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
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
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
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
The U.S. Court of Appeals for the D.C. Circuit recently upheld the Federal Energy Regulatory Commission’s (FERC or “Commission”) Order No. 841, a 2018 rulemaking addressing electric storage resources. The purpose of Order no...more
On April 14, 2020, the New England Ratepayers Association (NERA) filed a Petition for Declaratory Order (Petition) asking the Federal Energy Regulatory Commission (FERC or the Commission) to reverse its policy on net...more
In February 2018, as part of its efforts to remove barriers for electric storage resources, the Federal Energy Regulatory Commission (FERC) issued its final rule on electric storage participation in organized markets (Order...more
The Connecticut General Assembly energized the rapidly-growing energy storage market this week by enacting legislation that authorizes the electric distribution utilities to own and rate-base wholesale storage generation...more
The Federal Energy Regulatory Commission (“FERC” or the “Commission”) issued an order on May 1, 2019 denying rehearing of its orders asserting concurrent jurisdiction with a bankruptcy court over wholesale power contracts....more
On Jan. 25, 2019 – just days before Pacific Gas and Electric (PG&E) proposes to file its bankruptcy case – the Federal Energy Regulatory Commission (FERC) issued an order asserting its concurrent authority to approve proposed...more
We have seen an increase in energy companies filing for bankruptcy, and more may be on the horizon. This is a great time to review and discuss an interesting ruling in the FirstEnergy case regarding the intersection of...more
In June 2018, CXA La Paloma, LLC (“La Paloma”) filed a complaint at the Federal Energy Regulatory Commission (FERC or “the Commission”) seeking to require the California Independent System Operator (CAISO) to implement a...more
On September 27, 2018, the U.S. Court of Appeals for the Second Circuit (Second Circuit) affirmed a district court’s finding that New York’s Zero Emissions Credit (ZEC) program is not preempted by federal law. The Second...more
In a surprisingly terse opinion, the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) recently affirmed a district court’s finding that Illinois’ Zero Emissions Credit (ZEC) program is not preempted by federal...more
Mexico's Energy Reform, established in 2013, opened opportunities for supply and trading of energy at the Electricity Wholesale Market (Mercado Eléctrico Mayorista or MEM) and the use of national transmission lines and...more
WHO: Energy Storage technologies awaiting regulatory authority to operate in the wholesale energy, capacity, and ancillary services markets....more
Nearly a year after summoning stakeholders to discuss whether—and if so, how—the wholesale power markets should accommodate state policy goals, the Federal Energy Regulatory Commission (FERC or the “Commission”) has taken a...more
At its February 15, 2018, Open Meeting, the Federal Energy Regulatory Commission (FERC or the “Commission”) issued Order No. 841 (the “Final Rule”) to remove barriers to the participation of energy storage resources in the...more
For the third time in the past month, a federal court has upheld a state program to pursue support for clean energy, including renewable energy certificates (RECs), and zero emission credits (ZECs) in New York and Illinois....more
This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. ...more
Each month, electric bills arrive like clockwork. For large commercial and industrial businesses, especially those that are energy-intensive, these electric bills can represent a sizeable portion of a business’s monthly...more
It’s not every day that a decision by the United States Supreme Court has the potential to impact the construction industry. But the Court handed down a decision last month that could hinder the pace of power plant...more
In an opinion unanimous in judgment (albeit with two concurring opinions), the U.S. Supreme Court recently reiterated the reach of the Federal Energy Regulatory Commission’s (FERC) jurisdiction over interstate wholesale...more
In a unanimous opinion issued on April 19, the U.S. Supreme Court invalidated a Maryland program designed to incentivize construction of a new natural gas plant. The Court concluded that the program infringed upon the...more
Here’s what you need to know about the opportunities and regulatory impacts. Investment in renewable generating capacity is a key building block of the U.S. Environmental Protection Agency’s (“EPA’s”) Clean Power Plan to...more