Robert Fleishman

Robert Fleishman

Morrison & Foerster LLP

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PHMSA Sets Standards to Enhance Safety of Underground Natural Gas Storage Facilities

On December 14, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA), a division of the Department of Transportation (DOT), issued an Interim Final Rule (the “IFR”) to implement safety standards for the...more

12/22/2016 - Department of Transportation (DOT) Hazardous Substances Interim Final Rules (IFR) Natural Gas Oil & Gas PHMSA PIPES Act Safety Standards Underground Storage Tanks

Energy Policy In The Trump Era: Part 2

Presidential elections matter. President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. Reducing regulation...more

12/7/2016 - Clean Power Plan Climate Change DOE Donald Trump Energy Policy Paris Agreement Presidential Elections Trump Administration

Energy Policy In The Trump Era: Part 1

Presidential elections matter. President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment and climate change. Reducing regulation...more

12/6/2016 - Clean Energy Climate Change Coal Industry Donald Trump Energy Policy Energy Sector Oil & Gas Popular Presidential Elections Renewable Energy Trump Administration

Trump Administration Expected to Change Emphasis on Energy Sources and Seek to Reverse or Limit Many Environmental and Climate...

Presidential elections matter. President-elect Donald Trump has pledged to drastically change the federal government’s role and policies in relation to energy, the environment, and climate change. Reducing regulation...more

11/29/2016 - Clean Energy Clean Power Plan Climate Change Coal Donald Trump Energy Reform Energy Sector Environmental Policies Natural Gas Oil & Gas Paris Agreement Popular Presidential Elections Renewable Energy Trump Administration

FERC Proposes Rules on Electric Storage and Distributed Energy Resource Participation in Organized Wholesale Power Markets,...

FERC issued a proposed rule last week that has the potential to blaze a path forward for electric storage and distributed energy resources in organized wholesale electricity markets. It also released its annual enforcement...more

11/22/2016 - Electricity Energy Efficiency Energy Market Energy Sector Energy Storage Enforcement FERC ISO/RTO NOPR Renewable Energy Wholesale

What To Know About PHMSA's New Emergency Authority Rule - October 2016

Law360, New York (October 24, 2016, 11:47 AM EDT) -- On Oct. 14, 2016, the Pipeline and Hazardous Materials Safety Administration published an interim final rule (IFR) establishing procedures to implement new imminent hazard...more

10/26/2016 - Emergency Orders Gas Leaks Hazardous Substances Interim Final Rules (IFR) Oil & Gas PHMSA Pipelines PIPES Act

Pipeline Safety: PHMSA Releases New Rule on Emergency Authority

On Monday, October 3, 2016, the Pipeline and Hazardous Materials Safety Administration (PHMSA) released an interim final rule (IFR) establishing procedures to implement new imminent hazard authority created by the PIPES Act...more

10/7/2016 - Final Rules Hazardous Substances Oil & Gas PHMSA Pipelines PIPES Act Public Comment

FERC Seeks to Enhance Electricity Market Surveillance and Data Collection for Market-Based Rates Sellers and Other Market...

On July 21, 2016, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (July NOPR) to require certain participants in wholesale electric markets to submit “relational databases” to report...more

7/28/2016 - Data Collection Electricity Energy Market Energy Sector FERC ISOs Market Based Approach NOPR Reporting Requirements RTO Surveillance

Paris Agreement on Climate Change Boosts Clean Energy Innovation and Finance

On December 12, 2015, 195 countries came together in Paris to adopt a landmark climate change deal. The Paris Agreement creates, for the first time, a long-term global framework that commits nearly every country to reducing...more

12/22/2015 - Clean Energy Clean Power Plan Climate Change Financing Greenhouse Gas Emissions Intended Nationally Determined Contributions (INDC) Paris Agreement

FERC Substantially Modifies Filing Requirements for Market-Based Rate Sellers and Clarifies Rules on Priority Rights Granted to...

On October 16, 2015, the Federal Energy Regulatory Commission (FERC or “Commission”) issued Order No. 816 that revises filing requirements for market-based rate (MBR) sellers of electric energy, capacity, and ancillary...more

10/27/2015 - Affiliates Electric Generation Suppliers Electricity Energy Sector Federal Register FERC Filing Requirements Final Rules Hydropower ICIF Market Power New Guidance OASIS OATT Rebuttable Presumptions Sellers

FERC Seeks to Expand Electricity Market Surveillance with New Data Reporting Requirements

On September 17, 2015, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) to expand the obligations of Regional Transmission Organizations and Independent System Operators...more

9/29/2015 - Comment Period Dodd-Frank Electricity Electricity Costs Energy Market Energy Sector Energy Trading FERC FOIA Fraud ISO Legal Entity Identifiers Market Manipulation NPRM Proposed Regulation Reporting Requirements RTO

The Clean Power Plan's Winners And Losers

Citing “immediate risks” to national security, public health and the economy, the Obama administration adopted ambitious regulations and policies to implement its Clean Power Plan, establishing the first national standards to...more

8/20/2015 - Barack Obama Clean Air Act Clean Energy Clean Power Plan EPA Greenhouse Gas Emissions Oil & Gas Power Plants

Obama Administration Adopts Landmark Clean Power Plan

Citing “immediate risks” to national security, public health, and the economy, the Obama Administration adopted ambitious regulations and policies to implement its Clean Power Plan, establishing the first ever national...more

8/6/2015 - Carbon Emissions Clean Air Act Clean Energy Clean Power Plan Climate Change Coal-Fired Generation DOE Emissions Trading System Energy Efficiency EPA FERC Final Rules Greenhouse Gas Emissions National Emissions Standards Natural Gas Obama Administration Power Plants Reliability Standards Renewable Energy Solar Energy Wind Power

ONEOK, Inc. v. Learjet, Inc.: The Supreme Court Holds that Natural Gas Jurisdictional Sellers are Subject to State Antitrust...

On April 21, 2015, the Supreme Court issued its much-anticipated decision in ONEOK Inc. v. Learjet, Inc. addressing the extent to which the Natural Gas Act (“NGA”) preempts state antitrust claims brought against...more

4/27/2015 - Antitrust Litigation FERC Natural Gas Oil & Gas Oil Prices ONEOK v Learjet Preemption Price-Fixing SCOTUS

FERC Proposes New Regulations on Priority Rights and Access to Generator Interconnection Facilities

On May 15, 2014, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) on open access and priority rights with regard to Interconnection Customer’s Interconnection Facilities (ICIF)....more

7/14/2014 - Electric Generation Suppliers Electricity FERC ICIF Market Participants NAESB Natural Gas NOPR

Laying the Groundwork for Natural Gas Vehicles

Infrastructure and Regulations may Dictate Speed of Adoption - America’s shale gas revolution is making waves in transportation technology. Currently, only 1 percent of all natural-gas-fueled vehicles worldwide are...more

5/20/2014 - FERC Natural Gas Oil & Gas Trucking Industry

CFTC and FERC Issue Long-Awaited Memoranda of Understanding on Jurisdiction and Information Sharing

On January 2, 2014, the Commodity Futures Trading Commission (“CFTC”) and the Federal Energy Regulatory Commission (“FERC,” collectively, the “agencies”) signed “Memoranda of Understanding” regarding certain matters of...more

1/10/2014 - CFTC Dodd-Frank FERC Information Sharing Jurisdiction Memorandum of Understanding

CFTC Proposes Speculative Position Limits – Again

On November 5, 2013, the Commodity Futures Trading Commission (“CFTC” or “Commission”) proposed new speculative position limits. The proposal (“New Proposal”) would establish spot-month and non-spot-month limits for 28 core...more

11/20/2013 - CFTC Compliance Dodd-Frank Futures Position Limits

Key Energy Regulators Speak – Energy Storage is Happening

This November 2013, new and improved Federal Energy Regulatory Commission (FERC) regulations adopted in Order No. 784, Third-Party Provision of Ancillary Services; Accounting and Financial Reporting for New Electric Storage...more

9/20/2013 - CPUC FERC Grid Energy Storage Renewable Energy

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