News & Analysis as of

Power Plants Federal Power Act Utilities Sector

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

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

Moore & Van Allen PLLC

Supreme Court Continues to Stake Out FERC Jurisdiction, Invalidates State Gas-Fired Power Plant Incentive Program

Moore & Van Allen PLLC on

In an opinion unanimous in judgment (albeit with two concurring opinions), the U.S. Supreme Court recently reiterated the reach of the Federal Energy Regulatory Commission’s (FERC) jurisdiction over interstate wholesale...more

Orrick, Herrington & Sutcliffe LLP

U.S. Supreme Court Invalidates Maryland Program that Supplements FERC-Approved Capacity Payments

In a unanimous opinion issued on April 19, the U.S. Supreme Court invalidated a Maryland program designed to incentivize construction of a new natural gas plant. The Court concluded that the program infringed upon the...more

McCarter & English, LLP

EPA Clean Power Plan Considerations: Wheeling Renewable Power

McCarter & English, LLP on

Here’s what you need to know about the opportunities and regulatory impacts. Investment in renewable generating capacity is a key building block of the U.S. Environmental Protection Agency’s (“EPA’s”) Clean Power Plan to...more

Orrick, Herrington & Sutcliffe LLP

FERC Proposes New Policy Restricting Third-Party Use of Interconnection Facilities

On May 15, 2014, the Federal Energy Regulatory Commission (FERC) proposed new rules and policies that would make it easier for the developers of non-utility transmission lines that connect their power projects to the grid to...more

Akin Gump Strauss Hauer & Feld LLP

New York Association of Public Power Files Complaint to Reduce Niagara Mohawk Power Corporation’s ROE

On February 6, 2014, the New York Association of Public Power (NYAPP) filed a second complaint (Second Complaint) against Niagara Mohawk Power Corporation d/b/a National Grid (NMPC) asking the Federal Energy Regulatory...more

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