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U.S. Senators Express Concern Over Manipulation of Electricity Markets and Request Information Regarding FERC Enforcement

On July 31, 2013, United States Senators Elizabeth Warren and Edward J. Markey submitted a letter to Federal Energy Regulatory Commission (“FERC”) Chairman Jon Wellinghoff, expressing serious concern over the apparent...more

Brief in “SolarCity” Cash Grant Litigation Provides Insight into Strategy

Covington & Burling’s reply brief to the government’s brief in support of its motion to dismiss provides insight into SolarCity’s strategy. The complaint appears to be as much about providing SolarCity with leverage in...more

"Ontario Speech From The Throne", Focus On Public Policy, February 2013

On Tuesday, February 19th, 2013, the Honourable David Onley, Ontario's Lieutenant Governor, delivered the Wynne government’s Speech from the Throne in the Ontario legislature. Entitled The Way Forward, this speech officially...more

U.S. Energy Regulation, Development & Finance

The U.S. energy and infrastructure sectors have undergone dramatic change since 2006, the year of Pillsbury’s first contribution to the Getting the Deal Through publications. Natural gas production and reserves have increased...more

New Reporting Requirements Under the Iran Threat Reduction and Syria Human Rights Act of 2012

On August 10, 2012, the United States delivered its latest economic blow to Iran by enacting the Iran Threat Reduction and Syria Human Rights Act of 2012. U.S. companies have long been forbidden from engaging in most...more

DOE Grant For Superconducting Wires

Lapeer-based Grid Logic has been awarded a $3.8 Million grant from the Department of Energy to develop a low-cost superconducting wire for use by electric utilities. This funding, under the Advanced Research Project Agency...more

Iran - Sanctions Update: Council Regulation 1263/2012

This alert is an update on the position set out in our client alert of 22 October 2012 (the "October Alert"), which can be found here. ( Please see below for link.)...more

More Information About the Extension of the Production Tax Credit

The American Taxpayer Relief Act of 2012, which was passed by Congress to avoid the “fiscal cliff,” extends certain federal income tax benefits for renewable energy projects, including...more

Energy Alert: 9 Dodd-Frank New Year's Resolutions For Energy Companies

The Commodity Futures Trading Commission rulemaking whirlwind that was 2012 has come and gone, putting that agency's comprehensive swap regulatory regime mostly in place. Here are nine important actions energy companies...more

Dodd-Frank New Year’s Resolutions For Energy Companies And Other Swaps End Users

The CFTC rulemaking whirlwind that was 2012 has come and gone, putting the agency’s comprehensive swap regulatory regime mostly in place. While many energy companies and other swaps end users found much to be happy about in...more

CFTC Issues No-Action Letters Relating to Swaps

Commodity Futures Trading Commission Staff have released several no-action letters relating to various requirements associated with swap trading, including swap dealer (SD) reporting requirements, SD chief compliance officer...more

Administration Announces Manufacturing Partnership Grants By Jordan Shepherd

The U.S. manufacturing sector received a $20 million injection of funds in October to spur growth and innovation at the local level. The funding was given to ten public-private partnerships around the country through the...more

Focus on Foreign Investment: Canada Gives Green Light to CNOOC and Petronas Deals, But Red Light to Future SOE Takeovers in Oil...

On Friday, December 7th, the Canadian Government approved two controversial takeovers of Canadian companies under the Investment Canada Act, Canada’s foreign investment review legislation: the acquisition of oil and gas...more

Canadian Government Adjusts Rules for Foreign Investment

On December 7, 2012, the Canadian Minister of Industry announced decisions under the Investment Canada Act (ICA) to allow acquisitions by two foreign state-owned enterprises (SOEs): of Nexen Inc. by China National Offshore...more

Three Weeks after President Obama's Re-Election: Insights into Executive Branch Energy Funding, Federal Policy, and White House...

Despite uncertainty heading into the 2012 election, the incumbent president secured a second term and the congressional landscape remains largely the same. For energy and clean tech, this means an almost seamless continuation...more

CFTC Issues FAQ on Energy Agreements

The Commodity Futures Trading Commission has responded to questions raised by market participants regarding whether such participants must classify physical commercial agreements for energy supply and consumption as...more

Legislative Update Report No. 2012-21 -- Nov 15, 2012

In This Issue: Federal Government; Alberta; British Columbia; Manitoba; New Brunswick; Newfoundland; Northwest Territories; Nova Scotia; Nunavut; Ontario; Prince Edward Island; Québec/Quebec; Saskatchewan; and...more

CFTC General Counsel Clarifies Application of “Swap” Definition to Energy Transportation and Storage Contracts

The CFTC Office of General Counsel (“OGC”) issued an interpretation today regarding application of the “swap” definition (and forward contract exclusion thereunder) to energy transportation and storage contracts, in response...more

PETRONAS Decision Signals Feds' Caution on SOE Investment Reviews

On October 19, 2012, minutes prior to the expiry of the review period mandated by the Investment Canada Act (ICA), the Minister of Industry, Christian Paradis, announced that he was rejecting the proposed acquisition of...more

Increasing ‘Extraterritorial’ Application of U.S. Trade Control Laws to Non-U.S. Businesses

The U.S. Government has strengthened economic sanctions against Iran and has increasingly enforced these laws against third-country companies that do business with Iran....more

Energy Alert: FERC Hits Barclays Group and Four of Its Traders with Record $500 Million Penalty.

On October 31, the Federal Energy Regulatory Commission proposed a record penalty of almost $500 million against the Barclays Group and four Barclays traders, charging them with manipulating prices for electricity in the...more

On the Heels of Declaring South Fayette Township Ineligible to Receive Impact Fee Funds, Judge Quigley of Commonwealth Court...

On October 18, 2012, the PUC issued an opinion after reviewing an ordinance enacted by South Fayette Township relating to natural gas drilling, which found the Township in violation of Act 13. Due to the violations, the...more

EU Introduces New Restrictive Measures in Respect of Iran, Including on the Import of Iranian Natural Gas and Tightens Existing...

In light of Iran’s failure to engage in negotiations to address international concerns about its nuclear programme, the EU has adopted additional restrictive measures against Iran. The new measures are set out in Council...more

Financial Services Bulletin: Action at the SEC, DC Circuit Court, and the CFTC

In This Issue: - SEC Proposes Security-Based Swap Rules - Court Challenge Filed to the SEC's "Conflict Mineral" Rules - CFTC Proposes Security-Based Swap Rules...more

U.S. Chamber of Commerce Sues SEC to Overturn Extractive Industry Transparency Rule

Earlier this month, on October 10, the U.S. Chamber of Commerce and three other industry groups filed suit against the Securities and Exchange Commission in federal court in Washington, D.C. The lawsuit seeks to overturn the...more

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