Fashion Counsel: Pricing Strategies and Antitrust Considerations
Pricing Strategies and Antitrust Considerations
From Business Viability and Cashflow Analysis to First Payment Rights — Restructuring and Bankruptcy Considerations for the Food, Beverage and Agribusiness Industry
Regulatory developments include FERC’s orders on electric storage resources participating in the wholesale markets, qualifying facility eligibility, and reliability rules for inverter-based resources....more
In February 2021, Winter Storm Uri hit Texas, causing a sharp spike in electricity demand that could not be satisfied by available generation resources, resulting in statewide blackouts. Commercial and industrial as well as...more
REMIT is Regulation (EU) No 1227/2011 on wholesale energy market integrity and transparency which has been in force since 28 December 2011. Its purpose is to support open and fair competition in the European wholesale...more
On Friday, March 17, 2023, the Third Court of Appeals issued an Opinion in an appeal brought by Luminant Energy Company and aligned intervenors, and reversed the Texas PUC’s February 15 and 16, 2021 Orders setting the price...more
Wholesale electricity markets were developed decades ago for a world of centralised supply and cheap gas. Today the landscape is much more diverse – so the model must be redesigned....more
On July 28, 2022, FERC issued a show cause order indicating that several regional transmission organization (“RTO”) and independent system operator (“ISO”) tariffs appear to be unjust and unreasonable because they lack...more
The Federal Energy Regulatory Commission (FERC) issued a Notice of Proposed Rulemaking (NOPR) on July 28, 2022, that would permit regional transmission organizations (RTO) and independent system operators (ISO) to share among...more
On April 21, 2022, FERC directed each RTO/ISO to submit information related to their wholesale markets, including how changing resource mixes and load profiles are affecting system needs. FERC stated it will review the...more
In September of 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 2222, requiring Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”) to adopt rules...more
A common question for commercial and industrial (C&I) offtakers is why there’s a covenant that the Project Company must sell all of the power it is financially settling with the C&I customer into the wholesale market. A...more
On February 1, 2022, PJM Interconnection, L.L.C., submitted a compliance filing (Filing) in response to Order No. 22221 of the Federal Energy Regulatory Commission (FERC). That order removed barriers to participation by...more
On February 17, 2022, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on whether using “dynamic line ratings” (DLR) for electric transmission lines is necessary for just and reasonable...more
On September 17, 2020, the Federal Energy Regulatory Commission (FERC) issued a rule, Order 2222, calling for tariff changes to permit the aggregation of distributed energy resources (DERs) in wholesale markets. In a unique...more
Starting this fall, the Federal Energy Regulatory Commission (FERC) will implement new rules affecting wholesale electricity sellers that have obtained (or will obtain) market-based rate (MBR) authority from the Commission....more
On June 17, 2021, FERC set aside its previous decision in Order No. 2222-A that allowed state regulatory authorities to prohibit demand response resources from participating in distributed energy resource (“DER”) aggregations...more
El pasado 24 de mayo, la Comisión de Regulación de Energía y Gas (CREG) de Colombia expidió la Circular No. 031 de 2021, a través de la cual publicó para comentarios el Documento 049 de 2021 – "Análisis de la Comercialización...more
On April 15, 2021, FERC issued a long-awaited policy statement providing guidance on incorporating state-determined carbon pricing into organized markets operated by Regional Transmission Organizations (“RTOs”) and...more
On March 18, 2021, FERC issued Order No. 2222-A, setting aside its finding in Order No. 2222 that demand response resource participation in heterogeneous distributed energy resource (“DER”) aggregations are subject to the...more
Background - In September 2020, FERC released its landmark Order No. 2222, requiring organized wholesale markets to examine their market rules and to prepare appropriate revisions to remove barriers to the participation of...more
On February 18, 2021, FERC took action in a multi-year dispute over the PJM Interconnection’s capacity market pricing rule known as the Minimum Offer Price Rule (or, “MOPR”) by vacating a single troublesome footnote from its...more
FERC has issued an order setting aside in part its prior order on New York Independent System Operator, Inc.’s (NYISO’s) buyer-side market power mitigation rules by reversing its decision not to exempt payments received under...more
The Federal Energy Regulatory Commission (FERC) announced on February 22 that its Office of Enforcement would examine wholesale natural gas and electricity market activity during last week’s extreme cold weather ...more
During its January open meeting, FERC issued an order directing independent system operators (ISOs) and regional transmission organizations (RTOs) to submit informational reports regarding co-located generation resources. ...more
On January 19, 2021, FERC directed Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”) to submit informational reports regarding four hybrid resources issues: (1) terminology; (2)...more