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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Gary J. Newell Featured in District Energy Magazine

    Jennings, Strouss & Salmon energy attorney Gary J. Newell is featured in the latest issue of District Energy Magazine. Read the full article: FERC in the crossfire as PURPA debate heats up

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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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The United States Supreme Court Limited the Ability of States to Promote Generation Development

A unanimous decision of the United States Supreme Court issued on April 19, 2016 in Hughes v. Talen Energy held that the State of Maryland’s program to promote development of in-state electric generation assets is preempted by federal law because it “sets” interstate wholesale rates under FERC’s exclusive jurisdiction. The Court, however,…

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Gary J. Newell Featured in District Energy Magazine

      Jennings, Strouss & Salmon energy attorney, Gary J. Newell is featured in the latest edition of District Energy magazine. Read the full article: CHP, demand response and the Supreme Court’s decision in FERC v. EPSA

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FERC Refines Pipeline Cost-Allocation Policies in Order on Remand

In a recent Order on remand from the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”),[1] the Federal Energy Regulatory Commission (“Commission”) reversed its earlier decisions and determined that  the rolled-in vs. incremental rate policies  established in its 1999 Certificate Policy Statement[2] do not justify…

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