Levi McAllister

Levi McAllister

Morgan Lewis

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CFTC Proposes Amendments to Whistleblower Awards Process and Anti-Retaliation Authority

The amendments would make the CFTC’s whistleblower awards process more uniform with the SEC’s program and would enable the CFTC to bring enforcement actions against employers that retaliate against whistleblowers....more

9/6/2016 - Anti-Retaliation Provisions CFTC Civil Monetary Penalty Commodities Exchange Act Employer Liability Issues Enforcement Actions Enforcement Authority Proposed Amendments Retaliation SEC Transparency Whistleblower Awards Whistleblower Protection Policies Whistleblowers

Federal Court Grants Full Civil Trial to FERC Enforcement Target

The decision will likely affect the strategies of enforcement targets in electric market manipulation cases. For the first time, a federal district judge has held that a review of a Federal Energy Regulatory Commission’s...more

7/29/2016 - Administrative Proceedings Agency Deference ALJ Civil Monetary Penalty De Novo Standard of Review Discovery Due Process Electricity Energy Market Energy Sector Enforcement Actions Federal Power Act Federal Rules of Civil Procedure FERC Market Manipulation Order to Show Cause

DC Circuit Ruling Threatens to Topple FERC Tax Allowance Policy

Court rules that FERC policy permitting a tax allowance for pass-through entities may unjustifiably permit “double-recovery” of tax expense. On July 1, the US Court of Appeals for the District of Columbia Circuit issued...more

7/21/2016 - Administrative Procedure Act Appeals Arbitrary and Capricious Business Entities Federal Power Act FERC Interstate Commerce Natural Gas Act Pass-Through Entities Pipelines REIT Tax Allocation Agreements Tax Allowances Tax Liability United Airlines

Pipeline and Hazardous Materials Safety Administration Reauthorized

The newly enacted legislation further bolsters PHMSA’s growing oversight of storage and pipeline transport facilities. On June 22, US President Barack Obama signed the Protecting Our Infrastructure of Pipelines and...more

6/29/2016 - Barack Obama Department of Transportation (DOT) EPA FERC Hazardous Substances HHS Natural Gas Oil & Gas PHMSA Pipelines PIPES Act Public Safety Task Force

CFTC Proposes to Allow Private Lawsuits for Transactions in RTOs and ISOs

The proposal could create uncertainty for market participants and raise jurisdictional questions about which regulator should police power markets....more

5/26/2016 - CFTC Commodities Exchange Act Dodd-Frank Energy Market Federal Power Act FERC ISOs Jurisdiction Price Manipulation Private Right of Action Proposed Amendments Public Comment RTO

CFTC Proposes Dodd-Frank Relief to Certain Energy Industry Contracts

The proposal furthers an ongoing effort to minimize Dodd-Frank burdens on commercial end users. On April 4, the US Commodity Futures Trading Commission (CFTC) issued an order proposing guidance about the Dodd-Frank...more

4/6/2016 - CFTC Commodities Dodd-Frank Natural Gas Oil & Gas Private Utility Swaps

FERC Signals Intention to Closely Scrutinize Late Interventions

Movants must clear high hurdle once parties reach settlement in principle. On March 9, the Federal Energy Regulatory Commission (FERC or the Commission) issued an order in Maritimes & Northeast Pipeline, LLC (Maritimes...more

3/15/2016 - Administrative Appeals ALJ Federal Power Act FERC Intervenors Limitation Periods Natural Gas Act Oil & Gas Pipelines Settlement Agreements Standard of Review

Decision Permits Rejection of Midstream Agreements in Bankruptcy

Decision establishes framework for future rulings that covenants in midstream agreements do not run with the land. On March 8, Judge Shelley C. Chapman of the US Bankruptcy Court for the Southern District of New York...more

3/14/2016 - Bankruptcy Court Commercial Bankruptcy Covenants that Run With the Land Debtors Midstream Contracts Mineral Extraction Oil & Gas

US Supreme Court Holds FERC Has Jurisdiction Over Demand Response

Decision brings more clarity to jurisdictional boundaries between state public utility regulatory commissions and FERC set forth by the Federal Power Act. On January 25, the US Supreme Court, in a 6-2 decision, ruled in...more

1/27/2016 - Demand Response Energy Consumption Energy Market Federal Power Act FERC FERC v Electric Power Supply Association Jurisdiction Public Utilities Commission SCOTUS

Congress Lifts Oil Export Ban

Oil exports permitted for the first time in 40 years. On December 18, the US Congress passed H.R. 2029, ominbus appropriations legislation that provides discretionary funding for the federal government for the current...more

12/21/2015 - Bipartisan Budget Crude Oil Energy Policy Exports Repeal

FERC Terminates Proceeding That Would Increase Reporting of Natural Gas Sales

On November 17, 2015, the Federal Energy Regulatory Commission (FERC) issued an order terminating its inquiry on potentially requiring jurisdictional sellers to submit quarterly reports on natural gas transactions....more

11/24/2015 - FERC Market Manipulation Market Participants Natural Gas Act Reporting Requirements Transparency

FERC Issues Annual Enforcement Report

The Annual Report provides information concerning the Office of Enforcement’s efforts in fiscal year 2015. On November 19, the Federal Energy Regulatory Commission’s (FERC’s or the Commission’s) Office of Enforcement...more

11/23/2015 - Energy Policy Act Energy Sector Enforcement Actions FERC Market Manipulation

Recent Regulations Prompt Revamped FERC Pipeline Cost-Recovery Policy

FERC proposes to establish a framework that allows pipelines to use surcharge or tracker cost-recovery mechanisms to accelerate system improvements associated with new safety and environmental compliance regulations....more

11/24/2014 - EPA FERC Natural Gas Oil & Gas PHMSA Pipelines Power Infrastructure

FERC Issues Order Addressing General Requirements for Reactive Power

All generators must have rate schedules for jurisdictional reactive power service on file, even if they are not receiving compensation. On October 17, the Federal Energy Regulatory Commission (FERC or the Commission)...more

10/23/2013 - Energy Energy Policy FERC Utilities Sector

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