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
As energy storage facilities (“ESFs”) are developed and deployed in the Northeast, questions about how ESFs will be charged for use of the electric distribution system while participating in wholesale markets have become...more
In February 2021, Winter Storm Uri hit Texas, causing a sharp spike in electricity demand that could not be satisfied by available generation resources, resulting in statewide blackouts. Commercial and industrial as well as...more
REMIT is Regulation (EU) No 1227/2011 on wholesale energy market integrity and transparency which has been in force since 28 December 2011. Its purpose is to support open and fair competition in the European wholesale...more
On Friday, March 17, 2023, the Third Court of Appeals issued an Opinion in an appeal brought by Luminant Energy Company and aligned intervenors, and reversed the Texas PUC’s February 15 and 16, 2021 Orders setting the price...more
Regulatory developments include FERC’s orders on electric storage resources participating in the wholesale markets, qualifying facility eligibility, and reliability rules for inverter-based resources....more
Wholesale electricity markets were developed decades ago for a world of centralised supply and cheap gas. Today the landscape is much more diverse – so the model must be redesigned....more
Few issues have grabbed public attention recently more than the increase in energy prices for consumers. The sudden increase in the price of gas on the wholesale market has both unnerved politicians and thrown into sharp...more
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
On May 24, 2022, the Virginia State Corporation Commission (the Commission) issued an Order establishing a proceeding to explore interconnection issues related to utility distributed energy resources (DER). As part of the...more
Courts in South Carolina and South Dakota have recently recognized the validity of term provisions in wholesale power contracts between generation and transmission cooperatives and their member distribution cooperatives. ...more
In September of 2020, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued Order No. 2222, requiring Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”) to adopt rules...more
A common question for commercial and industrial (C&I) offtakers is why there’s a covenant that the Project Company must sell all of the power it is financially settling with the C&I customer into the wholesale market. A...more
On February 17, 2022, the Federal Energy Regulatory Commission (FERC) issued a Notice of Inquiry (NOI) on whether using “dynamic line ratings” (DLR) for electric transmission lines is necessary for just and reasonable...more
On September 17, 2020, the Federal Energy Regulatory Commission (FERC) issued a rule, Order 2222, calling for tariff changes to permit the aggregation of distributed energy resources (DERs) in wholesale markets. In a unique...more
Starting this fall, the Federal Energy Regulatory Commission (FERC) will implement new rules affecting wholesale electricity sellers that have obtained (or will obtain) market-based rate (MBR) authority from the Commission....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
The Federal Energy Regulatory Commission (FERC) announced on February 22 that its Office of Enforcement would examine wholesale natural gas and electricity market activity during last week’s extreme cold weather ...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
Some of America's largest energy customers issued an unprecedented policy statement, advocating that the federal government implement ambitious policies to modernize the electric grid, expand access to organized wholesale...more
On January 19, 2021, the Federal Energy Regulatory Commission (FERC) directed the nation’s six Regional Transmission Organizations and Independent System Operators (RTOs/ISOs) to submit reports on the integration of “hybrid”...more
The New South Wales ("NSW") government recently released its Electricity Infrastructure Roadmap setting out a 20-year plan focused on delivering growth through investment in storage and renewables. The NSW government's...more
On October 30, 2020, FERC announced that the FERC Chairman will convene a roundtable discussion on December 3, 2020 regarding the increased deployment of electric vehicles (“EVs”) and EV charging infrastructure nationwide and...more
On October 7, 2020, the United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) vacated, as moot, two FERC orders asserting concurrent jurisdiction to review the disposition of certain Pacific Gas & Electric...more
Thursday, October 15th, the Federal Energy Regulatory Commission (FERC) weighed-in on the important role that carbon pricing, associated with state initiatives to reduce greenhouse gas emissions, could have on the nation’s...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