Julia Elizabeth Sullivan

Julia Elizabeth Sullivan

Akin Gump Strauss Hauer & Feld LLP

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US House of Representatives Passes Bill to Expedite LNG Exports

On June 25, 2014, the US House of Representatives approved H.R. 6, the Domestic Prosperity and Global Freedom Act, by a 266-150 vote. The Energy and Commerce Committee reports that the bill, authored by Rep. Cory Gardner...more

7/1/2014 - DOE Energy Policy Exports Legislative Agendas Legislative Committees Liquid Natural Gas Natural Gas New Legislation

FERC Announces New Approach for Determining the Return on Equity for Electric Utilities

On June 19, 2014, the Federal Energy Regulatory Commission (FERC) issued Opinion No. 531, an order affirming in part and reversing in part an administrative law judge’s August 2013 Initial Decision concerning a complaint...more

6/23/2014 - Advisory Opinions ALJ Electricity Federal Power Act FERC Return on Equity Utilities Sector

EPA Proposal Sets Ambitious Carbon Reduction Goals for Power Sector; Creates Challenges and Opportunities for Industry

On June 2, 2014, the Obama Administration unveiled an ambitious administrative proposal that would require states to regulate carbon dioxide (“CO2”) emissions from existing fossil fuel power plants, reducing emissions from...more

6/5/2014 - Carbon Emissions Clean Air Act Climate Action Plan Energy Policy Environmental Policies EPA Greenhouse Gas Emissions Obama Administration Power Plants Renewable Energy RGGI

DOE Releases Two New Reports on the Environmental Impacts of LNG Exports

On Thursday, May 29, 2014, the U.S. Department of Energy (DOE) released two new reports on the potential environmental impacts of liquefied natural gas (LNG) exports from the United States to countries that do not have a free...more

6/4/2014 - DOE Environmental Impact Report Environmental Policies Liquid Natural Gas Natural Gas Oil & Gas

DOE Proposes New Procedures for LNG Export Authorizations

Yesterday, the United States Department of Energy (DOE) issued proposed new procedures for liquefied natural gas (LNG) export decisions. The proposal applies only to applications to export LNG from the Lower-48 states to...more

6/2/2014 - Applications DOE Energy Export Controls Exports FERC Liquid Natural Gas Natural Gas NEPA Oil & Gas Public Comment

NERC Proposes New Physical Reliability Standard

Last Friday, the North American Electric Reliability Corporation (NERC) submitted for approval by the Federal Energy Regulatory Commission (FERC), in Docket No. RM14-15, a proposed new physical reliability standard. The...more

5/30/2014 - Energy NERC Power Plants Transmission Grid Utilities Sector

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

Mexico Energy Reform – Secondary Legislation Submitted to Congress

On April 30, 2014, President Enrique Peña Nieto formally presented to the General Congress of the United Mexican States (Congress) the much anticipated secondary legislation to implement the revolutionary constitutional...more

5/9/2014

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

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