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Energy & Utilities Franchise

Read need-to-know updates, commentary, and analysis on Energy & Utilities issues written by leading professionals.

FRANCHISEE 101: Squeezed at the Pump

by Lewitt Hackman on

Most dealership and franchise agreements require the franchisor's prior written consent to the transfer of a business from one franchisee to another. The new franchisee is often required to sign the franchisor's then-current...more

Gas Station Dealers: A Review of the Petroleum Marketing Practices Act

by Lewitt Hackman on

So far in 2017 no federal or state court in California issued a published decision under the Petroleum Marketing Practices Act (“PMPA”) – despite the fact gasoline demand and consumption continue to rise. The reason for fewer...more

Surcharge on Utility Users Imposed Under a Franchise Agreement is Not a Tax - California Supreme Court Holds Surcharge for...

by Best Best & Krieger LLP on

In an opinion anxiously awaited by many cities, the California Supreme Court held that a 1 percent surcharge on electric utility bills paid by Southern California Edison to the City of Santa Barbara, which were used for...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19799 - Middlebury v. Connecticut Siting Council Neighbors unsuccessfully challenged the modification of an approval for a new power plant before the Siting Council claiming...more

ManattJones Global Strategies - November 2016

CEO’s Executive Summary: October news was dominated by cabinet changes and progress on the 2017 budget. Senator Raul Cervantes replaced Arely Gomez as attorney general, reflecting renewed efforts to stem crime and corruption...more

Municipal Cable Franchise Transfer Toolkit

by Best Best & Krieger LLP on

A cable operator generally cannot transfer control of its business or transfer its cable franchise without the prior approval of the franchising authority. This gives the franchising authority the opportunity to resolve...more

UK DfT Announces £25 Million In Funding For Advanced Biofuel Plants

by Bergeson & Campbell, P.C. on

The United Kingdom (UK) Department for Transport (DfT) announced the launch of a £25 million competition for funding to build advanced biofuel plants. The funding will eventually lead to the construction of up to three...more

CPUC Adopts Rules for Renewal of State Video Franchises

by Best Best & Krieger LLP on

Commission Decides Streamlined Process Required by DIVCA - The California Public Utilities Commission has concluded its rulemaking proceeding and adopted streamlined rules that holders of state video franchises (such as...more

NJ BPU Affirms OAL Decision Denying Municipality the Right to Compete in Existing Franchise Area

by Cozen O'Connor on

Update - In August 2013, the New Jersey Board of Public Utilities (the Board) issued an order affirming an initial decision of the New Jersey Office of Administrative Law (OAL), which estopped the Borough of Woodland...more

CPUC Rulemaking to Decide if Localities will be Shut Out of State Video Franchise Renewal Process - Opening Comments Must Be Filed...

by Best Best & Krieger LLP on

The California Public Utilities Commission (CPUC) recently launched a proceeding to establish the rules that holders of state video franchises (such as Comcast, Time Warner Cable, Verizon, AT&T and others) must follow to...more

Intangible Expenses, Amazon & Solar Highlight Bills in Tennessee Legislature

Tennessee’s legislative session is in full swing, and based on the current pace of the session, legislators should finish their work during the first week of May, at the latest, and return to their districts for the November...more

Ninth Circuit Rules That Attorney Fees are Properly Awarded Under Petroleum Marketing Practices Act

by Hinshaw & Culbertson LLP on

In Chevron U.S.A. Inc. v. M&M Petroleum Services Inc., 2011 DJDAR 13854 (2011), the U.S. Court of Appeals for the Ninth Circuit decided a novel case involving the recovery of attorney fees under the Petroleum Marketing...more

PMPA Franchise Agreement Disavowing Plaintiff's Claim to an Exclusive Market and Geographic Territory Trumps Alleged Oral...

Partner v. ExxonMobil Oil Corp., 08-1590 (6th Cir. May 4, 2009) In 2000, plaintiff Partner & Partner, Inc. entered into a lease/franchise agreement with ExxonMobil to operate a Mobil-branded gasoline station. The lease...more

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