Washington Energy Update - October/November 2012

In This Issue:

- When Energy and Antitrust Worlds Collide — Sixth Circuit Rules That Filed-Rate Doctrine Did Not Bar Price Discrimination Claim Against Electric Utility

- California Cap-and-Trade Scheme

- EQR Renovation: FERC Changes Scope, Content and Filing Procedures for Electronic Quarterly Reports

- ITC Issues Affirmative Final AD/CVD Determinations for Chinese Solar Cells

- Excerpt from California Cap-and-Trade Scheme:

On November 14, the first auction of California Cap-and-Trade Program Greenhouse Gas Allowances (“GHG Allowances”) was held, effectively kicking off California’s Cap-and-Trade Program (the “Program”). The Program, which was approved by the California Air Resources Board in December 2010 and which is authorized by California’s Global Warming Solutions Act of 2006 (known as AB 32), was originally scheduled to come into effect on January 1, 2012. AB 32 required CARB to prepare a scoping plan (the “Scoping Plan”) to reduce greenhouse gas emissions to 1990 levels by the end of 2020. The Program’s original start date was delayed due to litigation around the Scoping Plan earlier this year which put the implementation of the Program on hold. However, in June of this year, the California First District Court of Appeal ruled in favor of CARB and upheld its Scoping Plan. A ruling against CARB could have forced it to revise the Scoping Plan and freeze implementation of the Program. Following the resolution of the litigation, implementation of the Program resumed, and it will now become effective on January 1, 2013.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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