GLG News by Electric Utilities Experts: Lawyers (US)
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April 3, 2008FERC's Standards of Conduct NOPR: Back to the Future?
Analysis of: FERC Standards of Conduct Notice of Proposed Rulemaking | www.ferc.gov
Author: Paul Forshay, Partner, Sutherland, Asbill & Brennan L.L.P.
The Federal Energy Regulatory Commission's recently issued Notice of Proposed Rulemaking on the Standards of Conduct applicable to natural gas and electric transmission providers would establish revised standards for preventing anti-competitive information sharing between those trasmission...
March 19, 2007“Affirmative Benefits” and the Public Interest: A Higher Hurdle for Utility Mergers?
Analysis of: PUC ordered to reconsider Verizon, MCI merger issue | www.pennlive.com
Author: Paul Forshay, Partner, Sutherland, Asbill & Brennan L.L.P.
Pennsylvania Commonwealth Court's decision in Popowsky underscores the importance of rate-related benefits in demonstrating that a proposed merger affords sufficient "affirmative benefits" to satisfy the statutory "public interest" standard.
Popowsky indicates that promises of continued "good corporate...
December 1, 2006FERC’s Standards of Conduct: Back to the Drawing Board
Analysis of: National Fuel unit settles with FERC | washington.bizjournals.com
Author: Paul Forshay, Partner, Sutherland, Asbill & Brennan L.L.P.
-- D.C. Circuit decision in National Fuel Gas Supply Corp. v. FERC vacates and remands Order No. 2004 as applied to natural gas pipelines.
-- The Commission's theoretical concerns with potential anti-competitive conduct, without actual evidence of such conduct, were insufficient to justify imposing...
October 27, 2006FERC Opens Door to Changes in Cost of Equity Model
Analysis of: Opinion 486 and Order on Initial Decision re Kern River Gas Transmission Co with Commissioner Sptizer's concurring statement attached under RP04-274 | elibrary.ferc.gov
Author: Paul Forshay, Partner, Sutherland, Asbill & Brennan L.L.P.
FERC's Kern River decision opens the door to future changes in the Commission's traditional DCF model for setting pipeline equity returns.
FERC indicates a willingness to consider future DCF proxy groups that include properly adjusted MLP distributions.
FERC also indicates a willingness to consider...
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