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Duke Energy

Aviation Law News Alert: What We Can Learn From A Glider Who Flew Too Close To A Nuclear Power Plant

In the case of William Cox, personal representative for the estate of Robin Fleming, vs. Duke Energy, et. al. the Fourth Circuit recently addressed a glider pilot’s arrest for flying too close to a nuclear power plant, the...more

[Webinar] H.B. 589 in North Carolina – Current Developments - February 15th, 11:00am ET

by Williams Mullen on

Are you ready for Duke’s competitive procurement for renewable energy in North Carolina? H.B. 589 has dramatically changed how utility-scale renewable energy generators will sell power to Duke. H.B. 589 established a new...more

Delaware Supreme Court Defines “Collusion”

by Allen Matkins on

A couple of years ago, I taught Administrative Law at the University of California, Irvine School of Law. One of the many theories that we covered was the idea of “regulatory capture”. This is a “term coined by public...more

Expanding HSR Gunjumping Enforcement: Swan Song, or Harbinger of What's to Come?

by Proskauer Rose LLP on

In a move that may not have stood up under the new administration, the U.S. Department of Justice Antitrust Division settled a matter during the last days of the Obama Administration which involved allegations of...more

Beware the Tolling Agreement, It May Toll for Thee: New Gun-Jumping Action Targets Certain Tolling Agreements

by WilmerHale on

Late last week, with only hours left for the Obama Administration, the Antitrust Division of the Department of Justice (DOJ) released one of the most remarkable gun-jumping enforcement actions in the more than 40-year history...more

Appeals Court Sides with Wind Farm on PPA Risk Allocation

by Stoel Rives LLP on

This week the Seventh Circuit Court of Appeals issued a decision that could help clarify the allocation of risk in power purchase agreements (PPAs). In Benton County Wind Farm LLC v. Duke Energy Indiana, Inc., the court...more

Money, Dirt and Steel: Fall 2016 Newsletter

by Williams Mullen on

Statute of Limitations for Encroachment on an Easement - Injury to easement versus removal of encroachment distinguished - In our 2014-2015 Update we reported on the decision issued by the North Carolina Court of...more

Statute of Limitations for Actions to Remove Encroachments from Easements Returned to 20 Years

by Smith Anderson on

In 2007, the North Carolina Court of Appeals held in Pottle v. Link, 187 N.C. App. 746, 654 S.E.2d 64 (2007), that actions to remove encroachments from an easement must be brought within six years of the encroachment being...more

North Carolina Supreme Court Gives Easement Holders 20 Years to Challenge Encroachments

by Womble Bond Dickinson on

On August 19, 2016, the North Carolina Supreme Court issued a decision that will benefit all companies that own easements. Patrolling easements and clearing them of vegetation and structures can be very costly, but the...more

Coal Plant Shutdowns: Operators Need to Manage Community Relationships

by McCarter & English, LLP on

Imagine this scenario: A company operates a coal ash landfill. Local citizens protest and organize an advocacy group against it and create a Facebook page. The company responds by suing the individual members of the group for...more

Electric Utility Securitizations—Plant Closings

Given the significant number of nuclear plants (approaching 20) and coal-fired plants (approaching 400) that have been recently closed or designated for closing, or are at risk of closing, utilities not already considering...more

Environmental Notes - February 2016

by Williams Mullen on

The U.S. Supreme Court has blocked implementation of President Obama’s signature plan to address climate change pending a decision by the D.C. Circuit Court of Appeals on the plan’s legality. The Clean Power Plan is being...more

Case Law Updates

by Williams Mullen on

Clean Water Act - In last month’s edition of Environmental Notes, we discussed the potential impact of two recent federal district court decisions finding that a citizen suit under the Clean Water Act (CWA) could be...more

Renewable Energy Update - Decemeber 2015 #2

by Allen Matkins on

Renewable Energy Focus - Representatives introduce Clean Energy Victory Bonds Act of 2015 - North American Windpower - - Dec 4 U.S. Representatives Zoe Lofgren, D-Calif., and Doris Matsui, D-Calif., have...more

Update from Wilson Elser’s D&O Insurance Digest

by Wilson Elser on

Litigation Developments and Mega Settlements - Dole Food, Inc. Derivative Action – Delaware Chancery Court Finds D&Os Engaged in Fraud - Dole Food, Inc. shareholders sued Dole Chairman and CEO David Murdock and Dole...more

Corporate Wrongdoing: More Civil and Criminal Liability for Individuals?

by Davis Wright Tremaine LLP on

The US Department of Justice has issued a memorandum to all of its prosecuting Divisions, directing changes to the principles applied by DOJ in prosecuting civilly or criminally individuals who engage in corporate misconduct....more

NC Legislative Update for September 2015

by Nexsen Pruet, PLLC on

This Week - There was little action taking place in public this week at the North Carolina General Assembly. Both chambers kept relatively sparse calendars and neither chamber held any Committee meetings. The low...more

Renewable Energy Update - July 2015 #4

by Allen Matkins on

Renewable Energy Focus - SunPower buys Infigen’s 1.5-gigawatt U.S. solar power pipeline: Bloomberg - Jul 27 - SunPower Corp., the second-biggest U.S. solar manufacturer, bought 1.5 gigawatts of projects under...more

County Waited Too Long to Assess

In Duke Energy Fayette II, LLC v. Fayette County Board of Assessment Appeals, No. 1406 C.D. 2014 (May 28, 2015), the Court found that the Fayette County Board of Assessment Appeals conducted an impermissible spot reassessment...more

Summary of FERC Meeting Agenda - June 2015

by White & Case LLP on

In This Issue: - Administrative Items - Electric Items - Hydro Items - Certificate Items - Excerpt from Certificate Items: C-1: Natural Gas Pipeline Company of America, LLC (Docket No....more

Spot Assessment Stricken

by Cozen O'Connor on

A divided panel of The Commonwealth Court of Pennsylvania held that a reassessment of property upon the expiration of a KOZ abatement was an unlawful spot assessment. Duke Energy Fayette II, LLC v. Fayette County Board of...more

Proxy Access – Week of May 10 – The Trend is Clear

During the week of May 10, 2015, 8-Ks were filed that disclosed 11 shareholder sponsored proxy access proposals passed and one failed. All required three percent ownership for three years and all were opposed by the company...more

NC Legislative Update for April 2015 #3

by Nexsen Pruet, PLLC on

This Week - The legislature wrapped up a whirlwind week ahead of next Thursday’s April 30th “Crossover” deadline. Crossover is the date by which a bill must pass out of its originating chamber in order to remain eligible...more

FCC Enforcement Bureau Stays Pole Attachment Complaint Proceeding Pending Completion of Arbitration

by Davis Wright Tremaine LLP on

In a March 16, 2015 Letter Ruling, the Market Disputes Resolution Division of the FCC’s Enforcement Bureau granted a request by Duke Energy Carolinas, LLC (“Duke”) for a stay in a pole attachment complaint proceeding brought...more

Summary of FERC Meeting Agenda - January 2015

by White & Case LLP on

Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s January 22, 2015 meeting, pursuant to the agenda as issued on January 15, 2015. Agenda items E-6 and E-19 have not been summarized...more

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