News & Analysis as of

Energy Sector Investigations

Morgan Lewis - Up & Atom

NRC OI Annual Report: Significant Jump in Materials Licensee and Discrimination Investigations for FY 2023

The NRC’s Office of Investigations (OI) recently published its Annual Report for fiscal year 2023, summarizing its activities from October 1, 2022 through September 30, 2023. According to the annual report, OI opened 82 new...more

K&L Gates LLP

FERC Issues 2023 Enforcement Report

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On 16 November 2023, the Federal Energy Regulatory Commission’s (FERC or Commission) Office of Enforcement (Enforcement) released its 2023 Annual Report on Enforcement (FY2023 Report). The FY2023 Report is the 8th annual...more

Adams and Reese LLP

U.S. Department of the Interior Publishes Final Well Control Rule to Help Prevent Offshore Catastrophic Blowouts

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The United States Department of the Interior published the final well control rule on Aug. 22 from the Bureau of Safety and Environmental Enforcement (BSEE). The rule clarifies blowout preventer (BOP) system regulations and...more

K&L Gates LLP

FERC Approves Enforcement's Settlements With Two Demand Response Providers

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On 22 May 2023, the Federal Energy Regulatory Commission (FERC) issued two orders approving stipulation and consent agreements that resolve enforcement investigations by FERC’s Office of Enforcement (FERC Enforcement) of two...more

Morgan Lewis - Power & Pipes

FERC Enforcement ‘Is Back’: FY 2022 Annual Report on Enforcement

On November 17, 2022, the Office of Enforcement (OE) of the Federal Energy Regulatory Commission (FERC or the Commission) released its annual report on enforcement activities (Report). The Report details the FY 2022 efforts...more

Troutman Pepper

Generation Project Developers Agree to Pay Civil Penalties, Disgorge Profits, after FERC Enforcement Investigations

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On June 24th and 27th, 2022 FERC approved two stipulations and consent agreements between FERC’s Office of Enforcement (“Enforcement”) and two separate project developers. First, sPower Development Company, LLC (“sPower...more

McDermott Will & Emery

Belgian Competition Authority Publishes Its Notice On Enforcement Priorities For 2022

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On May 16, 2022, the Belgian Competition Authority (BCA) published its long-awaited notice on enforcement priorities for 2022 (Notice). The BCA explains that, with a view to making the best use of its resources, it will...more

McDermott Will & Emery

Key Takeaways | Commercial, Legal and Policy Responses to Commerce’s Anticircumvention Investigation

The US Department of Commerce (Commerce) recently initiated a circumvention investigation against solar cell and module imports from Cambodia, Malaysia, Thailand and Vietnam. This decision has the potential to profoundly...more

McDermott Will & Emery

An Analysis of the Auxin Petition and Commerce Investigation and Their Impact on the Solar Industry

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On February 8, 2022, Auxin Solar Inc. filed a petition requesting that the US Department of Commerce (Commerce) initiate a circumvention investigation into whether imports of crystalline silicon photovoltaic cells (CSPs)...more

K&L Gates LLP

FERC Issues 2021 Enforcement Report

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On 18 November 2021, the Federal Energy Regulatory Commission’s (FERC or Commission) Office of Enforcement (Enforcement) released its 2021 Annual Report on Enforcement (FY2021 Report). The FY2021 Report provides an overview...more

Snell & Wilmer

Polar Vortex Highlights Problems with Texas Isolationist Model and Need for National Electric Grid

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Following a week of extremely cold temperatures which caused millions of Texans to be without power, in some cases for longer that three days, the Federal Energy Regulatory Commission (FERC) announced that it will be...more

Latham & Watkins LLP

A Look Ahead at the Biden Administration’s Regulatory and Enforcement Priorities

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With the new administration poised to take office, public and private companies will need to consider how President Biden’s regulatory, enforcement, and legislative priorities will affect their businesses. During this...more

Vinson & Elkins LLP

[Webinar] 2020 Antitrust Developments in the Energy and Chemical Industries - February 10th, 12:00 pm - 1:00 pm CT

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The energy and chemicals industries play a central role in our economy and regularly capture the attention of antitrust authorities and practitioners. In this program, V&E lawyers will discuss recent antitrust developments in...more

Akin Gump Strauss Hauer & Feld LLP

FERC Rescinds Controversial Enforcement Policy

On May 16, 2019, the Federal Energy Regulatory Commission (FERC or “the Commission”) rescinded its 2009 Notice of Alleged Violations policy. The policy provided for the Director of the Office of Enforcement (“Enforcement”) to...more

Akin Gump Strauss Hauer & Feld LLP

Red Notice Newsletter - September 2018

ANTICORRUPTION DEVELOPMENTS - Petrobras Settles with U.S. Authorities Over Alleged FCPA Violations - On September 27, 2018, the U.S. Department of Justice (DOJ) and the Securities and Exchange Commission (SEC)...more

Akin Gump Strauss Hauer & Feld LLP

Revisiting LNG Resale Restrictions – Implications of Recent EU Decisions

In our July 2017 update in AG Speaking Energy, we highlighted that the Japan Fair Trade Commission (JFTC) concluded in its market study that destination clauses, diversion clauses, profit-sharing clauses and take-or-pay...more

Akin Gump Strauss Hauer & Feld LLP

European Commission Takes Aim at Qatar’s LNG Contracts

• JFTC‘s recent market study on clauses in LNG SPAs indicate that agreements may run afoul of Japanese antimonopoly laws. • EU cases may provide guidance on application of competition law to destination clauses, diversion...more

Porter Hedges LLP

Business Litigation Alert: "SEC Launches Investigation Into Exxon's Accounting and Climate Change Practices"

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In the face of dropping oil prices, the SEC has launched an investigation into how Exxon Mobil Corp. has valued its assets. While the value of competitors' assets have dropped dramatically since oil prices have plunged,...more

Moore & Van Allen PLLC

Do Not Pass Go: FERC Administrative Proceedings Remain First Stop for Market Manipulation Claims under the Natural Gas Act

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Fraud and energy market manipulation have remained priorities of the Federal Energy Regulatory Commission’s Office of Enforcement (OE) over the past several years. The agency has ramped up its investigative efforts, reporting...more

Cadwalader, Wickersham & Taft LLP

2015 FERC Enforcement Report Confirms Increase in Enforcement and Audit Activity as FERC Faces Unprecedented Number of Litigated...

The Federal Energy Regulatory Commission’s (“FERC”) Office of Enforcement (“Enforcement”) issued its 2015 Report on Enforcement (“Report”) on November 19, 2015. The Report summarizes FERC’s enforcement efforts during the...more

Cadwalader, Wickersham & Taft LLP

Gloves Are Off: FERC Issues Public Notice of Alleged Violations in Powhatan Investigation

On August 5, 2014, the Federal Energy Regulatory Commission ("FERC") issued a public Staff Notice of Alleged Violations ("NAV") regarding alleged manipulative Up To Congestion trading by Powhatan Energy Fund (Powhatan) in the...more

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