George (Chip) Cannon, Jr.

George (Chip) Cannon, Jr.

Akin Gump Strauss Hauer & Feld LLP

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Senate Energy and Natural Resources Committee Holds Hearing on Grid Reliability and Security

Today, the U.S. Senate Committee on Energy and Natural Resources held a standing-room only hearing titled “Keeping the lights on — Are we doing enough to ensure the reliability and security of the U.S. electric grid?” While...more

4/11/2014 - Energy Energy Policy Power Grid Utilities Sector

Project Perspectives - Winter 2014 Edition

In this edition: - Oil and Gas Industry Discussion - The False Claims Act: The Government’s Sword in Cash Grant Audits - Is a 50 Percent Renewables Portfolio Standard in California’s Future? -...more

3/25/2014 - Clean Energy Energy Energy Policy Energy Tax Incentives False Claims Act Federal Grants Oil & Gas Renewable Energy Solar Energy State Taxes Utilities Sector

Facing Civil Penalty, Paper Mill Asks District Court to Find that FERC Lacks Jurisdiction Over Demand Response

After a long investigation dating back to 2008, the Federal Energy Regulatory Commission (Commission) concluded in 2013 that Lincoln Paper and Tissue, LLC (Lincoln), a Maine paper mill, had engaged in fraud through its...more

3/4/2014 - Energy FERC Jurisdiction Utilities Sector

Third Circuit Upholds FERC Orders on PJM’s Minimum Offer Price Rule

On February 20, 2014, the United States Court of Appeals for the Third Circuit denied several petitions for review challenging a series of 2011 orders from the Federal Energy Regulatory Commission (the Commission or FERC)....more

2/24/2014 - Anti-Competitive FERC MOPR PJM Supremacy Clause

FERC Responds to Senate Inquiry about Physical Grid Security

On February 11, 2014, Acting Chairman Cheryl A. LaFleur of the Federal Energy Regulatory Commission (FERC) responded to a letter from four members of the Senate, which asked if further regulatory measures were needed to...more

2/17/2014 - FERC Infrastructure Utilities Sector

Louis Dreyfus Unit Settles FERC Enforcement Action Regarding Alleged MISO FTR Market Manipulation

On February 7, 2014, the Federal Energy Regulatory Commission (FERC) approved a Stipulation and Consent Agreement between the Office of Enforcement (OE) and Louis Dreyfus Energy Services, L.P. (LDES) to resolve an...more

2/10/2014 - FERC Market Manipulation MISO

New York Association of Public Power Files Complaint to Reduce Niagara Mohawk Power Corporation’s ROE

On February 6, 2014, the New York Association of Public Power (NYAPP) filed a second complaint (Second Complaint) against Niagara Mohawk Power Corporation d/b/a National Grid (NMPC) asking the Federal Energy Regulatory...more

2/10/2014 - Federal Power Act FERC Power Plants Utilities Sector

FERC Approves PJM’s Proposed Changes to Market Rules Governing the Participation of Demand Response Products in the Capacity...

On January 30, 2014, the Federal Energy Regulatory Commission (FERC) issued an order approving rule changes proposed by PJM Interconnection, L.L.C. (PJM) to the clearing of its capacity market, referred to as the Reliability...more

2/10/2014 - Capacity Market Energy FERC PJM Utilities Sector

Fourth Circuit Upholds FERC Transmission Incentives Order Despite Intervening Change in Policy

On January 24, the U.S. Court of Appeals for the Fourth Circuit upheld an order issued by the Federal Energy Regulatory Commission (FERC) in 2012 denying rehearing (Rehearing Order) of a 2008 order granting Virginia Electric...more

1/30/2014 - Electricity Energy Policy FERC Incentives Utilities Sector

FERC Requests that U.S. District Court Affirm Penalties for Market Manipulation

On October 1, 2013, we reported here that the Federal Energy Regulatory Commission (FERC) issued orders on August 29, 2013, assessing civil penalties against, and requiring disgorgement of profits by, Lincoln Paper and...more

12/6/2013 - Electricity Energy Federal Power Act FERC Fraud Utilities Sector

FERC Reforms Small Generator Interconnection Procedures and Agreement to Facilitate Interconnection of Small Solar Generation and...

On November 22, 2013, the Federal Energy Regulatory Commission (FERC) issued a Final Rule (Order No. 792) promulgating reforms to its pro forma Small Generator Interconnection Procedures (SGIP) and pro forma Small Generator...more

11/26/2013 - Energy FERC Grid Energy Storage SGIA SGIP Small Generators

End-Users Seek Reduction in Base ROEs for Midwest Transmission Owners

On November 12, 2013, a group of industrial and commercial end-users in the Midwest filed a complaint at the Federal Energy Regulatory Commission (FERC) against the Midcontinent Independent System Operator, Inc. (MISO) and...more

11/14/2013 - Energy FERC MISO Power Grid Transmission Lines

FERC Requires All Generators To File Rate Schedules To Provide Reactive Power Service, Even if the Service Is Uncompensated

In a move that could have a significant impact on electric generators, the Federal Energy Regulatory Commission (FERC) recently clarified its policy with respect to the provision of reactive power service. The provision of...more

10/25/2013 - Electricity Energy FERC Power Plants Utilities Sector

CPUC Approves On-Bill Repayment Financing for Non-Residential Energy Efficiency, Distributed Generation and Demand Response...

On September 19, 2013, the California Public Utilities Commission (“CPUC”) approved a pilot program intended to help attract private capital for investment in energy efficiency retrofits, distributed generation, and demand...more

10/22/2013 - CPUC Energy Energy Efficiency Financing

Federal Court Finds New Jersey’s Long-Term Capacity Pilot Project Unconstitutional

On October 11, 2013, the United States District Court for the District of New Jersey issued its decision in PPL Energyplus, LLC v. Hanna. This case follows a recent decision in which the U.S. District Court for the District...more

10/17/2013 - Energy Policy Federal Power Act FERC Power Plants

Rep. McKinley Introduces Legislation to Exempt Certain Natural Gas Facilities from Regulation under the Natural Gas Act

On September 27, 2013, Rep. David McKinley (R-WV) introduced H.R. 3208 (To clarify that certain natural gas facilities are not subject to the Natural Gas Act). The proposed legislation is intended to eliminate barriers to...more

10/9/2013 - Energy Energy Policy FERC Liquid Natural Gas Natural Gas Pipelines

Federal Court Finds Maryland’s Long-Term Contract for Differences Unconstitutional

On September 30, 2013, the United States District Court for the District of Maryland issued its decision in PPL Energyplus, LLC v. Nazarian. The case has been watched by many for its potential implications with respect to...more

10/3/2013 - Commerce Clause Construction Contracts Electricity Energy Federal Power Act FERC Interstate Commerce Preemption Supremacy Clause

FERC Orders Civil Penalties and Disgorgement for Manipulation of ISO New England Load Response Program

On August 29, 2013, the Federal Energy Regulatory Commission (FERC) issued three orders assessing civil penalties on, and requiring disgorgement of profits by, Lincoln Paper and Tissue, LLC (Lincoln), Competitive Energy...more

10/2/2013 - Civil Monetary Penalty Disgorgement Electricity Federal Power Act FERC Fraud Penalties

Project Perspectives Summer 2013 Edition

In this issue: - Tax Indemnity Considerations for Developers Entering into Investment Tax Credit Transaction - FERC’s Office of Enforcement Takes Aim at the Financial Industry - Minding the Gap: Managing...more

9/2/2013 - FERC Investment Tax Credits Renewable Energy Solar Energy Wind Power

FERC and California Take Steps to Facilitate Markets for Electric Energy Storage

On July 28, 2013, the Federal Energy Regulatory Commission (FERC) issued Order 784, which opens new markets for electric energy storage effective in November 2013. Order 784 reformed FERC’s so-called “Avista Rule,” which...more

8/29/2013 - Energy FERC Grid Energy Storage Power Grid Utilities Sector

DOE Conditionally Approves Lake Charles Terminal LNG Exports to Non-Free Trade Agreement Nations

On August 7, 2013, the U.S. Department of Energy, Office of Fossil Energy (DOE/FE) issued an Order Conditionally Granting Long-Term Multi-Contract Authorization to Export Liquefied Natural Gas by Vessel from the Lake Charles...more

8/12/2013 - DOE FERC Free Trade Agreement Natural Gas Oil & Gas Permits Pipelines

FERC Accuses BP of Market Manipulation

On August 5, 2013, the Federal Energy Regulatory Commission (FERC) issued an Order to Show Cause and Notice of Proposed Penalty, directing BP America Inc., BP Corporation North America Inc., BP America Production Company, and...more

8/8/2013 - BP Energy FERC Fraud Oil & Gas Price-Fixing

Sens. Murkowski and Landrieu Reintroduce Revenue Sharing Legislation

Senators Lisa Murkowski (R-AK) and Mary Landrieu (D-LA) recently reintroduced a bill to amend several federal statutes that govern the treatment of revenues collected by the federal government from entities that hold leases...more

7/22/2013 - Proposed Legislation Revenue Revenue Sharing

FERC Directs Barclays To Pay $435 Million in Civil Penalties

On Tuesday, the Federal Energy Regulatory Commission (FERC) issued an order assessing $435 million in civil penalties against Barclays Bank PLC (Barclays) for allegedly manipulating western electricity markets in and around...more

7/22/2013 - Barclays Civil Monetary Penalty Electricity FERC Fraud Secondary Markets

House Subcommittee Approves Bill to Expedite Natural Gas Pipeline Permitting

On July 10, 2013, the House Energy and Commerce Committee’s Subcommittee on Energy and Power approved the Natural Gas Pipeline Permitting Reform Act (H.R. 1900) to ensure that federal agencies expeditiously review and act on...more

7/12/2013 - Energy Policy EPA FERC Natural Gas Natural Resources Oil & Gas Pipelines

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