Study Group: Energy / Utilities Experts: Lawyers (US)
Council Members in this Study Group: 264
This study group may include professors, attorneys, former regulatory officers, and consultants knowledgeable on topics such as law and litigation issues, lobbying, policy and government, elections, antitrust, immigration, intellectual property, and legislation, among others.
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Leading Experts in this Study Group
Paul ForshayPartner
SUTHERLAND, ASBILL & BRENNAN L.L.P.
Paul F. Forshay is a Partner with Sutherland, Asbill & Brennan in Washington, DC, where he concentrates on federal and state energy regulatory matters concerning the electric power, natural gas and oil pipeline industries. Mr. Forshay has extensive experience...
Ulises PinPartner
BINGHAM MCCUTCHEN LLPUlises Pin is a Partner in the telecommunications, media and technology practice of Bingham McCutchen in Washington, DC. He represents U.S. and foreign communications companies before the Federal Communications Commission as well as communications regulators...
- Brett Perlman
President
VECTOR SOLUTIONSBrett Perlman is President of a management consulting firm that provides services to telecommunications and electric utility clients. Prior to his current role, Mr. Perlman served as Commissioner of the Public Utility Commission of Texas from 1999 to...
Robert WeishaarMember, Member-in-Charge of DC Office
WALLACE MCNEES & LLC NURICKRobert A. Weishaar is a Member and Head of the Washington DC office of McNees Wallace & Nurick LLC. His practice focuses on matters involving the state and federal regulation of electricity. He represents primarily large consumers of utility services...
- David Lewis
Vice President
Manchester TradeDr. David Lewis is a Vice President with Manchester Trade, where he specializes in international trade and investment matters for governments, businesses, and international organizations in Latin America and the Caribbean (LA/C). His areas of expertise...
GLG NewsSM Analyses by this Study Group's Leading Experts(?)
Opinions and analyses expressed in GLG News are solely those of the author. See the Terms of Use for details.
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FERC's Standards of Conduct NOPR: Back to the Future?
April 3, 2008
Analysis by: Paul Forshay, Partner,FERC Standards of Conduct Notice of Proposed Rulemaking | www.ferc.gov
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 providers and their marketing affiliates. FERC’s rulemaking bluntly acknowledges that the standards of conduct adopted with much fanfare in Order No. 2004 have proven too difficult for both industry and regulators to interpret and enforce, and seeks a return to the "functional separation" regulatory approach that prevailed prior to Order No. 2004.
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“Affirmative Benefits” and the Public Interest: A Higher Hurdle for Utility Mergers?
March 19, 2007
Analysis by: Paul Forshay, Partner,PUC ordered to reconsider Verizon, MCI merger issue | www.pennlive.com
- 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 citizenship" and locally-based management, without more, are not sufficient to satisfy the "affirmative benefits" test.
- Popowsky suggests that merger applicants will not be able to rely on federal-level approvals to avoid a state-level inquiry into a proposed merger's potential anti-competitive effects.
- 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.
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FERC’s Standards of Conduct: Back to the Drawing Board
December 1, 2006
Analysis by: Paul Forshay, Partner,National Fuel unit settles with FERC | washington.bizjournals.com
-- 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 Standards of Conduct on pipelines and their non-marketing affiliates.-- The Commission may attempt to satisfy the Court's concerns on remand and repromulgate Order No. 2004. In the meantime, it is unclear what Standards of Conduct, if any, apply to natural gas pipelines and their affiliates. -
Verizon DR tax settlement allows for purchase by AmericaMovil of Mexico
December 1, 2006
Analysis by: David Lewis, Vice President,Verizon sales tax agreement reached | www.dr1.com
Reports from the Dominican government and US Embassy in Santo Domingo indicate that Verizon and the government have reached an agreement on the amount of sales tax to be paid on the $2bn sale of earlier this year. Reports are that both sides agreed to a sales tax payment of approx. $200m rather than the $518m originally requested by the Dominican government.
While the settlement obligates Verizon to pay the sales tax on the transaction (the company argued that since the holding company was Canadian the sales tax did not apply), it does serve to uphold investor-state agreements and buttress investor confidence in the Dominican Republic.
The resolution of this tax settlement will not pave the way for the settlement of the sale of Verizon DR to Mexican America Movil which has been aggressive in its telecomm expansion in the region, including recent purchase of Verizon in Puerto Rico as well.
However, other service investors will now be very cautious as to how they structure financial transactions in the Dominican Republic so as to avoid a similar conflict and/or a similar tax burden. -
Ecuador election will result in energy and debt concerns for investors
December 1, 2006
Analysis by: David Lewis, Vice President,A Leftist at the Helm in Ecuador | www.businessweek.com
Ecuadorian President-elect Rafael Correa announced that he wants to revise oil exploration contracts between the government and foreign companies to increase revenues and he will also not withdraw the government's unilateral cancelation of Occidental Petroleum investment contracts in the country. Coupled with his commitment to press for foreign debt renegotiation terms and/or default, the economic environment in Ecuador will be very worrisome for investors, national and foreign.
Members in this Study Group include these company types:
- Law Firm (general practice/large)
- Law Firm (Boutique / Specialized)
- Law firm (small / solo)
Members in this Study Group often have these job titles:
- Partner
- Attorney
- Legal Counsel