Electric Power Industry
Issue Alerts
D.C. Circuit Vacates EPA’s Exemption for Excess Emissions During Startup, Shutdown and Malfunction Episodes for Major Sources of Air Toxics
Britt Fleming, Tomas CarbonellDecember 23, 2008
On December 19, 2008, the U.S. Court of Appeals for the District of Columbia Circuit vacated a major Environmental Protection Agency rule exempting large industrial sources from the Clean Air Act’s standards for hazardous air pollutants (HAPs) during periods of startup, shutdown and malfunction (Sierra Club v. EPA, No. 02-1135 (D.C. Cir. Dec. 19, 2008). Unless the decision is vacated by the Court of Appeals on rehearing or by the Supreme Court on certiorari, the decision will dramatically change the regulatory framework for HAPs emitted by large industrial sources.
Post-Election Update
Edited by Curt RichNovember 6, 2008
Democrats captured the White House and substantially improved their majorities in the U.S. Senate and House of Representatives during Tuesday’s national elections. President-elect Barack Obama and his team plan to move quickly with a transition plan, with key cabinet positions possibly being announced as early as next week.
FERC Issues Policy Statement on Key Elements of Compliance Programs
Doug Smith, Vincenzo Franco, Shay MillerOctober 21, 2008
FERC issued a Policy Statement on Compliance, which provides additional guidance on the key elements of internal compliance programs that FERC will consider in deciding whether to reduce or forego potential civil penalties for violations.
FERC Issues Revised Standards of Conduct for Transmission Providers
Susan Olenchuk, Mike ChaseOctober 21, 2008
FERC issued a final rule revising the Standards of Conduct for Transmission Providers, applicable to interstate natural gas pipelines regulated under the Natural Gas Act and public utilities regulated under the Federal Power Act. The revised Standards have three core elements: an independent functioning rule, a transparency rule, and a no-conduit rule. Transmission Providers may seek waivers. The new rules become effective 30 days after publication in the Federal Register, except that employees must be trained on the rule’s requirements within 60 days of the rule’s publication.
Supreme Court Clarifies the Mobile-Sierra Doctrine’s Public Interest Standard
Howard Shapiro, Emily PitlickJuly 1, 2008
The Supreme Court has clarified the Mobile-Sierra doctrine’s public interest standard in cases involving negotiated contracts challenged under the “just and reasonable” standards of sections 205 and 206 of the Federal Power Act. Morgan Stanley Capital Group, Inc. v. Public Utility District No. 1, No. 06-1457.
Articles
Railroad Transportation of Nuclear Waste and Other Hazardous Materials
Michael McBrideThe Electricity Journal
April 2008
Railroads continue to have duties to shippers and the public, and they may not take the law into their own hands. Except for emergencies – and then only for the duration of the emergency – they must carry all commodities without regard to whether they are dangerous, unless the proper agency of the federal government has relieved them of that obligation.
U.S. Climate Change Policy Will Drive Significant Investment Opportunities in Traditional and Alternative Energy
Ben McMakin and Janet AndersonManaged Funds Association Reporter
April 2008
A new President and the likelihood of more Democrats in the House and Senate may tip the balance of power in energy debates from traditional oil and gas interests to proponents of new energy sources and cleantech goods and services. While we watch the election unfold, and as the rhetorical battles over energy policy continue in Washington, D.C., climate change legislation looms largest of all the energy debates.
Seminars & Events
APPA 2008 Legal Seminar
The Broadmoor Hotel, Colorado Springs, COOctober 26, 2008
David Yaffe, Pam Anderson, and Rick Agnew are attending. Van Ness Feldman is a Diamond sponsor.
American Public Power Association
Annual MeetingNew Orleans, LA
June 23, 2008
David Yaffe presented on "Legal Obligations of Public Power Utility Directors" at this year's American Public Power Association Annual Meeting in New Orleans, Louisiana.
Electric Energy: Markets, Regulation and Investment
Capital Hilton Hotel, Washington, DCMarch 3, 2008
Van Ness Feldman's Douglas Smith and Kyle Danish will be two of the Program Co-Chairs. Mr. Smith will speak at 10:45 AM on March 3 during the session "Electricity Utility Regulation: Current Regulatory Challenges". Mr. Danish will speak at 3:15 PM on March 3 during the session entitled "Climate Change and Strategies for Electric Utilites and their Regulators".