News & Analysis as of

Wholesale

U.S. Department of Energy Releases “Staff Report to the Secretary on Electricity Markets and Reliability”

On August 23, 2017, the Department of Energy (DOE) released its “Staff Report to the Secretary on Electricity Markets and Reliability,” which was commissioned by U.S. Secretary of Energy Rick Perry in April to provide an...more

Blog: California Governor Considers Drug Price Reporting Bill and Ban on Discounts and Rebates for Branded Pharmaceutical Products

by Cooley LLP on

The California State Legislature sent two new pharmaceutical pricing measures, S.B. 17 and A.B. 265, to Governor Jerry Brown on September 13th. S.B. 17 would impose new reporting requirements on pharmaceutical manufacturers...more

FDA Clarifies Trading Partners Under the DSCSA

by Reed Smith on

The Federal Food and Drug Administration (“FDA”) recently published a draft guidance to assist industry and State and local governments in understanding how to categorize entities in the drug supply chain in accordance with...more

DOE Report Offers Extensive Insight, but Limited Policy Suggestions

On August 23, 2017, the Department of Energy (DOE) released its Staff Report assessing the reliability and resilience of the electric grid. The highly anticipated report was commissioned in April 2017 by Secretary of Energy...more

DOE Issues Lon-Awaited Staff Report on Electricity Markets and Reliability

by Stinson Leonard Street on

The U.S. Department of Energy (DOE) released on August 23, 2017 its much anticipated Staff Report on electric grid resources. Secretary of Energy Rick Perry ordered DOE staff to complete the study some months ago to examine...more

“Drop Shipment” Sales Tax Rule Is Held Constitutional

In D & H Distributors, Inc. v. Commissioner of Revenue (July 31, 2017), the Massachusetts Supreme Judicial Court (SJC) upheld the imposition of sales tax against a wholesaler that delivered goods directly to consumers in...more

New York Federal District Court Decision Supports State’s Role in Furthering Clean Energy

by Holland & Knight LLP on

For the third time in the past month, a federal court has upheld a state program to pursue support for clean energy, including renewable energy certificates (RECs), and zero emission credits (ZECs) in New York and Illinois....more

Hearings This Week

by Kelley Drye & Warren LLP on

Senate Environment and Public Works Subcommittee on Clean Air and Nuclear Safety hearing on “Developing and Deploying Advanced Clean Energy Technologies.” Date: Tuesday, July 25, 10 a.m....more

New Maine Law Limits Manufacturer and Wholesaler Interactions with Health Care Professionals

by McDermott Will & Emery on

Maine recently amended its Pharmacy Practice Act to prevent licensed manufacturers or wholesalers and their agents from offering or giving certain gifts to practitioners. The bill’s sponsor tied the issue of gifts from...more

Ninth Circuit Concludes No First Amendment Issue with California Ban on Paid in-Store Alcohol Advertisements

by Reed Smith on

Last month, the Ninth Circuit, sitting en banc, upheld a California “tied house” law prohibiting manufacturers and wholesalers from providing anything of value to retailers in exchange for advertising their alcohol...more

TTB Guidelines for Advertising Alcoholic Beverages on Social Media

Social media has become one of the most powerful marketing tools for businesses, including alcoholic beverage industry members (e.g., brewers, distillers, wholesalers). In light of the prominence of social media advertising,...more

New Jersey Amends the Alcoholic Beverage Control Act to Address the Manufacture and Sale of Hard Cider and Mead – Part 2: Wineries...

In addition to creating the Cidery and meadery license (see Part 1 for a discussion of the privileges of that license), the recent amendments to the Alcoholic Beverage Control Act (“Act”) amended the definition of “wine” in...more

New Jersey Amends the Alcoholic Beverage Control Act to Address the Manufacture and Sale of Hard Cider and Mead – Part 1: The...

In recent years, a handful of companies have been manufacturing and selling cider and mead in New Jersey under a temporary authorization permit (“TAP”) issued under the NJ ABC Commissioner’s general powers. Those companies...more

FERC Invites Comments on State Energy Policy Technical Conference

On May 1 and 2, 2017, the Federal Energy Regulatory Commission (FERC or the “Commission”) held a technical conference to “discuss the interplay between state policy goals and the wholesale markets”1 operated by the three...more

Spanish Natural Gas Organized Wholesale Market: Completion of Regulatory Framework

by Hogan Lovells on

The regulatory framework governing the Spanish natural gas organized wholesale market was approved in 2015 and completed in 2016. The start of operations occurred on 16 December 2015, when the market operator created an...more

FERC Steps Up Efforts to Support Integration of Energy Storage Technologies Into Wholesale Power Markets

As momentum builds for wide-scale development and deployment of electric energy storage technologies, the Federal Energy Regulatory Commission (FERC) has been taking a fresh look at how it can facilitate the integration of...more

Carbon Pricing Update: All Eyes on FERC’s Upcoming Technical Conference as Eastern Grid Operators Seek to Harmonize Wholesale...

In our February update, we noted that ISO New England (ISO-NE) and New York Independent System Operator (NYISO) stakeholders continue to discuss carbon pricing as one potential solution to better align state and regional...more

UK: FCA General Insurance and Protection Sector Views 2017

by Hogan Lovells on

The FCA has outlined the current trends, risks and its overall assessment of the General Insurance sector in its 2017 Sector Views, published last week.  ...more

Mexico Issues Manual for Bilateral Power Transactions and Recording Coverage Agreements

by Holland & Knight LLP on

Mexico's Energy Reform of 2013 opened activities of the country's Power Market to private investors. Mexico is passing from a state-run power company, the Comisión Federal de Electricidad (CFE), to private investors and...more

Blog: Compliance Date for Drug Supply Chain’s Security Act’s Serialization and Verification Requirements Quickly Approaching

by Cooley LLP on

Manufacturers must begin to comply with the Drug Supply Chain Security Act (DSCSA) serialization and verification requirements on November 27, 2017 (Compliance Date). Serialization and verification are intended to enable...more

New Beer Reporting Requirement Form Released

With the passage of Act 166 of 2016, effective January 17, 2017, Pennsylvania licensed breweries must now report to the Pa.L.C.B. the volume of malt or brewed beverages sold at their premises to consumers and...more

Mexico's Ministry of Energy Issues Interconnection Manual for Small Capacity Plants

by Holland & Knight LLP on

Mexico's Energy Reform of 2013 opened activities of the country's power market to private investors. Before the reform, large-scale power generation was reserved to the state-run Comisión Federal de Electricidad (CFE), or to...more

FERC Schedules Technical Conference on the Interaction Between State Energy Policies and FERC-Regulated Wholesale Electricity...

On March 3, 2017, Federal Energy Regulatory Commission (FERC or the “Commission”) staff scheduled a technical conference to discuss the interaction between state energy policy priorities for generation resources and resource...more

PBI Presentation Recap: Key Features of Beer Distribution Agreements

Theodore J. Zeller III, a Member of Norris McLaughlin & Marcus, P.A., and Chair of its Liquor Law Department, recently presented on “Alcohol Distribution and Franchise Law” at the Pennsylvania Bar Institute’s Alcohol Law...more

New PA Beer Reporting Requirements Still Fluid

Under Act 166 of 2016, which became effective on January 17, 2017, breweries and wholesalers are required to report to the Pa.L.C.B. the volume of malt or brewed beverages sold either at wholesale or at retail on a monthly...more

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