News & Analysis as of

Natural Gas

FERC eliminates tax allowances for MLP pipelines, proposes tax-related rate reviews

On March 15, 2018, the Federal Energy Regulatory Commission (FERC) issued important orders regarding two significant tax-related rate matters affecting interstate oil and natural gas pipelines. The action eliminated tax...more

FERC Addresses Effects of Tax Cuts on Jurisdictional Rates and Disallows Income Tax Component in MLP-Owned Partnership Pipeline...

On March 15, 2018, the Federal Energy Regulatory Commission (“FERC”) issued an order on remand disallowing an income tax component in cost-of-service rates charged by an interstate oil pipeline owned by a master limited...more

Tax Cuts & MLPs: FERC Announces Changes Designed to Reduce Cost-Based Rates Charged by Regulated Pipelines

by Latham & Watkins LLP on

FERC eliminates tax allowance in MLP pipelines’ cost-based rates and establishes procedures to address income tax changes. Key Points: ..FERC will no longer permit MLPs to recover an income tax allowance in cost-based...more

FERC Meeting Agenda Summary - March 2018

by White & Case LLP on

In This Issue: - Electric Items - Gas Items - Hydro Items - Certificate Items - Below are brief summaries of the agenda items for the Federal Energy Regulatory Commission’s March 15, 2018 meeting, pursuant to the...more

Regulatory Happenings for the Week of March 5, 2018

by Buchalter on

On 5/26/17, the ALJ issued a proposed decision implementing new compliance requirements for the RPS program in response to SB350. These new rules for long-term contracts start with the compliance period beginning 1/1/21. The...more

Currents - Energy Industry Insights - March 2018 #3

Pipeline CEOs Vow to Fight Back Against Environmental Activism and Sabotage - "Executives from some of the biggest energy infrastructure companies in Canada and the United States say their industry had been surprised by...more

Second Circuit Confirms NYSDEC Waived Water Quality Certification Authority by Delaying Decision on Application

by Beveridge & Diamond PC on

On March 12, the Second Circuit held that the New York State Department of Environmental Conservation (NYSDEC) waived its authority to review Millennium’s request for a water quality certification under Section 401 of the...more

Second Circuit: FERC’s And State Agency’s Interpretations Of CWA Are Not Entitled To Chevron Deference

On March 12, the U.S. Court of Appeals for the Second Circuit issued a decision interpreting Clean Water Act (CWA) Section 401 and the Federal Regulatory Energy Commission’s (FERC) permitting authority, which may have settled...more

Energy Insider Interview Series: Insights from Senator Lisa Murkowski

1. When the GOP tax bill passed late last year, it included a critical provision you’ve been pushing for, mandating that the federal government hold lease sales in Alaska’s Arctic National Wildlife Refuge (ANWR). Why was it...more

Natural Gas Importer Sues U.S. Customs for Rejecting NAFTA Claims

by Perkins Coie on

An importer of natural gas from Canada filed suit on February 23, 2018, alleging that U.S. Customs and Border Protection (CBP) unlawfully denied preferential treatment for its imports under the North American Free Trade...more

FERC Has Options If Court Of Appeals Seeks To Shut Down An Operating Interstate Pipeline

by Pierce Atwood LLP on

Can an interstate natural gas pipeline continue to operate if a court vacates its certificate authorizations? On January 31, 2018, in Sierra Club v. FERC, No. 16-1329 (D.C. Cir.), the United States Court of Appeals for the...more

Energy Hearing This Week

by Kelley Drye & Warren LLP on

House Committee on Science, Space, and Technology – Hearing - Topic: Subcommittee on Energy Hearing: The Future of U.S. Fusion Energy Research - Time: 03/06/2018, 10:00 AM - Location: 2318 Rayburn House Office...more

Pipeline Update: Decisions in Pennsylvania and the Fourth Circuit Should Pave Way for Pipeline Development

by Blank Rome LLP on

Two recent decisions, one from the Fourth Circuit Court of Appeals and one from Pennsylvania’s Commonwealth Court, rejected arguments from pipeline opponents that, if accepted, would have bolstered local efforts to stymie...more

Podcast Episode 16 - Tales from the Border Wall with T. Christian Miller

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 16, T. Christian Miller of ProPublica joins us to talk about ProPublica's series of articles on the Border Wall. The excellent series can be...more

BLM Changes Policy; A Court Says Its Reasons Aren’t Good Enough

As I’ve noted previously, the fight over the Trump Administration’s effort to change course on a number of Obama environmental initiatives is going to focus in significant part on FCC v. Fox Television Stations, in which the...more

At The Well Weekly – Oil And Gas Update For Week Ending 2/16/2018 – PA Permit Fees On The Rise, Trump’s Plans For Pipelines, And...

by Cozen O'Connor on

Since our last report, natural gas prices dropped alongside a flat rig count and a slight increase in oil prices. In Appalachia, PADEP is poised to increase permit fees and is on the verge of finalizing methane-reduction...more

Energy Insider Interview Series: Insights from Terry Fitzpatrick, President & CEO of the Energy Association of Pennsylvania

1. Over the course of this series, we’ve talked to a number of different players in the energy space—from businesses, to trade organizations to lawmakers—all of which have had different things to say on the status of the...more

What’s on the horizon for the LNG market in 2018?

Following a rise in the supply of liquefied natural gas (LNG) in recent years, it was speculated that these cargoes would be unable to find buyers. However, demand for the commodity has aligned with this increased supply. In...more

Currents - Energy Industry Insights - February 2018 #3

Trump Budget Seeks 23 Percent Cut at EPA, Eliminating Dozens of Programs - "The fiscal 2019 proposal released marks the Trump administration's latest attempt to shrink the reach of an agency the president once promised to...more

Petition for Rulemaking Requests Standards of Conduct for Oil Pipelines

by Jackson Walker on

Airlines for America and the National Propane Gas Association (“Petitioners”) filed a Petition for Rulemaking on February 1, 2018, asking the Federal Energy Regulatory Commission (“FERC”) to extend its affiliate Standards of...more

Air Enforcement: Tennessee Air Pollution Control Board Order/Assessment of Penalty to Morristown, Tennessee Cotton Batting...

The Tennessee Air Pollution Control Board (“Board”) issued a February 6th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jones Fiber Products, Inc. (“JFPI”) See Case No. APC17-0166. The Order...more

FERC Takes Steps to Ensure Service Continuity on the Southeast Markets Pipeline Project

by Reed Smith on

The Federal Energy Regulatory Commission (FERC) has recently taken important steps to permit the Southeast Market Pipelines Project (Project) to continue to provide service without interruption following last summer’s...more

Currents - Energy Industry Insights - February 2018 #2

Oil World Turns Upside Down as U.S. Sells Oil in Middle East - "Yet, in a trade that illustrates how the rise of the American shale industry is upending energy markets across the globe, the U.A.E. bought oil directly from...more

At The Well Weekly – Oil And Gas Update For Week Ending 2/2/2018 – Mountain Valley Pipeline Gets A Win; Tax Washes And Dunham In...

by Cozen O'Connor on

Since our last report, natural gas spot prices held around $3/MMBtu and the rig count is essentially flat while fluctuating oil prices flirted with $70/bbl. In Appalachia, a pipeline project gets a victory while Pennsylvania...more

Mexico's Energy Industry Round 2.4: Mexico's Deep Water Success

On January 31, 2018, the Comisión Nacional de Hidrocarburos (“CNH”) completed the Presentation and Opening of Bid Proposals for the Fourth Tender of Round Two (“Round 2.4”), which was first announced on July 20, 2017. Round...more

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