News & Analysis as of

Competition Utilities Sector

Mogin Law LLP

Supreme Court Asked to Rule on “Monopoly Broth” Theory

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The Supreme Court has been asked to review the Fourth Circuit’s Duke Energy Carolinas, LLC v. NTE Carolinas II opinion endorsing the controversial “monopoly broth” theory, which permits the aggregation of independently lawful...more

Troutman Pepper Locke

On Rehearing, FERC Upholds Approval of PJM’s Proposed Offer Cap Tariff Revisions

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On June 26, 2025, FERC upheld PJM Interconnection, L.L.C.’s (“PJM”) proposal to revise its Capacity Performance Quantifiable Risk (“CPQR”) Offer Cap. Several public interest organizations and PJM’s Independent Market Monitor...more

Troutman Pepper Locke

Navigating Power Allocation and Customer Choice in a Regulated Landscape - Energy Law Insights

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The landscape for utilities and their customers in the power allocation space is heavily regulated. Minimum load requirements, contested rights, and myriad other issues must be understood — and handled effectively — to...more

Perkins Coie

FERC Adopts Sweeping Overhaul to its PURPA Regulations

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For the first time in 15 years, the Federal Energy Regulatory Commission (FERC) significantly revamped key aspects of its regulations implementing the Public Utility Regulatory Policies Act of 1978 (PURPA). The 490-page final...more

Foley Hoag LLP - Energy & Climate Counsel

Preserve Retail Competition

Proposals to eliminate competition in retail electric supply to consumers are in the air. A consultant to the Massachusetts attorney general has just published an update to a report of last year asserting that retail...more

Jones Day

Antitrust Alert: ACCC Highlights C&I Users' Need For More Affordable Electricity and Gas

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In a speech to the Energy Users Association of Australia ("EUAA"), the Australian Competition & Consumer Commission ("ACCC") Chairman said that the energy market is not working effectively for commercial and industrial users...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Public Utility Regulatory Policies Act (PURPA): December 18th National Association of Regulatory Utility Commissioners Letter...

The National Association of Regulatory Utility Commissioners (“NARUC”) sent a December 18th letter to the Chairman and Members of the Federal Energy Regulatory Commission (“FERC”) advocating changes to the Public Utility...more

Akin Gump Strauss Hauer & Feld LLP

The PURPA Modernization Act of 2017: Proposed Reforms and Potential Implications

On November 29, 2017, Rep. Tim Walberg (R-MI) introduced H.R. 4476, the PURPA Modernization Act of 2017 (the “Act”), which, if enacted, would significantly change the Public Utility Regulatory Policies Act of 1978 (PURPA)....more

Perkins Coie

FCC Thwarted in Efforts to Preempt State Broadband Laws

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The U.S. Court of Appeals for the Sixth Circuit has struck a major blow to the FCC’s efforts to remove barriers to broadband service and promote competition in broadband markets. In State of Tennessee v. FCC, the court...more

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