Franchise Energy & Utilities

Read need-to-know updates, commentary, and analysis on Franchise issues written by leading professionals.
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NJ BPU Affirms OAL Decision Denying Municipality the Right to Compete in Existing Franchise Area

Update - In August 2013, the New Jersey Board of Public Utilities (the Board) issued an order affirming an initial decision of the New Jersey Office of Administrative Law (OAL), which estopped the Borough of Woodland...more

CPUC Rulemaking to Decide if Localities will be Shut Out of State Video Franchise Renewal Process - Opening Comments Must Be Filed...

The California Public Utilities Commission (CPUC) recently launched a proceeding to establish the rules that holders of state video franchises (such as Comcast, Time Warner Cable, Verizon, AT&T and others) must follow to...more

Intangible Expenses, Amazon & Solar Highlight Bills in Tennessee Legislature

Tennessee’s legislative session is in full swing, and based on the current pace of the session, legislators should finish their work during the first week of May, at the latest, and return to their districts for the November...more

Ninth Circuit Rules That Attorney Fees are Properly Awarded Under Petroleum Marketing Practices Act

In Chevron U.S.A. Inc. v. M&M Petroleum Services Inc., 2011 DJDAR 13854 (2011), the U.S. Court of Appeals for the Ninth Circuit decided a novel case involving the recovery of attorney fees under the Petroleum Marketing...more

PMPA Franchise Agreement Disavowing Plaintiff's Claim to an Exclusive Market and Geographic Territory Trumps Alleged Oral...

Partner v. ExxonMobil Oil Corp., 08-1590 (6th Cir. May 4, 2009) In 2000, plaintiff Partner & Partner, Inc. entered into a lease/franchise agreement with ExxonMobil to operate a Mobil-branded gasoline station. The lease...more

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