emissions from new and modified sources of oil and gas. In addition to methane, the final rule regulates volatile organic compounds ("VOCs") and several air pollutants that, according to the EPA, come "packaged" with methane when emitted from oil and gas infrastructure. EPA believes that the final rule will reduce methane emissions by 520,000 short tons by 2025, and thus help attain the Obama administration's goal in the Climate Action Plan to reduce methane emissions from the oil and gas industry by 40 to 45% by 2025 from 2012 levels. [Read more →]
On May 10, 2016, the U.S. Commodity Futures Trading Commission ("CFTC") proposed to amend ("Proposed Amendment") its own 2013 order that generally exempted certain electricity transactions from the CFTC's regulation ("RTO/ISO Exemption Order"). Specifically, the Proposed Amendment would clarify that the exemptions contained in the RTO/ISO Exemption Order would not include the private right of action under Commodity Exchange Act ("CEA") section 22. [Read more →]
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