John Michael White

John Michael White

Akin Gump Strauss Hauer & Feld LLP

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Supreme Court Rejects Pre-Emption Claim in State Antitrust Action

On April 21, 2015, the Supreme Court issued a divided opinion declining to find federal pre-emption by the Natural Gas Act (NGA) of certain state antitrust claims. In Oneok, Inc. v. Learjet, Inc., a group of manufacturers,...more

4/28/2015 - Antitrust Litigation FERC Natural Gas Act Oil & Gas Oil Prices ONEOK v Learjet Preemption Price-Fixing SCOTUS

FERC Denies Rehearing of Opinion No. 531

On March 3, 2015, the Federal Energy Regulatory Commission (“FERC”) issued Opinion No. 531-B, an order denying rehearing of Opinion No. 531. Opinion No. 531 involved a challenge to the New England Transmission Owners’...more

3/19/2015 - FERC ISOs Petition For Rehearing

Fifth Circuit Allows Texas Commission to Limit PURPA Sales

On September 8, 2014, the U.S. Court of Appeals for the Fifth Circuit dealt a blow to Exelon Corp. (“Exelon”), rejecting challenges by various Exelon wind-generating entities to a Texas Public Utility Commission (PUCT)...more

9/15/2014 - Energy FERC Renewable Energy Utilities Sector Wind Power

Iowa Supreme Court Allows Third-Party PPA to Move Forward

On Friday, July 11, the Supreme Court of Iowa issued a decision holding that a solar energy company entering into a third-party power purchase agreement (PPA) with an Iowa municipality would not be considered a public utility...more

7/18/2014 - Energy Power Plants Power Purchase Agreements Utilities Sector

Oil and Gas Industry Forms Information Sharing Group to Combat Cyber Threats

In response to the growing threat from cyber-attacks, the oil and gas industry has announced the formation of an information sharing clearinghouse. The new group, known as the Oil and Natural Gas Information Sharing and...more

7/9/2014 - Corporate Counsel Cyber Attacks Cybersecurity Energy Oil & Gas Popular

FERC Initiates Proceeding to Evaluate Price Formation

On June 19, 2014, the Federal Energy Regulatory Commission (FERC) initiated a proceeding with the aim of evaluating price formation issues in the wholesale energy and ancillary services markets. The new initiative comes in...more

6/30/2014 - Energy Energy Policy FERC RTO Wholesale

FERC Seeks en banc Review of D.C. Circuit’s Demand Response Decision

On June 11, 2014, Acting FERC Chair Cheryl LaFleur announced that FERC will seek rehearing en banc of the May 23rd, 2014, decision of the D.C. Circuit that vacated FERC’s controversial rulemaking on demand response...more

6/13/2014 - Energy Energy Market FERC

FERC Reverses Course on State Laws in Transmission Planning

The Federal Energy Regulatory Commission (the “Commission” or “FERC”) granted partial rehearing in three separate orders last week involving Order No. 1000 compliance filings. Most notably, the Commission reversed course on a...more

5/28/2014 - Compliance Federal Jurisdiction FERC PJM Right of FIrst Refusal SCE&G State and Local Government Transmission Planning

Senators Question Bay, LaFleur on FERC Nominations

The Senate Energy and Natural Resources Committee held a hearing on Tuesday on the nominations of Norman Bay and Cheryl LaFleur to the Federal Energy Regulatory Commission (the “Commission” or “FERC”). Mr. Bay, who currently...more

5/22/2014 - Energy Energy Policy FERC Power Grid Utilities Sector

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