Brian Heslin

Brian Heslin

Moore & Van Allen PLLC

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As Agency Enforcement Efforts Mount, CFTC Prohibits Private Lawsuits Against RTOs/ISOs for Market Manipulation

Incidents of alleged fraud and market manipulation in the energy markets increasingly have received the attention of federal agency enforcement efforts, including the Federal Energy Regulatory Commission (FERC) and the...more

12/1/2016 - Amended Regulation CEA CFTC Energy Market Enforcement Actions Exemptions FERC Fraud ISO/RTO Market Manipulation Private Right of Action Public Utilities Commission

Do Not Pass Go: FERC Administrative Proceedings Remain First Stop for Market Manipulation Claims under the Natural Gas Act

Fraud and energy market manipulation have remained priorities of the Federal Energy Regulatory Commission’s Office of Enforcement (OE) over the past several years. The agency has ramped up its investigative efforts, reporting...more

9/19/2016 - Advisory Opinions Energy Market Energy Sector Enforcement Actions FERC Investigations Market Manipulation Natural Gas Natural Gas Act Oil & Gas Penalties

EIB Energy Highlights: FERC on Cybersecurity, Clean Power Plan Hearing Agenda, NatGas & Oil Exports Rise & More

Natural Gas - Natural Gas Outlook: U.S. On Track to be Net Exporter Q2 2017: Natural gas production and consumption are expected to rise this year due to increases in natural gas prices and LNG exports, as well as...more

9/12/2016 - Clean Air Act Clean Power Plan Crude Oil Cyber Attacks Cybersecurity EIA Energy Sector Exports FERC Greenhouse Gas Emissions Liquid Natural Gas National Emissions Standards Natural Gas NERC New Legislation Oil & Gas Pipelines Popular Power Grid Power Infrastructure

EIB Energy Highlights: Nat Gas Outpowers Coal, NC Renewables, CPP En Banc, Fed Energy Bill Awaits Conference & More

Natural Gas-Fired Electricity Generation to Exceed Coal-Fired Generation in 2016: The EIA recently projected that for the first time, on an annual basis, natural gas will exceed coal as a fuel for electric power generation in...more

6/22/2016 - Clean Power Plan Cybersecurity Electricity EPA Exports Federal Power Act FERC Greenhouse Gas Emissions Natural Gas Proposed Legislation Renewable Energy Solar Energy Wind Power

Supreme Court Continues to Stake Out FERC Jurisdiction, Invalidates State Gas-Fired Power Plant Incentive Program

In an opinion unanimous in judgment (albeit with two concurring opinions), the U.S. Supreme Court recently reiterated the reach of the Federal Energy Regulatory Commission’s (FERC) jurisdiction over interstate wholesale...more

5/16/2016 - Capacity Market Electricity Federal Power Act FERC Hughes v Talen Energy Power Plants SCOTUS Supremacy Clause Utilities Sector Wholesale

Supreme Court: FERC Has Authority to Regulate Electricity Market Demand Response Prices to Bolster Grid Reliability

Several energy cases have worked their way to the steps of the U.S. Supreme Court recently. On Monday January 25, 2016, the High Court issued its 6-2 decision in FERC v. Electric Power Supply Assn, et al., 577 U. S. ____...more

2/2/2016 - Demand Response Electricity Costs Energy Policy Act Energy Sector Federal Power Act FERC FERC v Electric Power Supply Association Power Grid SCOTUS

Supreme Court Questions FERC Authority to Regulate Electricity Market Demand Response to Bolster Grid Reliability

Ensuring the reliability of the electric power grid in times of extreme weather and other times of peak usage is critical to avoid interruptions in power and black outs. Reflecting on the 2014 Polar Vortex, the paramount...more

10/20/2015 - Administrative Authority Appeals Arbitrary and Capricious Chevron Deference Cybersecurity Demand Response Electricity Energy Market Federal Power Act FERC FERC v Electric Power Supply Association Power Grid Retail Market SCOTUS Wholesale

U.S. House Casts Bi-Partisan Vote to Lift Restrictions on Export of U.S. Crude Oil

Legislative efforts to lift restrictions on the export of U.S. crude oil continue to progress, but are expected to meet with staunch Presidential opposition. On October 9, 2015, the full U.S. House of Representatives...more

10/14/2015 - Crude Oil Exports Pending Legislation Political Parties

Legislation Allowing the Export of U.S. Crude Oil Advances in Congress, EIA Report Lauded as Support

Modification of the U.S. policy restricting exports of domestic crude oil has been at the forefront of energy policy discussion due to the country’s recent emergence as a leader in oil and natural gas production. ...more

9/21/2015 - Crude Oil EIA Energy Policy Export Controls Natural Gas Obama Administration Oil & Gas Refineries

Update: Latest Challenge of Final Clean Power Plan Rejected by D.C. Circuit

On September 9, 2015, the D.C. Circuit Court of Appeals issued a Per Curiam Order resolving the question probed in our post, EPA Back in Court Over Clean Power Plan, Is this Challenge of the Final Rule Premature As Well?. ...more

9/10/2015 - Appeals Carbon Emissions Clean Power Plan Energy Sector EPA Federal Register Power Plants Writ of Mandamus

EPA Back in Court Over Clean Power Plan, Is this Challenge of the Final Rule Premature As Well?

Since the U.S. Environmental Protection Agency (“EPA”) released its proposed Clean Power Plan (“Proposed CPP”) in June 2014, the agency has faced fierce opposition from states and companies seeking to prevent the...more

9/10/2015 - Carbon Emissions Clean Power Plan Compliance Energy Sector EPA Federal Register Power Plants

Legal Challenge to EPA’s Proposed Clean Power Plan Rejected as Premature, Final Rule Sent to OMB for Review

The proposed Clean Power Plan introduced by the U.S. Environmental Protection Agency (EPA) in June 2014 has been met with considerable opposition, including a court battle that pitted energy companies and more than twenty...more

6/11/2015 - Clean Air Act Clean Power Plan Energy Sector EPA Final Rules Greenhouse Gas Emissions OMB Power Plants

FERC Rule on Coordination of Natural Gas and Electric Scheduling Finalized as Industry Interdependency Grows

The electric industry is becoming increasingly reliant upon natural gas as a fuel source in the midst of our nation’s abundant natural gas resources and aggressive regulatory efforts to reduce the environmental impact of...more

4/30/2015 - Electric Generation Suppliers Electricity Energy Sector Final Rules NAESB Natural Gas

Recent Crude Oil Train Derailments Intensify the Spotlight on Rail Safety and the Value of Oil Pipelines

Few of us can erase from our memories the imagery of fires blazing at the scenes of crude oil train derailments in West Virginia in early February and in Illinois earlier this month. The fact that these trains carrying Bakken...more

4/1/2015 - Bakken Shale Crude by Rail Crude Oil Department of Transportation (DOT) Keystone XL Pipeline Obama Administration Oil & Gas PHMSA Pipelines Political Debates Train Accidents

Exploring the Impact of Lower Oil Prices on the U.S. – Exports, Economics, Energy Security & Diplomacy

Rapidly changing global energy dynamics, particularly the dramatic decline in crude oil prices, have left many struggling to predict what the fall out will be – on energy prices, American energy companies and workers, and...more

3/12/2015 - EIA Energy Market Exports Oil & Gas Oil Prices

Congress Requests Stakeholder Input on the Direction of U.S. Energy Policy

The U.S. House Energy & Commerce Committee has extended an invitation for interested stakeholders to provide feedback to the Committee on a particular set of questions aimed at analyzing and guiding the direction of future...more

3/10/2015 - Energy Policy Legislative Committees Market Participants

FERC Technical Conferences Examining EPA Clean Power Plan Are Underway

At the close of 2014, the Federal Energy Regulatory Commission (“FERC”) announced that it would hold a series of technical conferences to examine issues surrounding compliance with the Clean Power Plan proposed by the U.S....more

2/27/2015 - Clean Power Plan EPA FERC Market Participants Technical Conference

The Keystone Pipeline Cleared Hurdles in Congress, But Was Tripped Up by Presidential Veto

This new year has been marked with a flurry of activity surrounding the approval of the Keystone XL Pipeline project. Following the changing of the guard in a new Republican-led Congress, Alaskan Senator Lisa Murkowski led...more

2/25/2015 - Barack Obama Energy Sector Keystone XL Pipeline Pending Legislation Veto Rights

In the Midst of Volatile Oil Prices, U.S. Crude Oil Production Still Expected to Rise in 2015

The rapid decline in crude oil prices has exerted global pressure on the energy industry and nations heavily dependent upon oil. Russia is a glaring example, with the precarious state of its currency largely tied to the...more

12/24/2014 - Currency Fluctuation Energy Sector Oil & Gas Russia

Prompted by Congress, FERC Will Hold Technical Conferences to Examine EPA’s Clean Power Plan

We recently discussed the November letter request sent by Congressional energy committee leaders to the Federal Energy Regulatory Commission (FERC) questioning the Environmental Protection Agency’s (EPA) collaboration, or...more

12/23/2014 - Clean Power Plan Energy Sector EPA FERC Transmission Grid Transmission Planning

Natural Gas Pipelines to Bolster Bi-Directional Capacity in Northeast up to 32%, EIA Data Shows

By 2017, natural gas pipelines are projected to convert up to 32% of their pipeline capacity into the Northeast to support the bi-directional flow of natural gas out of the region to the South and West, according to a U.S....more

12/16/2014 - EIA Natural Gas Oil & Gas Pipelines

The Other Side of LNG Exports: Alaskan Exports to Free Trade Countries Approved

The capability of the U.S. to enter the global energy market as a net natural gas exporter has been the subject of much discussion, given the number of years that applications seeking approval to export liquefied natural gas...more

12/5/2014 - Alaska DOE Energy Market Energy Projects Energy Sector Exports Liquid Natural Gas Natural Gas Non-FTA Countries Trade Agreements

NAESB Response to FERC NOPR re: Coordinating Schedules of Natural Gas and Electricity Markets Subject to Public Comment until...

Coordinating the scheduling of the natural gas and electricity markets has been a priority for the Federal Energy Regulatory Commission (“FERC”), given the increasing dependence of the electric industry on natural gas as a...more

10/27/2014 - Electricity Energy FERC NAESB Natural Gas Oil & Gas Utilities Sector

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