Suedeen Kelly

Suedeen Kelly

Akin Gump Strauss Hauer & Feld LLP

Contact  |  View Bio  |  RSS

Latest Publications


FERC Likely to Look into PURPA Policies

Congress passed the Public Utility Regulatory Policies Act (PURPA) in 1978. It quickly proved controversial in practice, and remains so today. PURPA introduced competition to the electric industry by creating a market for...more

11/23/2015 - Competition Energy Sector FERC Power Infrastructure PURPA

Supreme Court Argument on Demand Response Marked by Ideological Divisions

On Wednesday, October 14, 2015, the parties to the U.S. Supreme Court case FERC v. EPSA made their arguments before the justices. This case involves the validity of the Federal Energy Regulatory Commission’s (FERC or...more

10/19/2015 - Demand Response Electricity FERC FERC v Energy Power ISOs Jurisdiction Political Parties RTO SCOTUS Utility Rates

Pacific Northwest Utilities Seek Key FERC Declarations Regarding New Regional Market

Two weeks ago, a diverse group of electric industry entities in the Pacific Northwest filed a Petition for a Declaratory Order asking the Federal Energy Regulatory Commission (FERC) to decide issues raised by establishing a...more

9/24/2015 - CAISO Declaratory Rulings Electricity Energy Market Energy Policy FERC Petition for Review Utilities Sector

House and Senate Introduce Bipartisan Energy Packages Addressing FERC’s Role

On July 22, 2015, the House Energy and Commerce Subcommittee on Energy and Power unanimously passed a diverse energy bill designed to expedite Federal Energy Regulatory Commission (FERC) natural gas pipeline reviews,...more

8/6/2015 - DOE Energy Policy Energy Sector FERC Free Trade Agreement New Legislation Oil & Gas Pipelines Power Infrastructure

Wind Power Trade Association Seeks Reforms to Generator Interconnection Process

On July 7, 2015, the Federal Energy Regulatory Commission (FERC) issued a notice seeking comments on a petition for rulemaking filed by the American Wind Energy Association (AWEA). The petition asks FERC to implement reforms...more

7/15/2015 - Electric Generation Suppliers Electricity Energy Sector FERC Interconnections Petition for Rulemaking Trade Associations Wind Power

FERC to EPA: We Are Here to Help on CPP

On May 15, 2015, the five sitting Federal Energy Regulatory Commission (FERC) commissioners sent a joint letter to Janet G. McCabe, acting assistant administrator of the Environmental Protection Agency (EPA), regarding the...more

6/3/2015 - Clean Power Plan Energy Sector EPA FERC Greenhouse Gas Emissions Power Grid Power Plants

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

Entergy Sues New York’s Public Service Commissioners, Alleging Constitutional Violations in Awarding an Out-of-Market Contract to...

New York is under fire, like Maryland and New Jersey before it, for allegedly advantaging an incumbent generator competing in Regional Transmission Organization markets with an out-of-market contract. Entergy has sued the New...more

3/19/2015 - Electric Generation Suppliers Electricity Energy Sector Entergy

The D.C. Circuit Clarifies the Timing for Filing Petitions for Review of FERC Orders

At the end of January, the D.C. Circuit denied rehearing en banc in Smith Lake Improvement and Stakeholder Association v. FERC.  Smith Lake clarified when a party denied rehearing at the Federal Energy Regulatory Commission...more

2/19/2015 - En Banc Review FERC Filing Deadlines Petitions for Review

Uncertainty Surrounding Demand Response Continues into the New Year

Many issues facing FERC in 2014 have carried over to 2015. Topping the list is the uncertain future of demand response in wholesale electricity markets. Demand response’s future hinges on decisions at FERC, in the federal...more

1/12/2015 - Electricity Energy Market Federal Power Act FERC Jurisdiction

Non-Incumbent Transmission Developers Win with Court’s Affirmance of FERC’s Order No. 1000

Non-incumbent transmission developers scored a big win last week. As we previously reported here, the D.C. Circuit Court of Appeals upheld FERC’s Order No. 1000. Among other things, Order 1000 mandated that a regional...more

8/22/2014 - Electricity Energy FERC Transmission Lines Transmission Planning Utilities Sector

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

FERC’s Principles-Based Enforcement

You may have noticed the Federal Energy Regulatory Commission (FERC) has received lots of heated criticism over its enforcement of alleged market manipulation and fraudulent behaviors. You may also have noticed FERC has not...more

7/15/2014 - Criminal Prosecution DOJ Enforcement Enforcement Actions FERC Fraud Market Manipulation

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

Second Circuit Denies Request to Stay NYISO’s New Capacity Zone

On June 4, 2014, the United States Court of Appeals for the 2nd Circuit (2nd Circuit) denied emergency stays of two Federal Energy Regulatory Commission (FERC) orders implementing a new capacity zone (NCZ) in New York (“NCZ...more

6/9/2014 - Appeals FERC Public Utilities Commission Stays Tariffs

The Supreme Court Ok’s CSAPR, but Implementation Remains Stalled

The Clean Air Act of 1970 (CAA) requires that states be “Good Neighbors” and regulate their in-state sources of pollution so that those sources do not “contribute significantly” to pollution in other states downwind. ...more

5/7/2014 - Clean Air Act Cross-State Air Pollution EPA EPA v EME Homer City NAAQS SIP

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

18 Results
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.