Julia Elizabeth Sullivan

Julia Elizabeth Sullivan

Akin Gump Strauss Hauer & Feld LLP

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An RTO for Gas?

On April 1, 2014, the Federal Energy Regulatory Commission (FERC) held a technical conference on “Winter 2013-2014 Operations and Market Performance in Regional Transmission Organizations and Independent System Operators.”...more

4/3/2014 - FERC Natural Gas Oil & Gas

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

Senators Introduce Competing Proposals Relating to Natural Gas Exports

On March 6, 2014, Sen. Mark Begich (D-Alaska) proposed amendments to Section 3 the Natural Gas Act (NGA) to expand the list of export destinations that are eligible for an expedited permitting process at the Department of...more

3/17/2014 - Exports Natural Gas Oil & Gas Pipelines

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

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

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 Alleges Numerous Federal Power Act Section 203 and 205 Violations by Subsidiaries of ITC Holdings Corp.

On February 11, 2014, the staff of the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC) issued a Staff Notice of Alleged Violations (Notice) stating that it has preliminarily determined that four...more

2/13/2014 - Energy Federal Power Act FERC ITC

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 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 Enforcement Chief Norman Bay Testifies Regarding FERC’s Energy Market Oversight and Enforcement Authority and Approach

On January 15, 2014, Norman C. Bay, Director of the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC), testified before the U.S. Senate Banking, Housing, and Urban Affairs Subcommittee on Financial...more

1/23/2014 - CFTC Compliance Energy Enforcement Actions FERC Fraud

FERC Approves $4 Million Penalty for Dam Violations that Resulted in Two Deaths

On January 15, 2014, the Federal Energy Regulatory Commission (“Commission”) issued an order approving a Stipulation and Consent Agreement between the Commission’s Office of Enforcement and Erie Boulevard Hydropower, L.P....more

1/17/2014 - Dams Drowning Deaths Enforcement FERC Hydropower

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

FERC May Propose New Licensing Requirements

Commissioners John Norris and Philip Moeller plan to begin developing this month a first-of-its-kind licensing program for traders and other players in FERC-regulated markets. A licensing requirement could give FERC a...more

1/7/2014 - FERC Licensing Rules

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

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

House Passes Bill to Expedite Natural Gas Pipeline Permits

On November 21, 2013, the House voted 252-165 in favor of H.R. 1900, also known as the Natural Gas Pipeline Permitting Reform Act (“Act”), to expedite the process for obtaining a pipeline permit from the Federal Energy...more

11/25/2013 - FERC Natural Gas Pipelines

Appellate Court Upholds FERC Decisions on CAISO Must-Offer Cost Allocation

The U.S. Court of Appeals for the District of Columbia Circuit this week upheld two Federal Energy Regulatory Commission (FERC) orders allocating the costs associated with mitigating transmission constraints on a Southern...more

11/7/2013 - Consumer Utility Costs Cost Allocation Energy FERC Power Grid Utilities Sector

Two Senate Bills Propose National Renewable Portfolio Standard

Senator Tom Udall (D-NM) sponsored legislation on October 29, 2013, that would institute a nationwide renewable portfolio standard for the country’s investor-owned utilities. The proposal, called the Renewable Electricity...more

11/5/2013 - Investor-Owned Utilities Renewable Energy Renewable Portfolio Standards 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

Exelon Corporation Settles FERC Enforcement Action

On October 18, 2013, the Federal Energy Regulatory Commission (“Commission”) approved a Stipulation and Consent Agreement between the Office of Enforcement (“Enforcement”) and Exelon Corporation (“Exelon”) to resolve an...more

10/22/2013 - Compliance Disgorgement Enforcement Actions Exelon Generation FERC Unjust Enrichment

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

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

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

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