The Electric Power Industry and the Year 2000 Challenge: A Legal Perspective
Dean A. Morehous of Thelen LLP
This article discusses the Y2K legal challenges fac4ed by the electric power industry.
Regulated Resources Newsletter, Volume 2, Issue 2
Suedeen G. Kelly of Modrall Sperling
The New Mexico Public Regulation Commission (PRC or Commission) has continued to consider the establishment of an RPS in the state. After holding a hearing and a workshop to consider the issues surrounding the standard in recent months, the Commission issued a new proposal on October 1, 2002. This new proposal replaces the one issued in March 2002.
Emerging Legislative and Regulatory Considerations:
Andrew R. Wallace of Day Pitney LLP
Introduction As state and federal legislators intensify their efforts to restructure the electric utility indus.
FERC Sets New Conditions for Approval of Utility Debt Issues
William J. Harmon of Jones Day
The Federal Energy Regulatory Commission ("FERC") must approve the issuance of securities by some utilities subject to its jurisdiction. In an order dated February 20, 2003, FERC imposed stringent new conditions on these debt issues, which it said will be applicable to all future cases.
FERC Reaffirms and Clarifies Groundbreaking Rules on Open Access Transmission, Recovery of Stranded Investment and Operation of Open Access Same Time Information Systems
Paul, Hastings, Janofsky & Walker LLP
In an order largely reaffirming its landmark final rules on open access transmission and recovery of stranded investment, the Federal Energy Regulatory Commission ("FERC") issued Order No. 888-A to confirm its commitment to spur competition in the wholesale market for electric power (FERC Stats. & Regs., ¶ 31,048 (1997)).
Local Government Law
Stacy C. Taylor of Woods Rogers PLC
Local Action on Siting of Telecommunications Facilities. Amends and reenacts ?15.2-2232 of the Code of Virginia re.
False Start on PUHCA
Cynthia S. Bogorad of Spiegel & McDiarmid LLP
Senate Majority Leader Trent Lott may soon seek to move Sen. Alfonse D'Amato's bill to repeal the Public Utility Holding Company Act in advance of, and unconnected to, comprehensive electric industry restructuring legislation. Holding-company proponents of PUHCA repeal are attempting to cast S. 621 as the long overdue elimination of an outdated securities law whose effect is limited to needlessly burdening the 17 registered multistate utility holding companies.
FERC Standards of Conduct and Business Support Functions
Regulatory Research Associates
Background FERC regulations require certain separation between transmission employees and wholesale merchant fun.
What to Know When Taking Equity Investments from Electric Utilities
Buchanan Ingersoll & Rooney PC
Technology Companies Considering Equity Investments from Electric Utilities Should Be Aware of FERC Policies Concer.
FERC Decision Creates Opportunities To Enhance Industrial Asset Value
Paul, Hastings, Janofsky & Walker LLP
Many manufacturing and commercial facilities around the country have acquired their own on-site electric generators to use for electric power supply on a regular basis, or as a backup to use when the local utility is experiencing power outages or transmission interruptions.
FERC Issues New Rules Governing the Accounting, Reporting and Rate Filing Requirements for Asset Retirement Obligations
William J. Harmon of Jones Day
The Federal Energy Regulatory Commission has issued new regulations that address the accounting, financial reporting, and rate filing requirements applicable to asset retirement obligations imposed on public utilities, hydroelectric licensees, natural gas companies, and oil pipeline companies. The effective date for the new accounting and reporting requirements is January 1, 2003 for a jurisdictional entity whose fiscal year begins on January 1, 2003.
What's Happening in California
Davis Wright Tremaine LLP
In two different forums, California government entities continue to implement changes reacting to the California energy crisis of 2000 and 2001. Each of these initiatives is aimed at unifying energy policy and planning in California.
What's Happening At FERC
Davis Wright Tremaine LLP
In a ruling that could ignite a jurisdictional showdown between Virginia and federal regulators, the Federal Energy Regulatory Commission (FERC) on April 1, 2003, conditionally approved a request by American Electric Power Co., Inc. (AEP) and Commonwealth Edison Co. (ComEd) to transfer control of their respective FERC-jurisdictional transmission facilities to PJM Interconnection, LLC (PJM).
Congress Tackles Legal Issues in Implementing Electric Utility Deregulation
Mark A. Collins of Carr Maloney P.C.
Proponents of electric utility deregulation promise increased consumer choice, reduced prices, industry innovation,.
Regulated Resources Newsletter, Volume 1, Issue 1
Suedeen G. Kelly of Modrall Sperling
The Federal Energy Regulatory Commission recently ordered refunds for all June and July, 2001, California and WSCC wholesale sales above the mitigated price. The two orders reject the submitted cost justifications for a variety of reasons. On June 19, 2001 FERC set out the justification criteria, disallowing credit-risk premiums and emissions costs.
Market Power Barriers to Competition
Cynthia S. Bogorad of Spiegel & McDiarmid LLP
The electric industry is in the midst of a transformation from reliance on regulation to reliance on competitive.
California to Unify Energy Policy and Planning to Ward Off Future Energy Crisis
Allison A. Davis of Davis Wright Tremaine LLP
In two different forums, California government entities continue to implement changes reacting to the California energy crisis of 2000 and 2001. Each of these initiatives is aimed at unifying energy policy and planning in California. On May 8, the California Public Utilities Commission (PUC) became the last of three California energy agencies to approve an "Energy Action Plan."
FERC Proposals and Orders on Standard Market Design and Regional Transmission Organizations
Suedeen G. Kelly of Modrall Sperling
This article is an attempt to provide an overview of the activities of the Federal Energy Regulatory Commission (FERC) relating to a standard design for electricity markets and the formation of regional transmission organizations.
Rules Spurring Formation of Regional Transmission Organizations Adopted by Federal Energy Regulatory Commission
Thelen LLP
This article summarizes the Federal Energy Regulatory Commission's rules that are designed to expedite the disaggregation of transmission facilities from vertically-integrated electric utilities.
Virginia Public Utility Law
Michael J. Quinan of Woods Rogers PLC
When the history of public utility regulation in Virginia is written, the 1998 session will be but a footnote to.
Detailed Summary of FERC'S Standard Market Design NOPR
Stephen H. Watts of McGuireWoods LLP
On July 31, the Federal Energy Regulatory Commission (FERC), issued a notice of proposed rulemaking (NOPR) in Docket No. RM01-12-000 containing its long-awaited standard market design (SMD) program designed "to remedy remaining undue discrimination in the provision of interstate transmission services and in other industry practices, and to assure just and reasonable rates within and among regional power markets." Regulations implementing SMD would be contained in a new Subpart G to be added to 18 CFR Part 35.
Capital Currents--Views on Global Business from Washington Legal Leaders
Alan Baron,Philippe M. Bruno and Richard E. Powers Jr. of Dorsey & Whitney LLP
Features the following articles (1) Homeland Security's New Energy Challenge; (2) Business Without Borders: How to Navigate Changing International Trade Regulations Litigation In A Post-Enron World; and (3) Putting the Ethics Back into "Corporate Ethics."
The Northwest Perspective on the Electricity Crisis: Where Are We, How Did We Get Here, And How Can We Get Out?
Craig Gannett of Davis Wright Tremaine LLP
From the perspective of the Northwest, this paper addresses the electricity crisis currently besetting the entire West. The first section describes where we are, and where we are headed if effective action is not taken. The second section describes how we got here, so that we understand the sources of the problem we are trying to solve. The third section describes potential solutions.
Virginia Public Utility Regulation
Michael J. Quinan of Woods Rogers PLC
Restructuring of the electric utility industry continues to be a topic given to much discussion but little action. The joint legislative study established in 1996 for the purpose of examining state and federal developments relating to retail competition in the electricity market (1996 SJR 118) has been extended through 1997.
The Competitive Market for Power in the U.S.: The Role of ISOs and PXs
Nicolai J. Sarad and Dean M. Colucci of DLA Piper LLP
This article explains the role independent system operators and power exchanges play in such markets development.
Regulated Resources Newsletter, Volume 2, Issue 1
Suedeen G. Kelly of Modrall Sperling
On March 12, 2002, the New Mexico Public Regulation Commission proposed a renewable portfolio standard (RPS) for state utilities. The Commission filed the proposed rule after the Utility Division Staff submitted a Petition for Rulemaking on the subject. Interested parties in the state had previously commented on the subject of renewable energy in Utility Case No. 3619, a Commission-initiated inquiry.
CPUC Decisions to Be Subject to Full Judicial Review
Morrison & Foerster LLP
This report discusses that for the first time in its 80-year history, the California Public Utilities Commission will have its decisions subject to appellate court review.