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Inflation Reduction Act
FERC Confirms the Long Reach of Open Access Requirements
This week the Federal Energy Regulatory Commission (FERC) put to rest any doubt that transmission rights pursuant to a pre-Order No. 888 transmission service agreement are subject to the FERC's open access regime when the agreement is modified or becomes...
Paper Company, Arguing that FERC Lacks Jurisdiction over Demand Response, Files Motion to Dismiss FERC Manipulation Action
On December 2, 2013, FERC filed a Petition for an order affirming its assessment of a civil penalty in the District of Massachusetts against Lincoln Paper and Tissue, LLC ("Defendant"), alleging that the Defendant engaged in a manipulative scheme as...
FERC Responds to Barclays Motion to Dismiss as Without Merit and so Aggressive That if Granted it Could "Eviscerate" FERC's Ability to Regulate Wholesale Power Markets
On July 16, 2013, the Federal Energy Regulatory Commission ("FERC") issued an order finding Barclays Bank PLC ("Barclays"), Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith (together with Barclays, "Defendants") in violation of FERC's anti-manipulation regulations and assessed significant...
EPA Issues NPDES Permit that Includes Limited Chemical Disclosure Requirements for Oil and Gas Operations Offshore California
Region 9 of the U.S. Environmental Protection Agency yesterday made available the finalized National Pollutant Discharge Elimination System (NPDES) general permit applicable to discharges from oil and gas exploration facilities offshore Southern California. NPDES General Permit No. CAG280000 (2014 NPDES...
Barclays Motion to Dismiss Raises Significant Issues About FERC Jurisdiction
After an investigation of actions in the western electricity markets by Barclays Bank PLC (“Barclays”), Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith (collectively, the “Traders” and together with Barclays, “Defendants”), the Federal Energy Regulatory Commission (“FERC”) issued an...
Barclays Motion to Dismiss Raises Significant Issues About FERC Jurisdiction
After an investigation of actions in the western electricity markets by Barclays Bank PLC ("Barclays"), Daniel Brin, Scott Connelly, Karen Levine, and Ryan Smith (collectively, the "Traders" and together with Barclays, "Defendants"), the Federal Energy Regulatory Commission ("FERC") issued an...
Are you on South African Santa's naughty or nice list?
A flood of bids reportedly delayed the announcement on the South African Government's announcement on its final list of preferred bidders in the Round 3 of the Renewable Energy Independent Power Producers Procurement Programme (REIPPPP) from the originally scheduled date...
Vestas Completes Factory Testing of World's Most Powerful Wind Turbine
Interesting developments for the offshore wind market are on the horizon with Vestas today having completed its extensive testing of what will be the world's most powerful wind turbine "“ the Vestas V164 "“ 8 MW with the nacelle weighing...
Coast Guard Looks to Expand Safety and Environmental Management Systems to Vessels on the OCS
On September 10, 2013, the U.S. Coast Guard published an Advance Notice of Proposed Rulemaking (APNRM) in the Federal Register stating its intent to propose regulations that will require vessels engaged in exploration, development or production activities on the Outer...
Important Energy Reform Submitted by Mexico's President
On August 12, 2013, Mexican President Enrique Peña Nieto submitted a highly anticipated constitutional reform proposal to the Mexican Congress for purposes of restructuring the Mexican energy sector, including oil, gas, petrochemical, and power, by allowing greater private participation in...
CFTC Exercises Disruptive Trading Authority for the First Time
By order dated July 22, 2013, the Commodity Futures Trading Commission ("CFTC" or "Commission") settled charges against Panther Energy Trading LLC and its principal Michael Coscia for engaging in the disruptive trading practice known as "spoofing." The CFTC charged that...
CFTC Exercises Disruptive Trading Authority for the First Time
Bob Pease served as team leader and one of the authors of the CFTC Disruptive Trading Interpretive Guidance and Policy Statement that put into place the spoofing rule. By order dated July 22, 2013, the Commodity Futures Trading Commission (CFTC...
FERC Assesses Record Civil Penalty But the Story Is Just Beginning
By Order dated July 16, 2013 the Federal Energy Regulatory Commission (FERC) assessed civil penalties against Barclays Bank Plc. and four of its traders – Daniel Brin, Scott Connelly, Karen Levine and Ryan Smith (Order). The Order is notable for...
Competition Advocacy Group Files Comments in FERC Proceeding Involving Transmission Merger
On January 22, 2013, the American Antitrust Institute (AAI), an independent non-profit organization with a mission to advance the role of competition in the economy and protect consumers, filed comments in the Federal Energy Regulatory Commission's proceeding involving the proposed...
FERC Demands Due Diligence and Continues Focus on ISO Communications
Last month, the Federal Energy Regulatory Commission (FERC) issued an Order Approving Stipulation and Consent Agreement [1] (EnerNOC, Inc., 141 FERC ¶ 61,211 (2012)) to resolve an investigation by the Office of Enforcement (Enforcement) into whether EnerNOC, Inc. (EnerNOC) submitted...