GLG News by FERC Energy and Utilities Experts: Lawyers
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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...
November 12, 2007Potential Fines and Penalties for Energy Transfer Partners
Analysis of: Is Enron Saga Entering The Final Chapter | news.glgroup.com
Author: Orlan Johnson, Partner, Saul Ewing LLP
A clear understanding of this area of the law has become critical because the risks from noncompliance can subject an entire entity, including upper management, to significant fines ($1 million per day/ per violation), criminal penalties and disgorgement of undue profits. Many energy...
August 16, 2007
Surface Transportation Board Proposes Revising Railroad Cost of Capital Methodology
Analysis of: STB Notice of Proposed Rulemaking on Railroad Cost of Capital Methodology | www.stb.dot.gov
Author: Robert Rosenberg, Partner, Slover & Loftus
Surface Transportation Board Proposes Revising Railroad Cost of Capital Methodology
Analysis of: STB Notice of Proposed Rulemaking on Railroad Cost of Capital Methodology | www.stb.dot.gov
Author: Robert Rosenberg, Partner, Slover & Loftus
The Surface Transportation Board has proposed to change its methodology for calculating the railroad industry cost of capital. The cost of capital is used for several regulatory purposes. Lowering the cost of capital, as proposed by the agency, could increase the rate relief available to...
March 21, 2007
A Bosporus Bypass? Maybe.
Analysis of: New Pipeline Will Bypass the Bosporus but Involve Russia | www.nytimes.com
Author: Leonard Coburn, President, Coburn International Energy Co
A Bosporus Bypass? Maybe.
Analysis of: New Pipeline Will Bypass the Bosporus but Involve Russia | www.nytimes.com
Author: Leonard Coburn, President, Coburn International Energy Co
1. A Bosporus pipeline bypass would alleviate the congestion in the crowded straits, provide access to a deepwater port, and potentially allow more crude oil shipments from Russia and Central Asia.2. Similar proposals for a direct bypass have been discussed for more than a decade and none has...
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...
February 16, 2007
Gas OPEC Not Likely
Analysis of: Report: Russia, Iran in talks on gas cartel | money.cnn.com
Author: Leonard Coburn, President, Coburn International Energy Co
Gas OPEC Not Likely
Analysis of: Report: Russia, Iran in talks on gas cartel | money.cnn.com
Author: Leonard Coburn, President, Coburn International Energy Co
- Gas is an increasingly important commodity in world energy markets and a price-fixing cartel would raise alarm bells around the globe- Russia, Iran and Qatar are the three largest gas reserve owners. President Putin recently visited Qatar to expand energy cooperation. Russia is close to...
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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