J. Porter Wiseman

J. Porter Wiseman

Akin Gump Strauss Hauer & Feld LLP

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Second Circuit Denies Request to Stay NYISO’s New Capacity Zone

On June 4, 2014, the United States Court of Appeals for the 2nd Circuit (2nd Circuit) denied emergency stays of two Federal Energy Regulatory Commission (FERC) orders implementing a new capacity zone (NCZ) in New York (“NCZ...more

6/9/2014 - Appeals FERC New Capacity Zones Public Utilities Commission Stays Tariffs

D.C. Circuit Vacates FERC’s Controversial Demand Response Rule

On May 23, the United States Court of Appeals for the D.C. Circuit vacated in its entirety FERC’s controversial rule governing demand response resources in wholesale energy markets, known as “Order 745.”1 The majority...more

5/27/2014 - Energy Federal Power Act FERC Jurisdiction Utilities Sector

The Supreme Court Ok’s CSAPR, but Implementation Remains Stalled

The Clean Air Act of 1970 (CAA) requires that states be “Good Neighbors” and regulate their in-state sources of pollution so that those sources do not “contribute significantly” to pollution in other states downwind. ...more

5/7/2014 - Clean Air Act Cross-State Air Pollution EPA EPA v EME Homer City NAAQS SIP

Utilities and Regulators Contemplate The Potential Costs Of Enhanced Physical Security

The security of the electric grid, both cyber- and physical, recently has received much public attention due to publicity surrounding a sniper attack on a California substation (see our blog post on grid security here). But...more

2/24/2014 - Energy FERC NERC Utilities Sector

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

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

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 Issues Notice of Alleged Violations In Connection with 2011 Blackout

On January 22, 2014, the staff (Staff) of the Office of Enforcement of the Federal Energy Regulatory Commission (FERC of the Commission) issued a Staff Notice of Alleged Violations (Preliminary Notice) relating to a September...more

1/29/2014 - Electricity Enforcement FERC NERC Utilities Sector

FERC – CFTC Memoranda of Understanding, Finalized Three Years Late, Fail to Resolve Uncertainty Regarding FERC’s Enforcement...

Only three years late, the Federal Energy Regulatory Commission (“FERC”) and the Commodity Futures Trading Commission (CFTC) (jointly, the “Commissions”) have signed Memoranda of Understanding (MOUs) as directed by Section...more

1/7/2014 - CFTFC Dodd-Frank Enforcement FERC Jurisdiction Memorandum of Understanding

A Simple Framework for Determining Whether Dodd-Frank Applies to Your Energy Trade

The Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank” or the “Act”) authorizes the Commodity Futures Trading Commission (“CFTC”) to comprehensively regulate energy trading activities. Dodd-Frank is...more

1/3/2014 - CFTC Compliance Default Dodd-Frank Eligible Contract Participant Energy Major Swap Participants Position Limits Swap Dealers Swaps Transparency

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

Dominion Authorized to Export LNG to Non-FTA Countries

The Department of Energy, Office of Fossil Energy (“DOE”) has issued its fourth order, its third in 2013, authorizing the export of liquefied natural gas (“LNG”) to nations with which the United States does not have a...more

9/16/2013 - DOE Free Trade Agreement Liquid Natural Gas NERA Oil & Gas Pipelines

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

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