Wholesale

News & Analysis as of

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

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

Energy Storage: Finding New Home with FERC Policy Statement and Notice of Proposed Rulemaking

The Federal Energy Regulatory Commission (FERC) has taken steps over the past few months to address integration of electric storage into the market. In November 2016, FERC issued a Notice of Proposed Rulemaking (NOPR) to...more

Supreme Court Declines to Hear Seventh Circuit Case Holding That Bulk Packaging Does Not Constitute a Promotional Service Under...

In March of last year, we covered oral argument before the Seventh Circuit in Woodman’s Food Market, Inc. v. Clorox Co. No. 15-3001. We commented that the three-judge panel hearing the case seemed skeptical of the plaintiff’s...more

CAISO Urges Flexibility and Coordination to Advance Distributed Energy Resource Aggregations at FERC

As previously covered by K&L Gates’ Global Power Law and Policy blog, on November 17, 2016, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) to remove barriers so that electric...more

Mexico Ministry of Energy Revises Dates for CENACE's Operation of Wholesale Power Market

The main objective of Mexico's Energy Reform of 2013 was to open activities of the Power Market to private investors. Mexico's Ministry of Energy, or Secretaría de Energía (SENER), is in charge of reorganizing the Federal...more

Can Electric Storage Resources Collect Both Cost-Based and Market-Based Revenue?

The short answer is: yes, with a few caveats. On January 19, 2017, the Federal Energy Regulatory Commission (“FERC”) issued a policy statement that, under appropriate circumstances, electric storage resources may...more

FERC Issues Policy Statement on Cost Recovery for Electric Storage Resources, But the Devil Will Be in the “Implementation...

Last week, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued a Policy Statement to provide guidance for electric storage resource owners and operators that may seek to receive cost-based rate...more

FERC Issues Policy Statement on Storage Resources with Multiple Payment Streams

Last week, the Federal Energy Regulatory Commission (FERC) issued a Policy Statement to provide guidance on the ability of electric storage resources to recover costs through both cost-based and market-based rates...more

The Planogram – The Future of Bad Beer

The recent rush of brewery mergers follows a much longer trend of consolidation of the wholesale tier. State beer franchise laws, like ones in Pennsylvania, promote these wholesale consolidations, but that’s another story...more

FERC Proposes Rule to Open Up Wholesale Markets to Energy Storage and Distributed Energy Resource Aggregations

On November 30, 2016, the Federal Energy Regulatory Commission (FERC) published a proposed rule in the Federal Register that would allow energy storage and distributed energy resource aggregations to participate in organized...more

Transient Occupancy (Hotel) Taxes May be Limited by Ruling

California public agencies that impose transient occupancy (hotel) taxes may be limited in the tax they can collect from online transactions. The California Supreme Court on Monday ruled that TOT are limited to the...more

FERC Proposes New Market Rules to Better Integrate Energy Storage and Distributed Resources into Organized Markets

On November 17, 2016, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking seeking comments on its proposal to remove barriers to the participation of electric storage resources and...more

FERC Proposes Rules on Electric Storage and Distributed Energy Resource Participation in Organized Wholesale Power Markets,...

FERC issued a proposed rule last week that has the potential to blaze a path forward for electric storage and distributed energy resources in organized wholesale electricity markets. It also released its annual enforcement...more

FERC Proposes to Integrate Electric Storage into Organized Markets

The proposed rule recognizes the physical and operational characteristics of electric storage resources and distributed energy resource aggregators and removes barriers to their participation in organized wholesale electric...more

FERC Proposes Adding Electric Storage and Distributed Energy Resources to the Wholesale Electric Market

On November 17, 2016, the Federal Energy Regulatory Commission (FERC or the Commission) issued a Notice of Proposed Rulemaking (NOPR) on electric storage and distributed energy resources, Docket Nos. RM 16-23-000;...more

House and Senate Pass HB-1196 – More Than Just a Fix-It Bill to Act 39

Late last night, the House and Senate passed 1196, touted as a fix-it bill to Act 39 which was the largest single piece of Liquor Code reform since Prohibition. As I have detailed in many releases, Act 39 provided many new...more

Failure to Report Uplift Payments, Capacity Sales, Corrective Action Taken, Highlight FERC EQR Audit

The Federal Energy Regulatory Commission’s (FERC) recent audit of a company participating in numerous wholesale power markets highlights errors that can occur with electronic quarterly reports as well as the actions suggested...more

European Commission gives preliminary views on competition issues in e-commerce

On 15 September the European Commission published its Preliminary Report on the E-commerce Sector Inquiry. The Commission has conducted a wide ranging survey of manufacturers, distributors and retailers, price comparison...more

International Task Force to Review Cyber Security of Wholesale Payments

The Bank for International Settlements' Committee on Payments and Market Infrastructures announced that it had established a task force to review the security of wholesale payments that involve banks, financial market...more

FDA Holding its First Public Meeting on Drug Product Identification Requirements in October

Last week FDA published a notice of public meeting and a request for comments regarding certain aspects of the Drug Supply Chain Security Act (DSCSA). The meeting will take place on October 14, 2016 at the Agency’s campus in...more

Package Size Is Not a “Service” Under Section 2(e) of the Robinson-Patman Act, Says Seventh Circuit in Clorox

On August 12, the Seventh Circuit issued its decision in Woodman’s Food Market v. Clorox Co., an appeal that we have been watching closely. The Seventh Circuit’s ruling, which held that product package size is not a...more

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