Business Organization, Energy & Utilities Law

Innovations and Opportunities in Energy Efficiency Finance

by Kendall Bodden, Josh Bushinsky, Charlotte Kim, Randy Lewis, Wendra Liang, Robert O’Connor, Sheridan Pauker, Scott Zimmermann | Wilson Sonsini Goodrich & Rosati on 5/21/2013

In this white paper: - Introduction - Energy Efficiency Finance Structures, New and Familiar, and Negotiating Key Agreements - Energy Savings Performance Contracts (ESPCs) and Applying REITs to Energy...more

Tax-Efficient Capital Vehicles for Unregulated Utilities: REITs, MLPs and Up-Cs Considered

by Nickolas Gianou, David Levy, Sean Shimamoto | Skadden, Arps, Slate, Meagher & Flom LLP on 5/15/2013

Over the last several years, a confluence of political and market developments have made capital for renewable energy projects harder to come by, which has affected the ability of unregulated affiliates of public utilities...more

MoFo New York Tax Insights - Volume 4, Issue 5 - May 2013

by Open Weaver Banks, Hollis L. Hyans, Kara M. Kraman, Irwin M. Slomka | Morrison & Foerster - State + Local Tax... on 5/14/2013

In This Issue: New York Enacts Significant Changes to Related Member Royalty Add-Back Law; Nuclear Power Plant That Produces Steam and Water to Generate Electricity Not Eligible for Investment Tax Credit; Appellate...more

Delaware Court Dismisses Securities Fraud Action Against Power Plant Executives

by Michael S. Gordon, Dean Razavi | Katten Muchin Rosenman LLP on 5/8/2013

The US District Court for the District of Delaware dismissed a class action for securities fraud against former officers and directors of a geothermal energy company, in which the plaintiffs alleged that the defendants had...more

Master Limited Partnership Parity Act, Nuclear Waste, and the Investment Tax Credit– ML Strategies Weekly Energy and Environmental...

by Mintz Levin - Energy & Clean Technology on 5/6/2013

This week’s Energy & Environment Update recaps the very busy past week for energy and environmental issues both on and off Capitol Hill. Senator Coons introduced the Master Limited Partnership Parity Act on Wednesday. ...more

The PUHCA, Chenery & The Run For The Roses

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 5/2/2013

Earlier this week, I mentioned the former Public Utility Holding Company Act (aka PUHCA). Although it was repealed several years ago, the PUHCA remains important as the legal substrate upon which the famous, and still...more

HB 85 – Act Relating to Public-Private Partnerships

by Mark Herron | Messer & Caparello, P.A. on 4/25/2013

In the wake of the recent recession, a number of states, including Florida, are exploring new and innovative solutions to the problem of insufficient funding for the construction and improvement of public facilities. At the...more

New Anti-Corruption Provisions in EU Legislation: Increased Accountability for Mining, Oil and Gas Companies

by Neil Gerrard, Miriam Gonzalez, Jonathan Pickworth | Dechert LLP on 4/11/2013

Large non-listed companies incorporated in the European Economic Area (“EEA”) which operate in the oil, gas and mining sectors will need to annually disclose any payments made to the national, regional or local authority of a...more

Energy Alert: Deadline Approaches For Energy Company Swap Reporting

by Nate Endrud | Leonard, Street and Deinard on 3/19/2013

The CFTC's Dodd-Frank swap reporting and recordkeeping requirements become mandatory on April 10, 2013, for all persons and companies engaging in swaps. These requirements include the agency's swap data reporting and...more

Proposition 39 – Analysis and Status of Implementation Current as of: 2/14/13

by Constantine Baranoff | Kronick, Moskovitz, Tiedemann & Girard on 2/22/2013

In November 2012, Proposition 39 was approved by the voters of California. Prior to Proposition 39, corporations were given two options to calculate their state tax liability under California law. Proposition 39 eliminated...more

Fourth Circuit Refuses to Pierce the Corporate Veil in Oil Spill Case

by Dean Razavi, Bruce Sabados | Katten Muchin Rosenman LLP on 2/20/2013

The US Court of Appeals for the Fourth Circuit has refused to enforce a judgment against an entity with ties to the judgment debtor, finding that the judgment creditor had not adequately pled an alter ego claim....more

PA Tax Law News - February 2013

by James Fritz, Timothy J. Horstmann, Megan F. Luck, Sharon R. Paxton, Randy Varner | McNees Wallace & Nurick LLC on 2/15/2013

In This Issue: PA Governor Proposes Corporate Tax Cuts; Add-Back Legislation Reintroduced; PA Supreme Court Issues Business/Nonbusiness Income Decision; Philadelphia Property Reassessments; Commonwealth Court Addresses...more

The Transparency Agenda: Section 1504 and Beyond

by Amy Lehr | Foley Hoag LLP - Corporate Social... on 2/12/2013

A number of significant briefs were filed recently with the U.S. Court of Appeals for the D.C. Circuit in support of Section 1504 of the Dodd-Frank Act, which requires oil, gas, and mining issuers to report on their payments...more

2012 Mining Report British Columbia Securities Commission

by Brian Abraham | Dentons on 2/1/2013

On January 24, 2013, the BC Securities Commission issued a report (the “2012 Mining Report”) with respect to disclosure and interpretive issues under National Instrument 43 101, which is referenced as “the Mining Rule” in the...more

BCSC Releases 2012 Mining Report

by Ahmad Adam | Dentons on 1/29/2013

On January 24, 2013, the British Columbia Securities Commission (“BCSC”) released its 2012 Mining Report (the “Report”). The Report is the first of its kind for the BCSC and serves to strengthen the BCSC’s efforts to be...more

CFPOA Bribery Fine of $10.3 million Imposed on Canadian Company

by Matthew S. Kronby, Maureen Ward | Bennett Jones LLP on 1/29/2013

Griffiths Energy International Inc. (GEI) pleaded guilty on January 22, 2013, to one charge of bribing a foreign official contrary to the Canadian Corruption of Foreign Public Officials Act (CFPOA). This is the third...more

TSX New Company Manual Rules Regarding Election Of Directors And Majority Voting Are Now Effective

by Elianeth Alicea | Dentons on 1/25/2013

On December 31, 2012, the recent amendments to the TSX Company Manual regarding director elections and majority voting became effective. Under the new rules, TSX-listed companies are required to...more

Chesapeake Lighthouses and Lighting the Way for Compliance

by Thomas Fox on 1/25/2013

In the winter 2013 issue of the Colonial Williamsburg magazine is an article by Michael Lombardi, entitled “Lighthouses Marked the Shoals of the Commerce Clause”. In this article, Lombardi wrote about four lighthouses...more

Congress Approves The American Taxpayer Relief Act Of 2012, Preventing "Fiscal Cliff"

by Christopher Abrams, Alicia Kirkpatrick, D. Scott Lindstrom, William J. Sanders, David N. Zimmerman | Polsinelli on 1/22/2013

After much contention,Congress passed the American Taxpayer Relief Act of 2012, and President Obama signed the legislation on January 2, 2013. The Act avoids automatic sunset provisions that were scheduled to take effect...more

President Obama Signs "Fiscal Cliff" Legislation into Law

by Edward Beckwith, John Lehrer II, Michael Nydegger, Jeffrey Paravano, Edward Ptaszek, Jr., Paul Schmidt, Christopher Swift, William J. Weber | BakerHostetler on 1/4/2013

As you likely have heard, the President signed the American Taxpayer Relief Act (H.R. 8) (the "Act") on January 2, 2013. The Act, popularly known as the "fiscal cliff" legislation, permanently extends the Bush era tax cuts...more

New Reliability Compliance Opportunities in 2013

by Daniel Frank, Alison Graab, Meghan R. Gruebner, Alexandra Konieczny, Jennifer Kubicek | Sutherland Asbill & Brennan LLP on 1/2/2013

The Federal Energy Regulatory Commission (FERC) closed out 2012 with several orders affecting reliability compliance. FERC adopted a revised definition of the “bulk electric system,” authorized FERC access to e-Tags used to...more

Abu Dhabi Oil & Gas Update: Security Passes for ADNOC Facilities

by Christopher D. Gunson | Pillsbury Winthrop Shaw Pittman LLP on 12/31/2012

Companies that manufacture and sell products to Abu Dhabi’s state companies involved in power, water and petroleum may require their employees to access such facilities in order to provide installation, after-sales and...more

A Creative Approach to Resisting Shareholder Proposals Pays Dividends

by Kenneth A. Manning, John G. Schmidt Jr. | Phillips Lytle LLP on 12/24/2012

Phillips Lytle LLP’s securities practice recently brought its litigation experience to bear on behalf of a client – National Fuel Gas Company (“National Fuel”) – faced with a shareholder proposal, which the proponent sought...more

Insuring Your Business -- December 2012

by Richard H. Friedman, Michael R. Kelley | McNees Wallace & Nurick LLC on 12/13/2012

In This Issue: Insurance Coverage Related to Oil and Natural Gas Fracking; Finding Coverage For Fiduciary Liability Claims; and What’s the Difference Between an Insurance Certificate and an Additional...more

North Carolina Regulators Find Fault With Duke Energy’s Bait And Switch

by Kathleen Wailes | LEVICK on 12/13/2012

When Duke Energy first approached Progress Energy about a potential merger in early 2011, Duke CEO James E. Rogers assured Progress CEO William D. Johnson that he was willing to take the position of executive chairman and...more

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Business Organization › Energy & Utilities Law