Utilities Sector

News & Analysis as of

Commentors Disagree on FERC's Proposal to Change the Gas Day Start Time

Comments filed with the Federal Energy Regulatory Commission (FERC) in late November show that the natural gas and electric power industries continue to disagree fundamentally on FERC's proposal to promote greater...more

Unanimous Pennsylvania Commonwealth Court rules that the Supreme Court’s interpretation of Environmental Rights Amendment in...

The Pennsylvania Commonwealth Court ruled on January 7, 2015 that the Supreme Court’s interpretation of the Environmental Rights Amendment in Robinson Township, which was backed by only three justices, is nonbinding. The...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

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

Charging Forward: California PUC Expands Utility Role in EV Charging Infrastructure Deployment

Yesterday, in a final decision that has not yet been issued, the California Public Utilities Commission (CPUC) overturned its blanket prohibition on utility ownership of electric vehicle (EV) service equipment (such as EV...more

Minnesota Stakes its Claim as a National Leader on Energy Regulatory Reform with Release of e21 Report

Today marks the release of the highly anticipated report from the Minnesota e21 Initiative (e21 stands for 21st Century Energy System). The Great Plains Institute assembled a diverse range of stakeholders, including...more

Summary of FERC Meeting Agenda - December 2014

In This Issue: - Administrative Items - Electric Items - Gas Items - Hydro Item - Certificate Items - Excerpt from Electric Items: E-2: PJM Interconnection, L.L.C.; Midcontinent Independent...more

Illinois Supreme Court Agrees to Decide FutureGen Clean Coal Dispute

In the closing days of its November term, the Illinois Supreme Court agreed to decide an issue of potentially enormous consequence to a major Illinois utility, agreeing to review an order of the Illinois Commerce Commission...more

Class Actions Can Strain Retail Electric Providers

In August 2014, a putative class action suit was brought against Ambit Energy Holdings LLC, Ambit Texas, LLC, Ambit Northeast LLC, and Ambit New York, LLC (collectively, “Ambit”) in New Jersey federal district court. Class...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

ML Strategies Energy and Environment Update: Week of 12/8/2014

ENERGY AND CLIMATE DEBATE - The House and Senate are in session for just a few more days prior to adjourning the 113th Congress. Remaining issues to address during the lame duck include the hybrid omnibus-continuing...more

NextEra Acquires Hawaiian Utility for $4.3 Billion

NextEra recently acquired Hawaiian Electric Industries (“HEI”) in a transaction valued at $4.3 billion, subject to Hawaii Public Utilities Commission approval and approval by HEI shareholders. HEI shareholders will receive a...more

Energy and information technology: An upcoming wedding where data is at the heart of power

Nowadays, the European energy world is facing a revolution. European utilities have underperformed the broader European equity market by 80 per cent since the start of 2009. They are all trying to transform themselves from...more

5th Circuit Denies Louisiana Public Service Commission’s Petition for Review of FERC’s Entergy Bandwidth Implementation Orders

On November 14, 2014, the U.S. Court of Appeals for the 5th Circuit denied the Louisiana Public Service Commission’s (LPSC) petition for review of various Federal Energy Regulatory Commission (FERC) orders on the...more

Managing a FERC audit

What happens when the Federal Energy Regulatory Commission audits a public utility? The Federal Energy Regulatory Commission has jurisdiction over interstate transmission of electricity, natural gas, and oil, as well...more

Illinois Supreme Court Holds Circuit Court Lacks Jurisdiction over Whistleblower Rate Challenge

State of Illinois ex rel. Pusateri v. The Peoples Gas Light and Coke Company presented an important question for the utilities bar: do the Circuit Courts have jurisdiction to order rate refunds on the grounds that the utility...more

Report: New England electric sector will face gas supply deficit

A recently released report on the adequacy of New England’s natural gas pipeline infrastructure has identified the potential for shortfalls in gas supply to electric generators through 2020. The November 20, 2014 report,...more

Illinois Supreme Court Debates Scope of Whistleblower Statute

During the September term, the Illinois Supreme Court debated an important question about the scope of the state Whistleblower Act: does a plaintiff state a claim under the statute by alleging that the defendant falsified...more

Summary of FERC Meeting Agenda - November 2014

In This Issue: - Administrative Items - Electric Items - Gas Items - Hydro Items - Excerpt from Hydro Items: H-1: Hydraco Power, Inc. and Warren David Long (Docket No. P-12588-010) - On...more

Cyber Risks Facing Businesses Today  [Video]

Wylie Donald, a partner in the Insurance Coverage group at McCarter & English, counsels and litigates on insurance coverage and environmental matters. In this video, Wylie discusses the need to be proactive when it comes to...more

SCE Selects Suppliers for 261 MW in Energy Storage

Southern California Edison (SCE) announced the suppliers and projects it has selected for the largest grid-connected energy storage purchase in U.S. history. This energy storage procurement is more than five times greater...more

FERC Revokes MBR Authorization of 26 Suppliers for Delinquent EQRs

On October 30, 2014, the Federal Energy Commission issued an order revoking the market-based rate (“MBR”) authorization of twenty-six (26) retail suppliers for failure to timely file Electric Quarterly Reports (“EQRs”)....more

BPT Not Prohibited on Freight Brokerage Services

A divided panel of the Commonwealth Court held that a city was not prohibited from imposing its Business Privilege Tax on the gross receipts of a freight broker. S & H Transport, Inc. v. City of York, No. 165 C. D. 2014 (Pa....more

Distributed generation is growing

Customer-sited generation is growing in the U.S. A look at some of the distributed generation projects that came online in September 2014 shows that universities and institutions are developing projects powered by natural...more

Value of distributed solar energy

What is the value of distributed solar photovoltaic electric generation? An investigation by the Maine Public Utilities Commission into this question is ongoing, and will culminate in a report to the state legislature this...more

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