News & Analysis as of

Energy Sector Federal Power Act Power Plants

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

Federal Power Act/U.S. Department of Energy: Duke Energy Carolinas Emergency Order Authorizes Maximum Utilization of Specified...

The United States Department of Energy (“DOE”) issued to Duke Energy Carolinas, LLC (“Duke”) an Emergency Order (“EO”) to what is described as potential grid shortfall issues in the southeast United States. See Department of...more

K&L Gates LLP

Distressed Solutions: Energy Bankruptcies and the Intersection of Contract Rejection and FERC

K&L Gates LLP on

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

Akin Gump Strauss Hauer & Feld LLP

Second Circuit Joins Seventh Circuit in Upholding Constitutionality of ZECs, Ending the Current Preemption Fight Against Nuclear...

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

Stinson LLP

Surprise DOE Proposal Presses FERC to Provide Full Cost Recovery for Reliability Attributes of Generators in Bulk Power Markets

Stinson LLP on

On September 29, 2017, the Department of Energy (DOE) issued what DOE variously describes as a Notice of Proposed Rulemaking (NOPR) and a directive (Grid Resiliency Pricing Rule) that will involve DOE in wholesale electric...more

Cadwalader, Wickersham & Taft LLP

DOE Directs FERC to Issue Rule to Set Cost-Based Rates for Baseload Plants

On September 28, 2017, the Department of Energy (“DOE”) issued a Notice of Proposed Rulemaking (“NOPR”) proposing that Federal Energy Regulatory Commission (“FERC”) exercise its authority under sections 205 and 206 of the...more

Stoel Rives - Renewable + Law

Another Court Upholds a State Generation Program and Dismisses Challenges to Illinois’ Nuclear Subsidies

On July 14, 2017, and several weeks after the Second Circuit rejected challenges to Connecticut’s renewable energy procurement process and renewable energy credit program (see Allco Fin. Ltd. v. Robert J. Klee (Docket Nos....more

Stinson LLP

Supreme Court Hands FERC Win on Authority Over Capacity Markets

Stinson LLP on

With its decision on Tuesday, April 20 in Hughes v. Talen Energy Marketing, the Supreme Court issued its second significant holding of the year on the reach of federal authority over interstate wholesale sales markets. The...more

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