Energy Sector

News & Analysis as of

ESMA Issues Public Statement on Collateralization of Bank Guarantees for Energy Derivatives

On November 19, the European Securities and Markets Authority (ESMA) issued a public statement (Public Statement) regarding its decision not to extend the current three year grace period which permits non-financial firms to...more

Truthiness and Truth Edition

Truthiness: A quality characterizing a “truth” that a person making an argument or assertion claims to know intuitively, “from the gut” or because it “feels right” without regard to evidence, logic, intellectual examination...more

Devo Deals - Sheffield, North East and Tees Valley Signed - Northern Powerhouse Series

We are beginning to see Devo Deals take shape - all subject to the outcome of the Autumn Spending Review, and the progress of the Cities and Local Government Devolution Bill (CLGD) through Parliament. Sheffield City Region's...more

Xcel Energy Reports 24 Community Solar Garden Projects are Beginning Construction

Xcel Energy filed its monthly report for the Community Solar Garden program with the Public Utilities Commission last week, revealing that 24 projects are moving to the beginning stages of construction....more

November 19, 2015 FERC Meeting – Energy Storage Panel

On November 19, 2015, the Federal Energy Regulatory Commission (FERC or the Commission) hosted an Energy Storage Panel discussion as part of its regular monthly Commission Meeting (Docket No. AD16-12-000). The Commission...more

Renewable Energy Update - November 2015 #4

Silver Lake nearly quadruples initial investment in SolarCity - Los Angeles Times: - Nov 18: Investment firm Silver Lake announced plans Wednesday to nearly quadruple the size of its initial stake in rooftop solar power...more

FERC Issues Annual Enforcement Report

The Annual Report provides information concerning the Office of Enforcement’s efforts in fiscal year 2015. On November 19, the Federal Energy Regulatory Commission’s (FERC’s or the Commission’s) Office of Enforcement...more

Alberta Announces Climate Leadership Plan

Yesterday, the Alberta government announced its Climate Leadership Plan (Plan) and released to the public the Climate Leadership Report to Minister (Report) it commissioned from the Climate Change Advisory Panel. While...more

FERC Likely to Look into PURPA Policies

Congress passed the Public Utility Regulatory Policies Act (PURPA) in 1978. It quickly proved controversial in practice, and remains so today. PURPA introduced competition to the electric industry by creating a market for...more

Maryland Public Service Commission Issues Draft Regulations Implementing Community Solar Pilot Program

On November 10, 2015, five months after Maryland Governor Larry Hogan approved a law creating a three-year pilot program for community solar projects in the state, the Public Service Commission (PSC or Commission) released...more

FERC, Congress Take Aim at Cybersecurity Risks in the Electric Utility Sector

In light of the potentially devastating economic losses that could result from a cybersecurity attack causing widespread power outages as well as continued concerns about the vulnerability of the nation's electric utility...more

EQT’s Lengthy Battle With the Pennsylvania Department of Environmental Protection Gets Its Day in State Supreme Court

On November 17, 2015, Pittsburgh-based energy company EQT Production Co. (“EQT”) presented its oral argument before the Pennsylvania Supreme Court, requesting it set aside a February 20, 2015, ruling of Commonwealth Court...more

Africa Update - November 2015 #3

Leading the News - Egypt: On November 12th, officials at the U.S. National Transportation Safety Board (NTSB) and the Federal Bureau of Investigation (FBI) noted while they had offered assistance to both Egyptian...more

Open Meeting Of The Biomass Research And Development Technical Advisory Committee Announced

On November 4, 2015, the U.S. Department of Energy (DOE) Office of Energy Efficiency and Renewable Energy announced an open meeting of the Biomass Research and Development Technical Advisory Committee. The meeting is intended...more

ACER seeks input for 2017 work programme

ACER has published a draft outline of its 2017 work programme to identify various tasks and deliverables for the year. It has the same central objectives as its 2016 work programme (see FReD 9 October). ...more

UPDATE: Texas RRC Agrees Earthquakes Not Caused by EnerVest, XTO Injection Wells

In a November 3 decision, the Texas Railroad Commission (RRC) agreed with an administrative law judge (ALJ) that two wastewater injection wells, one operated by EnerVest Operating LLC and the other by Exxon Mobil Corp....more

Political and Economic Conditions Shaping America’s Energy Future

America’s 10 year energy resurgence exhibits the difficulty of prediction. Unexpected global events, from the persistence of the U.S. fracking revolution to the impact (or lack thereof) of low natural gas prices on the...more

Reducing the Proportion of Nuclear Energy in France: The Legal Weaknesses of an Electoral Promise

As one of the main measures contributing to the creation of a new French energy model, the energy transition law of 17 August 2015, caps the proportion of electricity to be produced from nuclear plants....more

Energy-Related Legislation Moves Forward

A flurry of energy-related legislation moved forward over the past week, including several measures aimed at overturning controversial rules from the Environmental Protection Agency (EPA). While most will not become law –...more

Compliance with the Clean Air Act Increasingly Unlikely to Protect Companies from Nuisance Suits

A recent decision out of the Sixth Circuit found that the Clean Air Act (“CAA”) does not preempt common law claims brought against an emitter based on the law of the state in which the emitter operates. This decision, Merrick...more

Congressional Republicans Ask FERC to Rethink PURPA

On November 6, 2015, the chairmen of several congressional energy committees and subcommittees sent a letter to the Federal Energy Regulatory Commission (FERC or “Commission”) requesting that FERC convene a technical...more

Renewable Energy Update - November 2015 #2

Renewable Energy Focus - Carbon war erupts between states over Obama power plan - Bloomberg: - Nov 4: In the era of global climate change, the phrase “war between the states” has taken on a new dimension. An 18-state...more

Not Quite Left Out to Dry: Remedies Under International Investment Treaties Available to Renewable Energy Investors Harmed by...

In recent years, project developers, investment funds, and energy companies have invested heavily in renewable energy as a result of incentive programs offered in the legislation of countries such as Germany, Spain, and...more

Building a bulwark around the Clean Power Plan

On August 3, 2015, President Obama unveiled highly anticipated final Clean Air Act rules to address carbon dioxide emissions from new and existing power plants. Taken together, EPA’s rules represent the most aggressive action...more

Renewable Energy and Climate Change Update

International negotiations on climate change have been ramping up. It is looking increasingly likely that a new global treaty on climate change will be concluded by the end of the year in Paris. Based on the current state...more

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