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General Business Energy & Utilities

Read need-to-know updates, commentary, and analysis on General Business issues written by leading professionals.

Unit Operator Pays For a Problem of its Own Making

by Gray Reed & McGraw on

How many times must an operator suffer for a mistake in a unit declaration? Samson Exploration LLC v. T. S. Reed Properties Inc. makes it twice. (See Hooks v. Samson Lone Star for the first round). The Texas Supreme Court...more

How is Hurricane Season Impacting Your Supply Contracts?

The 2017 hurricane season has already had a significant impact, with Hurricanes Harvey and Irma causing billions of dollars of damage in Texas and Florida. And more hurricanes are likely on the way. ...more

DOMINICAN REPUBLIC—Update: Conditions for CDEEE-Related PPAs for Renewables

In our August 1, 2017 Cross Border Transactions Newsletter we informed about the announcement made by the Corporación Dominicana de Empresas Eléctricas Estatales (CDEEE) regarding several new conditions included in the Power...more

Africa Focus: Sub-Saharan African power projects - Credit support and enhancement

by White & Case LLP on

Counterparty credit risk continues to remain a key, often threshold concern for private sector sponsors and lenders to the majority of power projects in sub-Saharan Africa. Structuring power projects in an effort to overcome...more

Key Texas M&A Issues (Presentation)

by Jackson Walker on

Agenda - Letters of Intent - Best Efforts - Indemnification - Sandbagging - Non-Reliance - Fiduciary Duties - Letters of Intent: • Buyer may seek letter of intent that is generally not binding on either party...more

Lack of Quorum Costs East Kentucky Power Cooperative in PURPA Dispute

The Federal Energy Regulatory Commission (FERC or the “Commission”) recently restored its quorum with the swearing in of Commissioners Neil Chatterjee and Robert Powelson, but the casualties from the six-month, quorumless...more

Due Diligence for Energy and Commodity Asset Acquisitions: ‘Soft’ Commodities

by Reed Smith on

This alert focuses on mergers and acquisitions in the ‘soft’ commodities arena. It is the second in a series addressing issues commonly faced when undertaking M&A transactions in the energy and commodities sector. The...more

Resolving disputes arising out of supply chain disruption in Nigeria's oil and gas market

by Hogan Lovells on

In this hoganlovells.com interview, Hogan Lovells counsel Jerome Finnis discusses how disparate factors, such as force majeure events and changes in law, can provoke disruptions in Nigeria’s oil and gas supply chain. He also...more

Not So Fast—Your Oil and Gas Lease Primary Term May Be Longer Than You Thought

by Blank Rome LLP on

Energy Industry Update - Action Item: Oil and gas leases in Pennsylvania may have a primary term longer than that stated in the lease. The Superior Court has recognized that an argument can be made that time for notice and...more

International Trade Rules Can Help Unlock Business Opportunities for Cross-Border Electricity Project

by King & Spalding on

International trade rules can help solve problems in trading electricity across borders and unlock business opportunities in a cross-border electricity sector. Trade rules can dictate, for example, the highest tariff that a...more

The Impact of Force Majeure on the Oil and Gas Supply Chain

by King & Spalding on

Supply chain interruption caused by Hurricane Harvey - Early indications are that shut down and curtailment of Gulf Coast oil and gas infrastructure caused by Hurricane Harvey, from Friday, August 25th (landfall) through...more

Case Note on MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another – [2017] UKSC 59

by King & Spalding on

On 3 August 2017, the Supreme Court of England and Wales handed down its decision in the case of MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited and another – [2017] UKSC 59, finding in favour of the...more

The Shift Away from Take-or-Pay Contracts in LNG

by King & Spalding on

The Japan Fair Trade Commission (the “JFTC”) recently undertook a survey to review destination restriction clauses in contracts for the sale and purchase of liquefied natural gas (“LNG”). Included at the end of the JFTC’s...more

Informal Description Dooms Oil and Gas Leases

by Gray Reed & McGraw on

Conoco Phillips Company v. Ramirez et al is a helpful reminder when preparing a document transferring title: “Family vernacular” is a great way to communicate in wedding toasts and funeral eulogies, not so much in land...more

Did You Know You’re an Escrow Agent?

by Locke Lord LLP on

Many purchase/sale transactions require payments into escrow. Sometimes counsel for one of the parties acts as escrow agent to keep the fees down. Providing such a service has its risks. In Alexander O&G, LLC v. Nomad...more

Payments Clause in City Contract Deemed Unconstitutional When it Suspends the City’s Ability to Tax

by Low, Ball & Lynch on

Russell City Energy Co. LLC v. City of Hayward - Court of Appeal, First District (August 7, 2017) - In Russell City Energy Co. LLC v. City of Hayward, the California Court of Appeals held that a payments clause in a...more

Frac Sand: U.S. District Court Addresses Whether Quarry Operation Commenced Within the Terms of the Mining Lease

A United States District Court addressed in an August 15th opinion a dispute between parties to a mining lease involving frac sand. See Pronschinske Trust v. Kaw Valley Companies, Inc.and KC Proppants, LLC, 2017 WL 3498712...more

Harvey and Climate Change, and Consideration of a Retained Acreage Clause

by Gray Reed & McGraw on

You’ve seen the headlines. The portrait is complete; the verdict is in; the clock has run down to zero. The devastation of Harvey is “unprecedented” and it’s all because of climate change. That’s not necessarily so, thanks...more

Identifying and Addressing Environmental Issues in Petroleum Marketing Agreements (“Presentation”)

The Arkansas Oil Marketers Association Environmental Workshop was held on August 30th in Little Rock. I undertook a presentation titled: Identifying and Addressing Environmental Issues in Petroleum Marketing...more

Harvey's Impact on U.S. Fuel Supply Chains May Trigger Jones Act Waiver Request - Process Cumbersome for Storm-Related Waivers,...

by Holland & Knight LLP on

• A disruption of refinery operations and ocean shipping on the U.S. Gulf Coast in the wake of Hurricane Harvey may spur oil industry requests for a waiver of the Jones Act to permit non-U.S. vessels to move crude oil and...more

FERC and American Transmission Company Settle on $205,000 Penalty for Violations of Sections 203 and 205 of the Federal Power Act

On August 28, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) approved a Stipulation and Consent Agreement between FERC’s Office of Enforcement (OE) and American Transmission Company, LLC (ATC) to...more

FRANCHISEE 101: Squeezed at the Pump

by Lewitt Hackman on

Most dealership and franchise agreements require the franchisor's prior written consent to the transfer of a business from one franchisee to another. The new franchisee is often required to sign the franchisor's then-current...more

A New Day for Louisiana Oil and Gas Lenders?

by Gray Reed & McGraw on

Lenders to Louisiana operators are likely to be reconsidering their business practices in light of Gloria’s Ranch v. Tauren et al. A rather ordinary lease termination suit resulted in the lender Wells Fargo being...more

Federal Court Finds A Continuing Duty Under Louisiana Law To Prevent The Erosion of Pipeline Canals

by Liskow & Lewis on

A recent decision from the Eastern District of Louisiana provides a mixed bag for pipeline companies or others whose operations involve canals. Significantly, the decision from Judge Milazzo holds that during the existence...more

Is your tenure valid?

by DLA Piper on

The High Court's decision in Forrest & Forrest Pty Ltd v Wilson & Ors [2017] HCA 30 has confirmed the importance of strict compliance with the provisions of the Mining Act 1978 (WA) (Mining Act) when applying for the grant of...more

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