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Materiality in Review — Probability, Magnitude and The Reasonable Investor

February 12, 2021

The crystal ball is an essential tool for compliance, and assessing compliance in hindsight, with the U.S. Federal securities laws, with particular reference to the Securities Act of 1933, as amended (the “1933 Act”), and the Securities Exchange Act of 1934, as amended (the “1934 Act”, and, together with the 1933 Act, the “Securities Laws”).

Guarding the Grid: DOE Releases 100-Day Cybersecurity Pilot Program

April 21, 2021
Energy Legal Blog®

The February 2021 hack into Oldsmar, Florida’s water treatment system is a frightening reminder that critical infrastructure systems can be vulnerable to cyberattacks and that cyberattacks can...

FERC Issues Carbon Pricing Policy

April 19, 2021
Energy Legal Blog®

On April 15, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued its much anticipated policy statement on carbon pricing in organized markets. The non-binding policy statement provides guidance regarding the manner in which FERC will evaluate proposals submitted pursuant to Section 205 of the Federal...

FERC Reverses Broadview on Rehearing; Reinstates Focus on Output in Evaluating 80 MW Cap for QFs

March 24, 2021
Energy Legal Blog®

On March 19, 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an Order Addressing Arguments Raised on Rehearing and Setting Aside Prior Order in Broadview Solar, LLC, 174 FERC ¶ 61,199 (2021) (“Broadview 2021”).  The order, which...

FERC Refines DER Wholesale Market Participation Rules

March 24, 2021
Energy Legal Blog®

On March 18, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order on rehearing of its landmark final rule, Order No. 2222, pertaining to the participation of distributed energy resources (“DER”) through an aggregator in FERC-jurisdictional...

FERC Delays Implementation of New MBR Database Reporting Requirements and Clarifies Obligation To Report Upstream Owners

March 23, 2021
Energy Legal Blog®

On March 18, 2021, in response to a petition seeking clarification regarding the treatment of certain institutional investors for purposes of the Federal Energy Regulatory Commission’s (“FERC” or...

Regulators to Review Market Design and Reliability Following 2021 Polar Vortex

February 18, 2021
Energy Legal Blog®

Over Presidents’ Day weekend 2021, an unprecedented cold weather event hit the Midwest and South central United States.  The storm led to major disruptions to infrastructure throughout the region, including icy road conditions, frozen pipes, and an estimated 3 million Texans...