New Court Decision Opens Door to Broader Assertion of Jurisdiction by FERC over Governmental Entities

The U.S. Court of Appeals for the D.C. Circuit issued a decision recently finding that the Federal Energy Regulatory Commission (“FERC”) had authority to order the Bonneville Power Administration (“BPA”) to pay money to a public utility.  This holding is significant because BPA is a governmental entity exempt from FERC’s…

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Energy Companies Need to Ready Themselves for New CFTC Position Limits Regime

A recent public statement by Timothy Massad, the Chairman of the Commodity Futures Trading Commission (“CFTC” or “Commission”) indicates that the CFTC still plans to finalize its position limits rule before the end of the year. The rule, which is many years in the making, has taken multiple forms since…

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The United States Court of Appeals for the Fifth Circuit Remands FERC Orders Addressing Participation by Non-Jurisdictional Utilities in the WestConnect Transmission Planning Region and Re-Opens Cost Allocation Issue.

On August 8, 2016, the United States Court of Appeals for the Fifth Circuit (“Fifth Circuit” or “Court”) issued a Decision on El Paso Electric Company’s (“El Paso”) petitions for review of FERC Orders addressing compliance with the requirements of Order No. 1000, et al., in the WestConnect planning region….

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New Federal Reserve Board Rule Demonstrates Why Electric Utilities Must Expand Their Monitoring and Compliance Programs Beyond FERC

    Electric utility compliance programs typically cover regulatory requirements imposed by the Federal Energy Regulatory Commission (“FERC”) under the Federal Power Act or Natural Gas Act and, more recently, by the Commodity Futures Trading Commission (“CFTC”) under the Dodd-Frank Act.  Regulations issued by those two commissions are monitored closely….

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Jennings Strouss Attorneys Recognized in 2016 Washington D.C. Super Lawyers®

WASHINGTON, D.C. (April 26, 2015) – Jennings, Strouss & Salmon, PLC announced that attorneys Debra D. Roby, Joel L. Greene, Gary J. Newell, Alan I. Robbins and Deborah A. Swanstrom have been listed in the 2016 Washington DC Super Lawyers® in the area of Energy and Natural Resources. Debra D….

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Debbie A. Swanstrom & Andrea I. Sarmentero Garzón Featured in District Energy Magazine

Jennings, Strouss & Salmon energy attorneys, Debbie A. Swanstrom & Andrea I. Sarmentero Garzón , are featured in the latest edition of District Energy magazine.

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CFTC Revamps Its Swap Data Reporting Regulations

        The Commodity Futures Trading Commission (CFTC) is proposing amendments to its Part 45 swap data reporting regulations related to cleared swaps. The amendments primarily affect swap data repositories (SDRs), derivatives clearing organizations (DCOs), designated contract markets (DCMs), swap execution facilities (SEFs), swap dealers (SDs), and major…

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Jennings Strouss Attorney Debbie Swanstrom to Present at ACI’s National Forum on Energy Trading

Jennings Strouss energy attorney Debbie Swanstrom will be speaking at the American Conference Institute’s 11th National Forum on Energy Trading Compliance & Regulatory Enforcement Summit held on July 21st and 22nd in Houston, Texas. Debbie will be presenting, “What Is the Basic Minimum Necessary to Keep Small Market Participants in…

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CFTC Plans To Lighten Regulatory Burdens on End-Users Trading Commodity

          On April 30, 2015, the Commodity Futures Trading Commission (“Commission” or “CFTC”) issued a notice of proposed rulemaking to amend its commodity trade option regulation. The proposed changes are intended to reduce recordkeeping and reporting obligations for physical commodity option transactions between commercial end-users which…

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FERC Accepts Pro Forma Agreement for Transmission Project Developers in the CAISO, Enabling New Opportunity to Join the CAISO Only as a Partial Participating Transmission Owner

The Federal Energy Regulatory Commission (“FERC” or “Commission”) accepted, subject to certain conditions, the California Independent System Operator Corporation (“CAISO”) proposed pro forma Approved Project Sponsor Agreement (“APSA”) to be added as Appendix X to its Open Access Transmission Tariff (“Tariff”). See California Independent System Operator, 149 FERC ¶ 61,107 (2014).

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FERC Approved First Pilot Project to Test the Fast-Track Licensing Process Provided in the Hydropower Regulatory Efficiency Act of 2013

The Federal Energy Regulatory Commission (“FERC” or “Commission”) approved this week the first pilot project to test a fast-track licensing process for hydropower development pursuant to the Hydropower Regulatory Efficiency Act of 2013 (the “Act”).

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Jennings Strouss Attorneys Recognized in 2014 Washington DC Super Lawyers®

Washington, D.C. (May 5, 2014) – Jennings, Strouss & Salmon, PLC announced that Debra D. Roby, Joel L. Greene, Alan I. Robbins and Deborah A. Swanstrom have been listed in the 2014 Washington DC Super Lawyers® in the area of Energy and Natural Resources. Roby is Chair of the firm’s Energy practice group and has extensive experience representing clients before the…

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FERC Requests Industry Input on Gas-Electric Coordination and Initiates a Paper Hearing on Electric Scheduling

Natural gas is fuel increasingly used to generate electricity. To better coordinate the scheduling timelines and practices of natural gas pipelines with electric utilities, the Federal Energy Regulatory Commission (“FERC”) issued two significant orders. First, FERC issued a notice of proposed rulemaking on the Coordination of the Scheduling Processes of…

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New Laws Promote Development of Small Hydropower Projects

Hydropower supplies about seven percent of the U.S. electricity demand and is currently the nation’s largest source of renewable carbon-free energy. The operational flexibility that pumped storage hydropower projects provide to the grid, by responding rapidly to supply and demand imbalances and maintaining power system stability, is particularly beneficial. Yet,…

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Top Ten Things Every Governmental Utility Needs To Know About Compliance With CFTC Recordkeeping And Reporting Requirements, As Well As Trading With Swap Dealers

Jennings, Strouss & Salmon attorney Debbie A. Swanstrom recently presented the topic, “Now What? CFTC Obligations and Compliance in the Age of Swaps,”at the APPA Legal Seminar in Seattle, WA. Here are highlights from her presentation: TOP TEN THINGS EVERY GOVERNMENTAL UTILITY NEEDS TO KNOW ABOUT COMPLIANCE WITH CFTC RECORDKEEPING…

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Jennings Strouss Attorneys Will Present at Upcoming APPA Legal Seminar

Jennings, Strouss & Salmon attorneys will be presenting at the upcoming APPA Legal Seminar held on October 20-23, 2013 in Seattle, WA. APPA’s Legal Seminar is an educational and professional development opportunity for attorneys as well as senior and mid-level utility managers and elected and appointed officials who oversee utility…

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CFTC Reporting Obligations Begin for End-Users Engaging in Energy Commodity Swaps

There are three basic types of transactional reporting requirements imposed by the Commodity Futures Trading Commission (“CFTC”) in regulations implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), including reporting of: (1) historical swaps; (2) new swaps; and (3) commodity trade options.  Following the issuance of temporary…

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Jennings Strouss Attorneys Recognized in 2013 Washington DC Super Lawyers®

Washington, D.C. (May 10, 2013) – Jennings, Strouss & Salmon, PLC announced that Debra D. Roby, Joel L. Greene, Alan I. Robbins and Deborah A. Swanstrom have been listed in the 2013 Washington DC Super Lawyers® in the area of Energy and Natural Resources. Roby is Chair of the firm’s…

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Jennings Strouss Energy Attorney Deborah A. Swanstrom Featured in District Energy Magazine

Jennings Strouss energy attorney Deborah A. Swanstrom is featured in the Second Quarter 2013 edition of District Energy magazine in an article entitled, “Dodd-Frank Act Extends Beyond Wall Street to Main Street: Why you may need to report your fuel supply and electricity transactions.” Click here to read the full…

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