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Seeking the Best of Old and New, FERC Solicits Ideas on How to Create Long-term Transmission Rights in Markets With Locational Pricing

May 19, 2005 Energy Legal Blog^®

Taking another look at a controversial feature of restructured electricity markets, the Federal Energy Regulatory Commission ("FERC") recently invited the public to comment on how long-term transmission rights could exist in markets that manage congestion with locational pricing. While market...

Kansas Creates Electric Transmission Authority to Ensure that the Lights Stay on in the Sunflower State

May 8, 2005 Energy Legal Blog^®

Early in April, the Sunflower State followed Wyoming's lead in the creation of a state electricity infrastructure authority by passing the Kansas Electric Transmission Authority Act ("Act") and creating the Kansas Electric Transmission Authority ("Authority"). According to the Act, the...

California Assembly Again Considers Retail Choice for Large Customers

May 8, 2005 Energy Legal Blog^®

The California State Assembly is considering the possibility of returning retail choice to the state, after its suspension during the 2000-2001 energy crisis. Assembly Bill 1704 ("AB 1704"), introduced by Assemblyman Keith Richman (R-Granada Hills), would establish a core/non-core retail...

U.S. District Court Finds Filed Rate Doctrine also Applies to Market-Based Rates in Natural Gas Markets

May 8, 2005 Energy Legal Blog^®

On April 8, 2005, the U.S. District Court for the District of Nevada found that the filed rate doctrine prohibited federal and state antitrust and unfair competition claims against sellers of natural gas. In In Re W. States Wholesale Natural...

FERC Audits Two Market-Based Rate Sellers "“ Reaction to Ninth Circuit Lockyer Decision Concerning Reporting Requirements for Market-Based Rate Sellers?

May 8, 2005 Energy Legal Blog^®

FERC announced in April that it would begin auditing power sellers with market-pricing authority for compliance with demanding quarterly reporting requirements. The audits plainly come in response to the dubious court decision in Lockyer v. FERC and signal to all...

U.S. Supreme Court Will Not Review Decision Prohibiting Courts from Ruling on Wholesale Power Prices

May 8, 2005 Energy Legal Blog^®

Fallout from the 2000-2001 western energy crisis persisted in April. In a case involving one of the relatively smaller claims to arise out of the crisis, on April 18, 2005, the US Supreme Court denied the petition of the State...