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Energy Sector Energy Contracts

Troutman Pepper

Energy Contracting and the Hidden Power of the Force Majeure Clause - Energy Law Insights

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The energy sector is currently undergoing seismic change and with that change comes tremendous opportunity. Our energy video series, which features nationally recognized Troutman Pepper partners as they discuss a vast array...more

Oliva Gibbs LLP

Arbitration Clauses In Energy Contracts – Pros and Cons

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Many contracts in the energy sector contain arbitrations clauses – some are mandatory, while others are optional. In recent years, arbitration has become a mainstay in resolving energy disputes, particularly because of the...more

Oliva Gibbs LLP

Do You Need an Arbitration Clause in Your Energy Contract? Pros and Cons

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Arbitration clauses are gaining prominence in energy contracts due to evolving industry issues and complexities. Explore some pros and cons to help make informed contract decisions for your business in this Oliva Gibbs case...more

Eversheds Sutherland (US) LLP

Eighth Circuit recognizes plain language of wholesale power contracts among electric cooperatives does not permit early...

The US Court of Appeals for the Eighth Circuit has recently confirmed the validity of term provisions in wholesale power contracts between generation and transmission cooperatives and their member distribution cooperatives....more

Morgan Lewis

Building Energy Contracts: Go Beyond Boilerplate

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The complex, heavily regulated, and often-volatile environment within which energy companies must operate can magnify the importance of contractual arrangements, and the severity of repercussions when those arrangements do...more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: Defining Change of Control Provisions Favorably

A change of control provision gives a party certain rights under a contract, such as the right to receive payment, require consent, or terminate the contract, in the event of a specified trigger. Triggers can relate to a...more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: The Importance of Carefully Crafting Disclosure Schedules

Care and diligence must be used when crafting disclosure schedules in merger and acquisition documents. Unclear or incomplete disclosure schedules can have drastic implications for future litigation. Poorly crafted disclosure...more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: Specificity in Arbitration Provisions, and Delegation of...

In energy contracts, there is a need for specificity in arbitration provisions, particularly in the delegation of arbitrability questions to the arbitrator. Because of the high stakes involved in contracts for energy...more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: The Game-Changing Difference of Choice of Law and Forum...

Choice of law and forum provisions are standard clauses often buried in the back of a contract, easily overlooked and frequently ignored. Although these provisions do not typically come up unless there is a dispute between...more

Morgan Lewis - Power & Pipes

Enforceability of Indemnification Provisions in Energy Contracts

Indemnity clauses are an integral tool used regularly in energy contracts and master service agreements. Indemnity is an obligation by one party to make another whole for a loss or damage, and indemnity clauses are useful...more

Morgan Lewis - Power & Pipes

Real-World Litigation Impacts of Contract Clauses in Energy Contracts: Enforceability of Indemnification Provisions

Indemnity clauses are an integral tool used regularly in energy contracts and master service agreements. Indemnity is an obligation by one party to make another party whole for a loss or damage that the other party has...more

Hogan Lovells

Fifth Circuit doubles down on right to reject filed-rate contracts, but with an exception

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The Fifth Circuit recently issued an opinion, Federal Energy Regulatory Commission v. Ultra Resources, Inc., in which it relied on and affirmed its prior 2004 decision — In re Mirant — and held that bankruptcy courts have the...more

Williams Mullen

[Webinar] Virginia Solar & Energy Storage 2022 Legislative Update - March 31st, 11:00 am - 11:30 am ET

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The Virginia General Assembly passed several important pieces of legislation affecting the solar and energy storage industry during its 2022 legislative session... join us on Thursday, March 31, from 11:00 – 11:30 am (ET) for...more

Holland & Knight LLP

Proyecto Resolución ANM adopción términos de referencia para Planes Gestión Social en Colombia

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La Agencia Nacional de Minería (ANM) en Colombia el pasado mes de diciembre de 2020 expidió el Proyecto de Resolución "por la cual se deroga la Resolución 406 del 28 de junio de 2019 y se modifica la Resolución 318 del 20 de...more

Troutman Pepper

Ninth Circuit Vacates FERC and Bankruptcy Court Orders, Avoiding Jurisdictional Dispute Over PPAs in Bankruptcy

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On October 7, 2020, the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) vacated, as moot, two FERC orders asserting concurrent jurisdiction to review the disposition of certain Pacific Gas & Electric...more

Troutman Pepper

First Circuit Affirms that Complaints About Gas Pipeline Capacity Hoarding in New England Are Barred by Filed Rate Doctrine,...

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On September 9, 2020, the United States Court of Appeals for the First Circuit (“First Circuit”) affirmed the United States District Court for the District of Massachusetts (“District Court”) dismissal of a lawsuit alleging...more

Vinson & Elkins LLP

[Webinar] Navigating Heightened Contractual Risk in an Economic Downturn - May 28th, 12:00 pm - 1:00 pm CT

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We’re excited to introduce Navigating, a new webcast series created to assist clients and friends of the firm in navigating the new normal – whether that be navigating through pandemic-related issues, new industry dynamics,...more

McAfee & Taft

COVID-19: Energy contracts and force majeure

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Although oil and gas companies were not required to suspend operations under Oklahoma Gov. Kevin Stitt’s Executive Memorandum of March 25, 2020, the spread of COVID-19 has presented previously unforeseen challenges to the...more

Akin Gump Strauss Hauer & Feld LLP

Practical Guide to Asian LNG Price Review

Part 1 - There are currently substantial commercial incentives for Asian buyers to seek price adjustments under their long-term LNG contracts. But whether an adjustment can be achieved at all, and if so the process and the...more

Holland & Knight LLP

Segunda subasta para proyectos de generación de energía eléctrica en Colombia

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El Ministerio de Minas y Energía oficializó el pasado 9 de julio el lanzamiento de la segunda subasta a largo plazo de energías renovables mediante la expedición de dos resoluciones así: • Resolución 04-0590, por la cual...more

Blank Rome LLP

In PG&E Bankruptcy, FERC Reasserts Concurrent Jurisdiction over the Disposition of Wholesale Power Contracts

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With the May 1 order, the Commission reaffirms its view that it has concurrent jurisdiction over debtors’ efforts to reject their FERC-jurisdictional contracts in bankruptcy. Further developments in judicial proceedings in...more

Verrill

MPUC Approves Term Sheet for Three Rivers Solar Power, LLC’s 100 MW Solar Project

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February 26, 2019, the Maine Public Utilities Commission approved a term sheet for a long-term contact for Three Rivers Solar Power, LLC’s 100 MW solar project. The Three Rivers Solar project will be located in Hancock...more

K&L Gates LLP

Distressed Solutions: Energy Bankruptcies and the Intersection of Contract Rejection and FERC

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We have seen an increase in energy companies filing for bankruptcy, and more may be on the horizon. This is a great time to review and discuss an interesting ruling in the FirstEnergy case regarding the intersection of...more

Holland & Knight LLP

Mexico's President-Elect Outlines New Administration's Energy Strategy

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Mexico's energy reform of 2013 opened both of the country's energy sectors: Oil and gas as well as electricity. As the industry moves to take advantage of the new market opportunities, a new administration is set to take over...more

Holland & Knight LLP

Mexico's National Hydrocarbons Commission Reschedules Oil Rounds and Farmouts

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• Mexico's new administration, led by President-Elect Andrés Manuel López Obrador, has promised to not rescind the energy reform of 2013, but to closely review the exploration and production (E&P) contracts already awarded to...more

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