News & Analysis as of

Private Utility

Payments Clause in City Contract Deemed Unconstitutional When it Suspends the City’s Ability to Tax

by Low, Ball & Lynch on

Russell City Energy Co. LLC v. City of Hayward - Court of Appeal, First District (August 7, 2017) - In Russell City Energy Co. LLC v. City of Hayward, the California Court of Appeals held that a payments clause in a...more

California Lawmakers Introduce Clean Peak Standard Legislation

by Stoel Rives LLP on

Two new bills, similar in concept but differing in approach, seek to align renewable energy output with peak electricity demand. Currently, the California Renewable Portfolio Standard (RPS) requires investor-owned utilities...more

Quicksands and Cutting Edges of the Law: Do Municipal Utility Customers possess Due Process and Vested Rights to Continued...

Sometimes, I read a court’s opinion and put it aside because it is thought provoking beyond its facts and outcome. The case of United States Cold Storage, Inc. v. Town of Warsaw, __ N.C. App. ___, 784 S.E. 2d 575 (April 5,...more

FERC Finalizes Hold-Harmless Policy and Strikes the Most Problematic Proposals

by Morgan Lewis on

FERC guidance clarifies the scope of the hold-harmless commitments offered in electric utility mergers and acquisitions, but discards its initial proposal to make those commitments open-ended. On May 19, the Federal...more

CFTC Proposes Dodd-Frank Relief to Certain Energy Industry Contracts

by Morgan Lewis on

The proposal furthers an ongoing effort to minimize Dodd-Frank burdens on commercial end users. On April 4, the US Commodity Futures Trading Commission (CFTC) issued an order proposing guidance about the Dodd-Frank...more

Public Utility Companies Look to Gobble up Municipal Systems through Private Sales

Large privately held, publicly regulated utility companies with a focus on rapid growth and expansion throughout the Commonwealth have a new target - municipally owned water and wastewater systems. Pennsylvania legislation...more

Utah PSC Compromises, Reduces Maximum PPA Contract Terms under PURPA to 15 Years

by Stoel Rives LLP on

The Utah Public Service Commission (PSC) issued its decision today on PacifiCorp’s request to shorten the maximum term of power purchase agreements (PPAs) with qualifying facilities (QFs) from 20 years to three years. The...more

California Environmental Law & Policy Update - December 2015 #2

by Allen Matkins on

Environmental and Policy Focus - U.S. Supreme Court to determine whether landowners can challenge federal Water Act jurisdiction through pre-enforcement review - Reuters - - Dec 11 The U.S. Supreme Court on...more

Are CCAA Proceedings a Panacea for Assignment or Novation Without Consent?

by Bennett Jones LLP on

A purported assignment of a contract without consent and an alleged novation were ineffective, the BC Court of Appeal recently held in Barafield Realty Ltd. v. Just Energy (B.C.) Limited Partnership, 2015 BCCA 421 [Barafield]...more

Red Notice Newsletter - October 2015

Welcome to the October 2015 edition of Red Notice, a publication of Akin Gump Strauss Hauer & Feld LLP. This month on the anticorruption front, a Japanese multinational conglomerate settles U.S. Securities and Exchange...more

Tax Law Alert: Oregon Rulemaking Would Tax Electricity and Gas Sales by Non-Utilities Differently

by Stoel Rives LLP on

The Oregon Department of Revenue is considering rulemaking that would affect whether sales to a “contracted point of delivery” in Oregon are taxed by Oregon vs. another state. “Public utilities” would continue to measure...more

Planning for the Future and Knowing the Past

Planning is words on a page and lines on a map. It is not reality, but a projection of the future. And the future is uncertain – just ask those who predict when the Federal Reserve will raise interest rates. ...more

Limits on the Implied Duty of Good Faith and Fair Dealing

In Tug Hill Construction Inc., the Armed Services Board of Contract Appeals (“Board”) recognized the limits of the implied duty of good faith and fair dealing. In this case, the government entered into a firm, fixed-price...more

FERC approves Iberdrola-UIL merger

by PretiFlaherty on

Federal utility regulators have issued an order authorizing transactions the merger of utilities affiliated with Iberdrola, S.A. and UIL Holding Corporation. Iberdrola is a Spanish-owned utility holding company, owning...more

Update on Two Recent California Eminent Domain Cases

by Nossaman LLP on

I wanted to provide a quick update on two recent cases from the California Court of Appeal. The first, Golden State Water Company v. Casitas Municipal Water District (April 14, 2015), involves what appears to be an...more

Mello-Roos May Be Used to Fund Condemnation Action of Private Utility Provider

by Nossaman LLP on

Those of us living in newer neighborhoods are familiar with Mello-Roos – it shows up on our annual tax bills as a way to pay off bonds issued to finance various public improvements, such as schools, streets, and parks that...more

MN PUC Approves First Minnesota Multiyear Plan, But Work Remains on Implementation

by Stoel Rives LLP on

Yesterday, the Minnesota Public Utilities Commission (the “Commission”) met to address the first general rate case filed under section 216B.16 subd. 19 of the Minnesota Statutes. Northern States Power Company, a Minnesota...more

Businesses Should Review Terms of Energy Supply Contracts

Now is the time to determine if your business is vulnerable to price swings for electricity and natural gas supply due to the volatility of the wholesale market. With cold winter months ahead, money-saving options may be...more

The D.C. Circuit Remands FERC Order Denying Refunds for Changes to Cost Allocation

On December 5, 2014, the United States Court of Appeals for the D.C. Circuit remanded an order of the Federal Energy Regulatory Commission (FERC) denying refunds to certain Louisiana-based utility companies for rates that...more

Breaking News: America’s Next Energy Hub - Philadelphia Dealt a Major Setback

In 2012, the city of Philadelphia announced plans to privatize the Philadelphia Gas Works ("PGW"). PGW is the nation’s largest municipality-owned natural gas utility with more than 6,000 miles of gas mains and service pipes...more

Southern California Edison Launches RFO for Distributed Generation in Orange County

On November 20, 2014, Southern California Edison (SCE) launched its Renewable Distributed Generation Preferred Resources Pilot (PRP RFO) for Eligible Renewable Resources (ERRs) in central Orange County. The PRP RFO will be...more

NYC Pension Fund Submits 75 Proxy Access Proposals

New York City Comptroller Scott M. Stringer, on behalf of the $160 billion New York City Pension Funds, has submitted proxy access shareowner proposals to 75 companies. The proposals request a bylaw to give shareowners who...more

Bankruptcy Courts Fail to Enlighten on Electricity as Goods or Services

by McDermott Will & Emery on

Is electricity goods or services? That seemingly simple yet confounding question is illustrated by three recent bankruptcy cases (all of which consider whether an electricity provider is entitled to an administrative expense...more

Missoula, MT and Apple Valley, CA Team Up for Water Fight

by Nossaman LLP on

In what might appear as a strange pairing, the city of Missoula, Montana and Apple Valley, California are collaborating on how to take back their local water systems. As reported by the Missoulian, the water systems for both...more

Consumers Energy Natural Gas Plant Approval Case Gets Started

by Varnum LLP on

The first hearing in Case U-17429 at the Michigan Public Service Commission regarding the application of Consumers Energy to build a 700 megawatt gas-fired power plant took place on August 19....more

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