Duke Energy

News & Analysis as of

Electric Utility Securitizations—Plant Closings

Given the significant number of nuclear plants (approaching 20) and coal-fired plants (approaching 400) that have been recently closed or designated for closing, or are at risk of closing, utilities not already considering...more

Environmental Notes - February 2016

The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more

Case Law Updates

Clean Water Act - In last month’s edition of Environmental Notes, we discussed the potential impact of two recent federal district court decisions finding that a citizen suit under the Clean Water Act (CWA) could be...more

Renewable Energy Update - Decemeber 2015 #2

Renewable Energy Focus - Representatives introduce Clean Energy Victory Bonds Act of 2015 - North American Windpower - - Dec 4 U.S. Representatives Zoe Lofgren, D-Calif., and Doris Matsui, D-Calif., have...more

Update from Wilson Elser’s D&O Insurance Digest

Litigation Developments and Mega Settlements - Dole Food, Inc. Derivative Action – Delaware Chancery Court Finds D&Os Engaged in Fraud - Dole Food, Inc. shareholders sued Dole Chairman and CEO David Murdock and Dole...more

Corporate Wrongdoing: More Civil and Criminal Liability for Individuals?

The US Department of Justice has issued a memorandum to all of its prosecuting Divisions, directing changes to the principles applied by DOJ in prosecuting civilly or criminally individuals who engage in corporate misconduct....more

NC Legislative Update for September 2015

This Week - There was little action taking place in public this week at the North Carolina General Assembly. Both chambers kept relatively sparse calendars and neither chamber held any Committee meetings. The low...more

Renewable Energy Update - July 2015 #4

Renewable Energy Focus - SunPower buys Infigen’s 1.5-gigawatt U.S. solar power pipeline: Bloomberg - Jul 27 - SunPower Corp., the second-biggest U.S. solar manufacturer, bought 1.5 gigawatts of projects under...more

County Waited Too Long to Assess

In Duke Energy Fayette II, LLC v. Fayette County Board of Assessment Appeals, No. 1406 C.D. 2014 (May 28, 2015), the Court found that the Fayette County Board of Assessment Appeals conducted an impermissible spot reassessment...more

Summary of FERC Meeting Agenda - June 2015

In This Issue: - Administrative Items - Electric Items - Hydro Items - Certificate Items - Excerpt from Certificate Items: C-1: Natural Gas Pipeline Company of America, LLC (Docket No....more

Spot Assessment Stricken

A divided panel of The Commonwealth Court of Pennsylvania held that a reassessment of property upon the expiration of a KOZ abatement was an unlawful spot assessment. Duke Energy Fayette II, LLC v. Fayette County Board of...more

Proxy Access – Week of May 10 – The Trend is Clear

During the week of May 10, 2015, 8-Ks were filed that disclosed 11 shareholder sponsored proxy access proposals passed and one failed. All required three percent ownership for three years and all were opposed by the company...more

NC Legislative Update for April 2015 #3

This Week - The legislature wrapped up a whirlwind week ahead of next Thursday’s April 30th “Crossover” deadline. Crossover is the date by which a bill must pass out of its originating chamber in order to remain eligible...more

FCC Enforcement Bureau Stays Pole Attachment Complaint Proceeding Pending Completion of Arbitration

In a March 16, 2015 Letter Ruling, the Market Disputes Resolution Division of the FCC’s Enforcement Bureau granted a request by Duke Energy Carolinas, LLC (“Duke”) for a stay in a pole attachment complaint proceeding brought...more

Summary of FERC Meeting Agenda - January 2015

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 22, 2015 meeting, pursuant to the agenda as issued on January 15, 2015. Agenda items E-6 and E-19 have not been summarized...more

Turning Your Rooftop Into Profitable GLA

Commercial property owners tend to be diligent in their efforts to maximize leasing revenue. And yet there is a novel way to bolster GLA that relatively few landlords have fully explored—namely, leasing rooftops to utilities...more

The Shale Play Today - October 2014

In This Issue: - West Virginia Aboveground Storage Tank Act Interpretive Rule Filed and Emergency Rule Out for Comment: The Aboveground Storage Tank Act was enacted in response to the January 9, 2014 spill that...more

Summary of FERC Meeting Agenda - June 2014

In This Issue: - Administrative Items - Electric Items - Miscellaneous Item - Gas Items - Hydro Items - Certificate Items Excerpt from Electric Items: E-3: Duke Energy Carolinas, LLC and...more

Business Court Dismisses Derivative Action Against Duke Energy

You might remember the derivative action filed against the board of directors of Duke Energy Corporation stemming from its 2012 merger with Progress Energy. It received a lot of publicity. The merger was concluded long ago,...more

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