News & Analysis as of

Energy Newsletter - October 2015

FERC Shares Best Practices for Stakeholder Outreach in Gas Project Permitting - The dramatic increase in domestic energy production over the past several years has resulted in the involvement of the Federal Energy...more

SENER Publishes Mexican Wholesale Electricity Market Protocols

In a major step toward the implementation of a modern and competitive wholesale electricity market in Mexico (the "Wholesale Market"), on September 8, 2015 the Secretaría de Energía ("SENER") published the first set of...more

CPUC Set to Tackle Net Metering Debate with New Distributed Generation Tariff

The California Public Utilities Commission (CPUC) could soon make big changes to how rooftop solar installations function in the state. Under Assembly Bill 327, enacted in 2013, the CPUC has until December 31, 2015 to...more

Distressed Download - October 2015

Recent EU Insolvency Regulation - The EC Regulations on Insolvency Proceedings (the "EIR") came into force throughout the European Union (the "EU") (except Denmark) on May 31, 2002 with the purpose of setting out the...more

Orrick's Financial Industry Week in Review

SEC Proposes to Amend Rules Governing Its Administrative Proceedings - On September 24, the U.S. Securities and Exchange Commission (the "SEC") proposed to amend rules governing its administrative proceedings. Key...more

Hudson Energy Denied Administrative Priority for Electricity Sold Pre-Bankruptcy

In a September 18, 2015 order, the U.S. District Court for the Southern District of New York affirmed a bankruptcy court order denying administrative claim treatment to Hudson Energy Services, LLC (“Hudson”) for its retail...more

FERC Seeks to Expand Electricity Market Surveillance with New Data Reporting Requirements

On September 17, 2015, the Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) to expand the obligations of Regional Transmission Organizations and Independent System Operators...more

Tax Review - September 2015

We are proud to present the next edition of our “Tax Review” which contains a selection of rulings and interpretations that had been issued or published in August 2015. We hope you will find the information provided here...more

To Aid Enforcement Issues, FERC Proposes Significant Expansion of Data Required from RTO and ISO Market Participants

On September 17, 2015, the Federal Energy Regulatory Commission (FERC) proposed to significantly expand the types and amount of data that regional transmission organizations (RTOs) and independent system operators (ISOs)...more

Pacific Northwest Utilities Seek Key FERC Declarations Regarding New Regional Market

Two weeks ago, a diverse group of electric industry entities in the Pacific Northwest filed a Petition for a Declaratory Order asking the Federal Energy Regulatory Commission (FERC) to decide issues raised by establishing a...more

Africa Update - September 2015 #3

Leading the News - Burkina Faso: On September 16th, elements of Burkina Faso’s military declared they were in control of the nation after presidential guards stormed a cabinet and seized President Michel Kafando,...more

NH regulation of solar PPAs, leases

If a solar energy company installs solar panels on its customers' roofs, and sells those customers the power they produce, will it be regulated like a public utility under state law? A petition by Vivint Solar, Inc. has...more

NH explores electric grid modernization

New Hampshire regulators are considering whether and how to modernize the state’s electric grid. In a recently opened investigation, the New Hampshire Public Utilities Commission seeks to educate stakeholders about grid...more

Pennsylvanians Penalized As Companies Are Forced To Waste Money Under Guise Of Energy Efficiency

Anyone who has paid an electric bill knows the importance of energy efficiency. Turn off the lights when you leave the room, install energy-saving light bulbs, keep the thermostat at a reasonable temperature: Every day,...more

Maine PUC considers community energy projects

The Maine Public Utilities Commission is evaluating the viability of proposed community-based renewable energy projects that remain under development. Maine has run a community-based renewable energy program since 2009. ...more

FERC Meeting Agenda Summary - September 2015

In this issue: • Electric Items • Miscellaneous • Gas Items • Hydro Items • Certificates Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s September 17, 2015...more

Reference prices of energy generated in RES installations in Poland

On 15 September 2015 the first draft of the regulation of the Ministry of Economy which sets reference prices of electricity generated from renewable energy sources (“RES”) was published. The regulation is an executive act to...more

9th Circuit Remands Two California Energy Crisis-Related Settlements for Reconsideration by FERC

On September 4, 2015, the U.S. Court of Appeals for the 9th Circuit issued an opinion remanding a series of Federal Energy Regulatory Commission (FERC) orders approving, with modifications, two settlements related to...more

Solar Power Fights Heat Up

The clash between residential solar companies and utilities continues to heat up in courts and public utility commissions. As solar technology continues to improve, more households are installing rooftop solar systems. ...more

Guidelines for Mexico's Wholesale Electricity Market

On September 8, 2015, Mexico’s Ministry of Energy (SENER) published the Electricity Market Guidelines (the “Guidelines”) in the Federal Official Gazette. The Guidelines define and specify rules and procedures for the...more

The Clean Power Plan May Revive Interest in Nuclear Generation in Some Regions

The dim prospects for nuclear-generated power in the United States may have received a glimmer of light from the Environmental Protection Agency's Clean Power Plan (CPP). Nuclear industry representatives are encouraged by...more

RETI 2.0: CEC and CPUC Plan for New Renewable Energy Transmission Initiative to Meet California’s Increasing Clean Energy...

As California begins to turn the page on the first chapter of its efforts to combat climate change through AB 32 and to prepare for greater emissions reductions over the coming decades, the California Energy Commission (CEC)...more

EPA’s Clean Power Plan: A Regional Analysis

EPA’s recently issued Clean Power Plan (“CPP” or “Plan”) affects every state differently. The Plan has a decidedly nationwide impact—reducing the United States’ power plant greenhouse gas emissions 32 percent by the year...more

FCA and Ofgem Question Adequacy of Commodity Firms’ Compliance and Market Abuse Controls

In the most recent edition of its regular market conduct and transaction reporting-focused ‘Market Watch’ publication, the UK Financial Conduct Authority (“FCA”) provides a review of commodities firms’ compliance and...more

Fifth Circuit Spurns Second and Tenth Circuits, Sides with Eighth and Ninth Circuits on Interpretation of MBTA “Take” Prohibition

Under the Migratory Bird Treaty Act (MBTA), it is unlawful to “pursue, hunt, take, capture, kill, attempt to take, capture, or kill . . . any migratory bird” protected by the Act. 16 U.S.C. 703(a) & 704(a). In a recent...more

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