Morgan Lewis

Energy

Publications of Interest

263 Publications Found
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05/22/12 FERC Denies Rehearing of Order No. 1000

LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Glen Bernstein, Levi McAllister

Pre-Order No. 1000 transmission planning and cost-allocation requirements are inadequate and a possible threat to the development of efficient or cost-effective transmission.

05/09/12 FERC Denies Market-Based Rate Application

LawFlash/Client Alert | Energy LawFlash
Christina Vitale, Mark Haskell, Levi McAllister, Charles Moore

Failure to provide detailed cost data relating to the provision of oil transportation service causes FERC to deny a pipeline's request to charge market-based initial rates.

05/08/12 Federal Agencies Move to Regulate Aspects of Hydraulic Fracturing

LawFlash/Client Alert | Environmental LawFlash
Ronald Tenpas, Charles Moldenhauer

The U.S. Department of the Interior issues proposed rules for hydraulic fracturing on federal and Indian lands; the U.S. Environmental Protection Agency issues draft Underground Injection Control program permitting guidance for wells that use diesel fuels.

04/20/12 OSHA Strengthens DOL's Whistleblower Protection Program

LawFlash/Client Alert | Labor and Employment LawFlash
Labor and Employment Practice

New initiatives bolster whistleblower program and challenge commonly used safety incentive programs; employers should reevaluate their programs and be prepared for extensive investigations.

04/17/12 FERC Approves LNG Export Project

LawFlash/Client Alert | Energy LawFlash
Mark Haskell, Pamela Tsang, Brett Snyder

Sabine Pass is granted an NGA Section 3 authorization to site, construct, and operate facilities to liquefy and export domestically produced natural gas.

04/03/12 FERC Upholds Postage Stamp Cost Allocation Methodology

LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Glen Bernstein, John McGrane

Countering an earlier remand from the Seventh Circuit, the Commission explains why a regional transmission organization should use a postage stamp methodology to allocate the costs of its new high-voltage transmission lines.

03/16/12 FERC Grants NERC Enforcement Discretion over Low-Risk Violations

LawFlash/Client Alert | Energy LawFlash
Stephen Spina, J. Daniel Skees, John McGrane

Approval of NERC's "Find, Fix & Track" procedure affirms NERC's efforts to streamline the resolution of low-risk Reliability Standard violations.

03/12/12 FERC and Constellation Energy Commodities Group Settle Investigation

LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Mark Haskell, George Billinson, Levi McAllister

A $135 million civil penalty is issued, along with $110 million in disgorgement of unjust profits, to resolve investigation into alleged electric energy market manipulation.

03/01/12 FERC Rejects Charges to GFAs for New Regional Transmission Projects

LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Glen Bernstein, Joseph Lowell

FERC concludes that MISO's proposed tariff revisions do not provide a new service to GFA customers and that MISO failed to meet the public interest standard necessary to modify the services under GFAs.

02/21/12 Cybersecurity Act of 2012 Introduced

LawFlash/Client Alert | Energy LawFlash
Stephen Spina, J. Daniel Skees

Bill would significantly expand federal regulation of cybersecurity for critical infrastructure protection; NERC CIP requirements likely unaffected.

02/17/12 FERC Addresses Uncertainty Around Simultaneous Locational Exchanges

LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Levi McAllister, John McGrane

FERC determines that simultaneous locational exchanges that involve a merchant function's affiliated transmission provider's transmission system require prior approval.

02/17/12 FERC Reaffirms Policy for Assessing Horizontal Market Power

LawFlash/Client Alert | Energy LawFlash
Stephen Mahinka, Floyd Norton, IV, Michael Griffen

FERC retains existing market power analytical framework in a new order.

02/10/12 Audit Evaluates Compliance with Accounting and Reporting Regulations

LawFlash/Client Alert | Energy LawFlash
Glen Bernstein, Pamela Tsang, John McGrane

The Division of Audits addresses deficiencies in the AFUDC rate computation.

02/07/12 Managing Regulatory Impact on Generators, presented at the Generation Summit 2012, San Antonio, TX

Presentation | Speech
Stephen Spina

02/03/12 FERC Staff Proposes Process on Advising EPA on Extension Requests

LawFlash/Client Alert | Energy LawFlash
Glen Bernstein, Pamela Tsang

Industry comments requested on procedures for considering the reliability impacts of generator outages and retirements.

02/02/12 Instructor, U.S. and Canadian Oil Pipeline Regulations, EUCI Conference, Denver, CO

Presentation | Speech
Mark Haskell

02/01/12 Recent SEC Regulation FD Enforcement Action Relevant to Redemptions

LawFlash/Client Alert | Energy Transactions LawFlash
Stephen Kinney, Jr., Thomas Giblin, Jr.

Utility and other energy companies that have publicly held securities outstanding need to consider SEC disclosure requirements if they plan to redeem these securities.

01/19/12 Hydraulic Fracturing, Part 3: Private Litigation and Hydraulic Fracturing

Presentation | Webinar
Steven Luxton, Andrew Knuth, W. Nes

The third and final part of our webinar series on hydraulic fracturing, "Private Litigation and Hydraulic Fracturing," discussed private litigation surrounding fracking, including tort and commercial lawsuits. Topics covered i... more

12/08/11 Commission Orders BPA to Provide Comparable Transmission Access

LawFlash/Client Alert | Energy LawFlash
Stephen Spina, Glen Bernstein, Pamela Tsang, John McGrane

On December 7, the Federal Energy Regulatory Commission (Commission) used its authority under Section 211A of the Federal Power Act to direct Bonneville Power Administration (BPA) to submit a revised Open Access Transmission Tar... more

2011 Co-author, American Gas Association FERC Manual: A Guide for Local Distribution Companies, 2nd Edition

Outside Publication | Book
Scott Looper

11/10/11 Hydraulic Fracturing, Part 2: Regulatory, Enforcement, and Legislative Trends in Hydraulic Fracturing

Presentation | Webinar
Ronald Tenpas, Alex Polonsky

The second part of our webinar series on hydraulic fracturing, "Regulatory, Enforcement, and Legislative Trends in Hydraulic Fracturing," discussed past, present, and expected future congressional and federal agency efforts to ... more

10/27/11 Fifth Circuit Vacates Intrastate Pipeline Posting Requirements Under FERC Order Nos. 720 and 720-A

LawFlash/Client Alert | Energy LawFlash
Mark Haskell, Levi McAllister, Pamela Tsang, Brett Snyder

On October 24, the United States Court of Appeals for the Fifth Circuit in Texas Pipeline Association v. Federal Energy Regulatory Commission [1] held that the Federal Energy Regulatory Comm... more

10/26/11 FCC Regulation Affecting Electric and Gas Utility Companies

Presentation | Webinar
Brett Snyder

In this webinar, Morgan Lewis of counsel Brett Snyder discussed Federal Communications Commission (FCC) regulation of electric and natural gas utilities. The webinar covered the FCC’s pre-approval requirements for tran... more

10/26/11 The Update on Uprates, presented at an NEI Lawyers Committee Meeting

Presentation | Speech
Alex Polonsky

10/20/11 CFTC Issues Final Regulations on Position Limits for Futures and Swaps

LawFlash/Client Alert | Energy LawFlash
Mark Haskell, Fred Fielding, Levi McAllister

On October 18, the Commodity Futures Trading Commission (CFTC) issued a Final Rule codifying regulations that establish limits on speculative positions in 28 physical commodity futures contracts traded pursuant to the rules of a... more

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