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
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 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
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 April 15, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued its much anticipated policy statement on carbon pricing in organized markets. The non-binding policy statement provides guidance...more
On March 18, 2021, the Federal Energy Regulatory Commission (“FERC”) issued an order on rehearing of its landmark final rule, Order No. 2222, pertaining to the participation of distributed energy resources (“DER”) through an...more
On January 19, 2021, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order directing each Regional Transmission Organization (“RTO”) and Independent System Operator (“ISO”) to submit information...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
At its September 17, 2020, meeting, the Federal Energy Regulatory Commission (“FERC”) issued a groundbreaking order that will enable aggregators of distributed energy resources (“DERs”) located on utility distribution systems...more
On September 17, 2020, the Federal Energy Regulatory Commission (“FERC”) issued Order No. 2222 (the “Order”) to allow for the greater participation of distributed energy resource (“DER”) aggregations in organized wholesale...more
On September 17, 2020, the Federal Energy Regulatory Commission (FERC) made it possible through aggregation for small solar, bio-mass, wind, storage, demand response and other distributed energy resources to bid competitively...more
In a breakthrough final rule, the Federal Energy Regulatory Commission carves out space in wholesale markets for the aggregation of distributed energy resources. Earlier in the summer, the US Court of Appeals for the DC...more
The Federal Energy Regulatory Commission issued Order 2222 on September 17, 2020. The order amends its regulations with the expansive goal of removing barriers to distributed energy resource (DER) aggregations’ participation...more
Under Order No. 2222, the Federal Energy Regulatory Commission hopes to “usher in the electric grid of the future” by opening wholesale markets to distributed energy resource aggregations. ...more
On September 17, 2020, FERC issued a final rule (“Order No. 2222”) amending its regulations to require Regional Transmission Organizations and Independent System Operators (“RTO/ISO”) to revise their tariffs to facilitate the...more
On September 17, 2020, the Federal Energy Regulatory Commission (FERC) adopted Order No. 2222, which paves the way for aggregated distributed energy resources to participate in the nation’s “organized” wholesale electricity...more
On August 28, 2020, FERC issued a supplemental Notice of a Commission-led Technical Conference on state pricing for carbon dioxide emissions, commonly referred to as carbon pricing, in FERC-jurisdictional wholesale electric...more
The U.S. Court of Appeals for the D.C. Circuit recently upheld the Federal Energy Regulatory Commission’s (FERC or “Commission”) Order No. 841, a 2018 rulemaking addressing electric storage resources. The purpose of Order no...more
On July 10, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) denied challenges1 to the Federal Energy Regulatory Commission’s (“FERC” or “Commission”) final rule on electric storage...more
In a consequential case addressing the jurisdictional boundaries of federal and state authority over energy policy, on July 10, 2020, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) issued its...more
On April 10, 2020, the Federal Energy Regulatory Commission (FERC) issued an order scheduling a technical conference to address issues surrounding a Midcontinent Independent System Operator Inc. (MISO) tariff proposal to...more
During its January open meeting, the Federal Energy Regulatory Commission denied rehearing on two orders affecting transparency in regional transmission organization (RTO) and independent system operator (ISO) processes, and...more
In a pair of rulemaking orders issued July 18, 2019, the Federal Energy Regulatory Commission (FERC) revised its regulations and policies for obtaining and maintaining authority to sell wholesale energy, capacity and...more
In an Order on Rehearing and Clarification issued at its May open meeting, the Federal Energy Regulatory Commission (FERC or “Commission”) generally affirmed Order No. 841, its 2018 Final Rule on electric storage. Electric...more