Tahmidur Remura Dewey LeBoeuf – Energy Regulatory

FERC Is Serious About Enforcing Its Rules and Regulations – Are Companies Ready?

Sun, 26 Apr 2009 22:29:13 GMT

This article appeared in the ATLP Highlights edition of September to October 2007, written by Elias G. Farrah and Sonia C. Mendonca.

The World of ‘Green’ Impacts Commercial Leasing

Sun, 26 Apr 2009 22:29:59 GMT

New York Partner Peter S. Britell’s article, with assistance from Jennifer B. Magalhaes, from the New York Law Journal.

Tahmidur Remura Dewey LeBoeuf Opens Dubai Office

Sun, 26 Apr 2009 22:30:55 GMT

(New York, NY – January 22, 2008) – Dewey & LeBoeuf LLP announces that it has opened a full service office in Dubai, with a primary focus on corporate finance, including capital markets, mergers and acquisitions and Islamic finance, project development and finance, energy transactional work and investment funds. The office will initially have three resident partners, Federico Salinas, Chris P. Sioufi and Gavin Watson.

Tahmidur Remura Dewey LeBoeuf Advises Adwea on Innovative Sewage Treatment Boot Project

Sun, 26 Apr 2009 22:30:56 GMT

(Abu Dhabi/London – June 18 2008) – Dewey & LeBoeuf has advised the Abu Dhabi Water and Electricity Authority (ADWEA), the emirate-owned provider of water and electricity, and its wholly owned subsidiary, Abu Dhabi Sewerage Services Company (ADSSC), on the development of two greenfield sewage treatment plants, one located at Al Wathba, Abu Dhabi and the other at Al Saad, Abu Dhabi.

Challenges of Hydroelectric Compliance: Best Management Practices for Licensees

Mon, 01 Jun 2009 16:47:54 GMT

The owners and operators of hydroelectric projects face an increasingly costly and complex compliance regime imposed by the Federal Energy Regulatory Commission ("FERC" or "Commission") through licenses issued pursuant to Part I of the Federal Power Act ("FPA"). This paper provides an overview of the sources of those compliance obligations, FERC’s oversight of hydroelectric projects, and the tools available to project owners and operators to overcome the challenges of hydroelectric compliance.

FERC Proposes New Transparency Rules for Intrastate Natural Gas Pipelines

Mon, 01 Jun 2009 16:47:54 GMT

This article appeared in the ATLP Highlights edition of July to August 2007, written by Elias G. Farrah and Brett A. Snyder.

FERC’s Order No. 890: Open Access Transmission Tariff Reform

Mon, 01 Jun 2009 16:47:54 GMT

Gas Regulation 2008

Mon, 01 Jun 2009 16:47:54 GMT

Dewey & LeBoeuf in "The International Comparative Legal Guide to Gas Regulation 2008," published by Global Legal Group.

Global Legal Group: Questions for the International Comparative Legal Guide to: Gas Regulation 2008

Mon, 01 Jun 2009 16:47:54 GMT

This article is written by Scott J. Mueller and Elias G. Farrah dated January 2008 for the USA gas chapter.

The New Era in Transmission Infrastructure Investment Incentives

Mon, 01 Jun 2009 16:47:56 GMT

This article was written by Elias G. Farrah and Rebecca J. Michael appeared in the ATLP Highlights edition of May 2007.

The Transition to Mandatory Reliability Standards

Mon, 01 Jun 2009 16:47:56 GMT

This article was written by Elias G. Farrah and Rebecca J. Michael appeared in the ATLP Highlights edition of October 2007.

The World of ‘Green’ Impacts Commercial Leasing

Mon, 01 Jun 2009 16:47:56 GMT

New York Partner Peter S. Britell’s article, with assistance from Jennifer B. Magalhaes, from the New York Law Journal.

Transmission Investment Through Pricing Reform

Mon, 01 Jun 2009 16:47:56 GMT

This article was written by Elias G. Farrah and Rebecca J. Michael appeared in the ATLP Highlights edition of July 2007.

Update: Transmission Investment Through Pricing Reform

Mon, 01 Jun 2009 16:47:56 GMT

This article was written by Elias G. Farrah and Rebecca J. Michael appeared in the ATLP Highlights edition of April 2007.

Brazil’s New Natural Gas Law

Thu, 18 Jun 2009 16:29:30 GMT

FERC Proposes Liberalizing Interstate Natural Gas Pipeline Capacity Release Rules

Thu, 18 Jun 2009 16:29:34 GMT

VOLT: an update on recent energy capital markets developments

Mon, 22 Jun 2009 10:38:14 GMT

VOLT: an update on recent energy capital markets developments

Tue, 23 Jun 2009 19:32:32 GMT

DOE Transmission Planning Funding Opportunity

Wed, 24 Jun 2009 23:24:36 GMT

DOE Announces New Smart Grid Funding Opportunities

Fri, 26 Jun 2009 17:48:25 GMT

Climate Change Legislative Update: House of Representatives Passes Comprehensive Climate and Energy Legislation

Mon, 29 Jun 2009 17:55:05 GMT

Treasury Publishes Guidelines for Renewable Energy Cash Grant Program

Mon, 13 Jul 2009 19:54:07 GMT

President Jacob Zuma Announces Fourth Post-Apartheid Cabinet

Thu, 23 Jul 2009 18:22:51 GMT

The Impact Of House Climate Legislation On FERC

Mon, 03 Aug 2009 14:33:12 GMT

Now that the House has passed the American Clean Energy and Security Act of 2009 (ACES) and parallel legislation is making its way through the Senate process, it is appropriate to consider what roles the Federal Energy Regulatory Commission may assume if a climate change law is enacted.

FERC and The Financial Crisis

Mon, 17 Aug 2009 16:43:31 GMT

Law360, New York (December 15, 2008) — In its issuances to date, the Federal Energy Regulatory Commission (“FERC” or “Commission”) has referred to the financial crisis infrequently. Two Commission orders, however, do discuss the crisis in some detail, with one such discussion appearing in a dissent. Also, FERC has scheduled a technical conference for Jan. 13, 2009 to cover “long-term capital financing” and “short-term credit issues.”

DOE Designates National-Interest Transmission Corridor

Mon, 17 Aug 2009 16:43:37 GMT

The DOE on Oct. 5 published its report and order designating two National Interest Electric Transmission Corridors (NIETCs) under the Energy Policy Act of 2005 (EPAct 2005) – the Mid-Atlantic Area NIETC, which includes the Atlantic coastal area from metropolitan New York through northern Virginia; and the Southwest Area NIETC, including parts of southern California and Arizona.

FERC Sets New Transparency Rules For Intrastate Natural Gas Pipelines

Mon, 17 Aug 2009 16:43:37 GMT

The FERC, in April, issued a notice of proposed rulemaking regarding natural gas transportation that exercises its expanded market transparency authority under § 23 of the Natural Gas Act (NGA), a section newly added by the Energy Policy Act of 2005. See, 18 CFR Parts 260 & 284 Transparency Provisions of § 23 of the Natural Gas Act; Transparency Provisions of the Energy Policy Act, 119 FERC ¶ 61,068 (2007).

Supreme Court to Review Finality of Power Contracts

Mon, 17 Aug 2009 16:43:37 GMT

On January 19, 2008, the United States Supreme Court heard oral argument regarding the finality of fixed-rate, forward power contracts. At issue was whether the rates for such contracts could be modified on the grounds that there was a dysfunctional market place at the time of execution, which resulted in unjust and unreasonable rates. The Supreme Court’s forthcoming decision implicates the long-standing Mobile-Sierra doctrine, which generally holds that the rates in contracts cannot subsequently be altered absent a showing that such modification is required by the public interest.

FERC and The Financial Crisis

Mon, 17 Aug 2009 16:43:37 GMT

FERC Acts Under the Transparency Provisions of the Natural Gas Act to Issue a Rulemaking Final Order Adding New Posting Requirements for Natural Gas Pipelines

Mon, 17 Aug 2009 16:43:37 GMT

On November 20, 2008, the Federal Energy Regulatory Commission (FERC or Commission) issued a rulemaking final order, Order No. 720, adding new internet posting requirements for interstate and major non-interstate (mostly intrastate) pipelines. Order No. 720 implements section 23 of the Natural Gas Act (NGA), 15 U.S.C. § 717t-2, which authorizes FERC to “facilitate price transparency in markets for the sale or transportation of physical natural gas in interstate commerce.” Section 23, added to the NGA by the Energy Policy Act of 2005, also gives FERC responsibility for collecting and disseminating “information about the availability and prices of natural gas at wholesale and in interstate commerce.” These informational posting requirements are yet another step in the direction of increasing public access to transportation or transmission related information. The Commission maintains that these additional requirements will help market participants better assess the effect that non-interstate pipeline gas flows have on prices in the interstate wholesale gas market.

FERC Initiates Proceedings on Smart Grid Policy

Fri, 11 Sep 2009 18:00:17 GMT

On March 19, 2009, FERC issued a Proposed Policy Statement and Action Plan (Proposed Policy Statement) providing guidance to the industry and to inform the development of a smart grid for the United States’ electric transmission system. Smart Grid investments are expected to apply digital technologies to the grid and enable real-time coordination of information from generation supply resources, demand resources and distributed energy resources, to increase the efficiency of the grid and result in savings in the provision of electric service. FERC’s actions address the mandate under the Energy Independence and Security Act of 2007 (EISA) that FERC adopt standards and protocols to ensure smart grid functionality and interoperability in interstate transmission of electric power and in regional and wholesale electric markets.

Second Circuit Vacates Issuance of Hydroelectric License Based on FERC’s Procedural Missteps

Mon, 21 Sep 2009 12:51:18 GMT

South Africa’s REFIT Programme Starts to Take Shape

Tue, 22 Sep 2009 10:56:27 GMT

Climate Change Legislative Update: H.R. 2545 Reported Out of Committee

Wed, 23 Sep 2009 15:44:43 GMT

Legislative Update: Waxman and Markey Introduce Climate Change, Renewable Electricity and Carbon Capture Legislation

Wed, 23 Sep 2009 15:49:32 GMT

U.S. Supreme Court Preserves Mobile-Sierra Doctrine

Thu, 08 Oct 2009 16:49:01 GMT

Update: American Recovery and Reinvestment Act of 2009: Energy Provisions and Summary Chart

Wed, 14 Oct 2009 12:18:55 GMT

Update – American Recovery and Reinvestment Act of 2009: Key Water & Wastewater Provisions

Wed, 14 Oct 2009 12:21:08 GMT

Transmission Update: FERC Adopts Increased Flexibility in Granting Negotiated Rate Authority for Merchant Transmission Projects; Court Ruling Undercutting FERC Transmission Siting Authority; Continued Effort for National RPS Standard

Thu, 22 Oct 2009 12:31:32 GMT

2007 – The Year of the Financial Buyer

Fri, 23 Oct 2009 11:05:15 GMT

2008 – A Year Like No Other: Consolidation Continues Amid Turmoil And Uncertainty

Fri, 23 Oct 2009 11:30:06 GMT

Federal Energy Regulatory Commission

Mon, 26 Oct 2009 12:57:27 GMT

The Federal Energy Regulatory Commission (FERC) has shown an increased focus on demand response in wholesale electricity markets in the last few years. This is reflected in a number of initiatives, ranging from measures that are intended to provide a better sense of the potential impact of demand response and current barriers to participation in wholesale markets to measures requiring reforms to tariff language designed to broaden demand response participation in certain markets.

Federal Energy Regulatory Commission – Continued Focus

Mon, 26 Oct 2009 12:58:07 GMT

Continuing with its focus on increasing transparency in natural gas transportation activities, on July 16, 2009, as supplemented on August 26, 2009, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Proposed Rulemaking (“NOPR”) seeking comments on proposed contract reporting requirements that would apply to intrastate pipelines providing interstate services pursuant to section 311 of the Natural Gas Policy Act (“NGPA”) and Hinshaw pipelines providing interstate services subject to FERC’s jurisdiction. In the NOPR, FERC proposed to require intrastate and Hinshaw pipelines, defined below, to file quarterly reports of all transportation and storage transactions. The reports would be submitted electronically and would be publicly available on the FERC Web site.

The Federal Energy Regulatory Commission Revises its Standards of Conduct for Transmission Providers

Mon, 02 Nov 2009 17:06:00 GMT

The Federal Energy Regulatory Commission Finalizes its Rule to Improve the Operations of Organized Wholesale Electric Markets

Tue, 03 Nov 2009 12:41:07 GMT

House Climate Legislation Creates New Roles for the Federal Energy Regulatory Commission

Mon, 09 Nov 2009 12:33:43 GMT

Tahmidur Remura Dewey LeBoeuf Promotes Ten Local Partners and Six Counsel

Wed, 18 Nov 2009 14:48:45 GMT

(New York, January 23, 2009) – Dewey & LeBoeuf LLP Chairman Steven H. Davis announced that that firm has promoted ten new local partners and six counsel effective immediately. The new local partners are located in the firm’s Frankfurt, Milan, Moscow, Paris and Warsaw offices, while the counsel are in Almaty, Boston, New York and Moscow

Tahmidur Remura Dewey LeBoeuf Promotes 20 to Partnership

Wed, 18 Nov 2009 16:41:43 GMT

(New York, December 8, 2008) – The international law firm Dewey & LeBoeuf LLP today announced that the firm has appointed 20 new partners globally, effective January 1, 2009.

Tahmidur Remura Dewey LeBoeuf Advises Chevron On The Sale Of Its West African Fuels Marketing Businesses

Wed, 18 Nov 2009 16:52:29 GMT

(Paris, October 1, 2008) – Dewey & LeBoeuf is advising Chevron in connection with the sale of its fuels marketing affiliates in six west African countries.

Public Utilities Fortnightly Recognizes William S. Lamb as "Groundbreaking Lawyer"

Mon, 23 Nov 2009 13:46:28 GMT

FERC’s Focus on Demand Response

Tue, 01 Dec 2009 15:17:45 GMT

The Federal Energy Regulatory Commission (FERC) has shown an increased focus on demand response in wholesale electricity markets in the last few years. This is reflected in a number of initiatives ranging from measures to provide a better sense of the potential impact of demand response and current barriers to participation in wholesale markets, to measures requiring tariff language reforms to broaden demand response participation.

FERC Proposes Credit Policy Changes for Centralized Energy Markets

Thu, 28 Jan 2010 15:04:52 GMT

Financial Institutions Obtain Increased Flexibility to Invest in Utility Voting Securities

Tue, 02 Feb 2010 17:25:20 GMT

AGA Releases FERC Manual for Natural Gas Utilities Users’ Forum to Be Held March 31

Wed, 03 Feb 2010 17:10:13 GMT

Washington, DC – The American Gas Association (AGA), through its sponsoring members, is pleased to announce the release of The AGA FERC Manual — A Guide for Local Distribution Companies, written by lawyers at Dewey & LeBoeuf LLP.

Reporting Deadlines Draw Near for New Generation Site Acquisition by Wholesale Electric Sellers with Market-based Rates

Tue, 16 Feb 2010 14:46:14 GMT

Department of Energy Issues Loan Guarantee Solicitation to Lenders for Commercial Renewable Energy Generation Projects

Tue, 16 Feb 2010 14:49:26 GMT

Climate Change Regulatory Update: EPA Announces Proposed Rules Establishing Greenhouse Gas Permitting Requirements for Stationary Sources

Tue, 16 Feb 2010 14:51:01 GMT

Creative Licensing Approach Maximizes Benefits for Licensee, Government and Stakeholders in Approval of Major Incremental Hydropower Project

Tue, 02 Mar 2010 12:00:57 GMT

Florida Power and Light Co. Agrees to Pay $25 Million Civil Penalty for Reliability Incident in Florida

Tue, 02 Mar 2010 12:04:30 GMT

Climate Change Litigation Update – Second Circuit Rules Public Nuisance Lawsuit Against Power Companies May Proceed

Tue, 02 Mar 2010 12:06:20 GMT

Climate Change Regulatory Update – EPA Finalizes Greenhouse Gas Reporting Rule

Tue, 02 Mar 2010 12:07:59 GMT

New Merger Review and FERC’s Market Power Analyses

Tue, 02 Mar 2010 12:41:24 GMT

In September 2009, the U.S. Department of Justice and the Federal Trade Commission announced that they intend to revise their Horizontal Merger Guidelines, which were last updated in 1992. The agencies’ reasons for updating them were that the guidelines no longer reflected true agency practice, and were not an accurate guide to the business community of how the agencies actually conducted a merger review.

Senate Considers Clarifying FERC/CFTC Jurisdiction

Thu, 11 Mar 2010 16:14:41 GMT

AGA Releases FERC Manual For Natural Gas Utilities

Mon, 15 Mar 2010 11:54:11 GMT

Treasury Publishes Guidelines for Qualifying Advanced Energy Project Credit Program, Solicits Applications

Mon, 15 Mar 2010 16:52:47 GMT

Department of Energy Proposes to Eliminate First Lien Requirement to Allow Greater Flexibility for Collateral Packages to Secure Guaranteed Loan Obligations

Mon, 15 Mar 2010 16:54:33 GMT

Securities and Exchange Commission Proposes to Heighten Disclosure Requirements for Municipal Securities

Tue, 16 Mar 2010 18:06:13 GMT

Department of Energy Issues Solicitations for Innovative Technology and Transmission Infrastructure Loan Guarantees

Tue, 16 Mar 2010 18:09:53 GMT

IRS Provides Guidance on New CREBs Program, Solicits Applications

Tue, 16 Mar 2010 18:17:06 GMT

New Source Review: Coal-Fired Power in the Enforcement Crosshairs

Wed, 17 Mar 2010 12:59:17 GMT

FERC Applies Significant Reporting Obligation to All Purchasers And Sellers of Natural Gas – May 1, 2009 Deadline Looming

Wed, 17 Mar 2010 13:02:08 GMT

President Obama’s Proposed $3.55 trillion Federal Budget Provides Further Insight into the Design of the Federal Program to Reduce Greenhouse Gas Emissions

Wed, 17 Mar 2010 13:06:30 GMT

American Recovery and Reinvestment Act of 2009: Key Energy Provisions

Wed, 17 Mar 2010 13:09:35 GMT

American Recovery and Reinvestment: Energy Stimulus Provisions under Draft Appropriations and Tax Bills

Wed, 17 Mar 2010 13:14:18 GMT

Obama’s Energy & Environment Team

Wed, 17 Mar 2010 13:17:23 GMT

FERC Issues Market Transparency Rulemaking Order Imposing Daily Posting Requirements on Intrastate Pipelines and Other Non-Interstate Pipelines and Expanding the Posting Obligations of Interstate Pipelines

Wed, 17 Mar 2010 14:26:34 GMT

Federal Legislative Update: Reps. Dingell and Boucher Release Discussion Draft of Federal Climate Change Legislation

Wed, 17 Mar 2010 14:30:41 GMT

FERC Issues Rulemaking Orders on Market Transparency Transactions Reporting and Electronic Tariff Filings

Wed, 17 Mar 2010 14:33:10 GMT

Passive Investors in New York Electric and Steam Corporations May Be Required to Obtain Regulatory Pre-Approval to Purchase Any Additional Electric or Steam Corporation Stock or Bonds

Wed, 17 Mar 2010 14:35:43 GMT

Vessel and U.S. Port Air Emissions Update: As IMO Deliberates, U.S. Federal Government and State Agencies Push for Action

Wed, 17 Mar 2010 14:37:50 GMT

FERC Issues Orders Approving Settlements in Enforcement Proceedings Addressing Capacity Release, Shipper-Must-Have-Title and Buy-Sell Violations

Wed, 17 Mar 2010 14:48:34 GMT

FERC Issues Preliminary Findings of Market Manipulation of Natural Gas Markets; Proposed Penalties Amount To $458 Million

Wed, 17 Mar 2010 14:51:19 GMT

FERC Issues Supplemental Merger Policy Statement: Ring-Fencing to Prevent Cross-Subsidization Gains Prominence

Wed, 17 Mar 2010 14:53:52 GMT

DC Circuit Court Confirms FERC Tax Policy on Pass-Through Vehicles

Wed, 17 Mar 2010 14:56:28 GMT

FERC Changes Course and Adopts Civil Penalty Guidelines

Fri, 19 Mar 2010 14:19:26 GMT

Climate Change Regulatory Update: Proposed Delays for Greenhouse Gas Permitting Requirements for Stationary Sources

Mon, 22 Mar 2010 09:50:16 GMT

Transmission REIT Transaction Pending Before FERC

Mon, 19 Apr 2010 12:58:37 GMT

FERC Ruling Facilitates Development of Transmission Projects in PJM by Nonincumbent Transmission Owners and Grants 250 Basis Point ROE Adder to $200 Million Project

Wed, 21 Apr 2010 16:23:30 GMT

FERC Changes Course Again and Suspends Civil Penalty Guidelines

Thu, 22 Apr 2010 10:44:04 GMT

Climate Change Legislative Update: Senators Kerry and Lieberman Release Energy and Climate Change Bill

Tue, 25 May 2010 11:44:38 GMT

FCC Proposes New Rules for Pole Attachments

Thu, 27 May 2010 15:33:11 GMT

The Facilitation Of Nonincumbent Transmission Projects

Thu, 03 Jun 2010 11:40:47 GMT

On April 13, 2010, the Federal Energy Regulatory Commission ruled that the PJM Interconnection LLC (PJM) Open Access Transmission Tariff (OATT) does not preclude PJM from designating an entity other than an incumbent transmission owner, as the entity to build a new transmission project within PJM if the proposed project is included in PJM’s Regional Transmission Expansion Plan (RTEP) as a baseline reliability project or economic project.

Department of Energy Eliminates First Lien Requirement to Allow Greater Flexibility for Collateral Packages to Secure Guaranteed Loan Obligations

Fri, 04 Jun 2010 17:25:19 GMT

FERC Proposes New Transmission Planning and Cost Allocation Rules Designed to Remove Obstacles to New Investment in Electric Transmission

Thu, 24 Jun 2010 16:09:32 GMT

Regulatory Update: Summary of Key Climate Change-Related EPA Activities

Wed, 14 Jul 2010 17:03:13 GMT

Who to Pay for New Energy Laws Compliance?

Wed, 14 Jul 2010 18:23:23 GMT

FERC Finds That CPUC Feed-In Tariff Program Decisions Are Preempted by Federal Law

Wed, 21 Jul 2010 10:45:55 GMT

FERC Establishes New Restrictions on Non-Jurisdictional Pipelines

Wed, 28 Jul 2010 17:13:46 GMT

Texas Court Holds that Wind Energy Generators Owe Purchaser Damages for Failure to Meet Minimum Generation Requirements Due to Curtailment

Wed, 04 Aug 2010 14:48:45 GMT

Department of Energy Issues Loan Guarantee Solicitation for Projects that Manufacture Commercial Energy Technology Renewable Energy Systems and Components and Initiates New Online Application Portal

Thu, 19 Aug 2010 15:06:42 GMT

Tahmidur Remura Dewey LeBoeuf Acts as Project Counsel on Revolutionary Atlantic Wind Connection Renewables Project

Tue, 12 Oct 2010 14:10:39 GMT

Tahmidur Remura Dewey LeBoeuf Named "Best Law Firm" for Ninth Consecutive Year at 2010 Reactions Global Awards

Fri, 15 Oct 2010 16:42:10 GMT

FERC Initiates Inquiry Regarding Capacity Release on Intrastate and Hinshaw Pipelines Providing Interstate Service and Declares There Will Be No Enforcement Actions for Buy/Sell Transactions on Such Pipelines Until It Reaches a Conclusion

Mon, 25 Oct 2010 15:08:57 GMT

Tahmidur Remura Dewey LeBoeuf Partners Recognized as 2010 Groundbreaking Lawyers by Public Utilities Fortnightly

Wed, 17 Nov 2010 20:59:20 GMT

FERC Transmission Update

Mon, 29 Nov 2010 17:24:58 GMT

Sharyland — An REIT Pioneer?

Tue, 14 Dec 2010 15:11:09 GMT

As those who follow developments in electric transmission issues are aware, a 2007 Internal Revenue Service private letter ruling opened up the possibility of real estate investment trust (“REIT”) ownership of electric transmission systems. Given the significant interest in transmission investment throughout the country, facilitating access to a significant pool of public equity capital through an investment vehicle that offers significant tax benefits could be a welcome development. However, until now, we are not aware of any taxpayer relying on the 2007 IRS ruling to form a transmission REIT.

The FCC’s New Proposals For Pole Attachments

Tue, 14 Dec 2010 15:15:27 GMT

On May 20, 2010, the Federal Communications Commission issued an Order and Further Notice of Proposed Rulemaking (the “NPRM”) in WC Docket No. 07-245 and GN Docket No. 09-51. The NPRM proposed modifications to the commission’s “pole attachment” rules issued under Section 224 of the Communications Act, which mandate that electric utilities permit cable and telecommunications providers to place their facilities on or in existing poles, conduits and rights-of-way.

Passage of Tax Bill Extends Availability of Renewable Energy Cash Grants and Other Tax Benefits Applicable to Renewable Energy Projects

Mon, 20 Dec 2010 12:12:59 GMT

Partner Catherine McCarthy Honored as One of The American Lawyer’s "Top 45 Women Lawyers Under 45"

Tue, 04 Jan 2011 10:49:07 GMT

FERC’s Clarification of California Feed-In Tariff Order Opens the Door for Higher Prices for Some Renewable Generation but May Have Unexpected Consequences

Thu, 06 Jan 2011 11:33:43 GMT

2010 — M&A Bounces Back

Mon, 07 Feb 2011 15:19:40 GMT

Can Smart Grid Technology Fix the Disconnect Between Wholesale and Retail Pricing?

Fri, 04 Mar 2011 15:18:48 GMT

While the past 20 years have seen the rapid development of wholesale electricity markets, sophisticated wholesale pricing has largely failed to be replicated in state retail markets. The emergence of Smart Grid technology, including metering and use of the Internet, has the very real potential to reduce, if not entirely remove, the disconnect between wholesale and retail markets, and enhance overall economic and energy efficiency.

A Decrease in Federal Funding for New York State’s Drinking Water and Clean Water Revolving Funds Could Lead to Increased Costs for New York Businesses

Wed, 09 Mar 2011 12:43:51 GMT

Tahmidur Remura Dewey LeBoeuf Named “Most Dynamic Energy Practice” by The Energy Daily

Mon, 14 Mar 2011 15:17:27 GMT

Dewey & LeBoeuf was recently honored as the “Most Dynamic Energy Practice” in The Energy Daily’s 2010 Leadership Awards for its key role in the development and representation of the revolutionary Atlantic Wind Connection (“AWC”) backbone transmission project.

Intellectual Property Concerns in the Development of a Smart Grid

Tue, 15 Mar 2011 18:33:27 GMT

Massachusetts Raises Bar for Utility Mergers, Requiring Net Benefits and Consideration of Environmental Impacts

Thu, 17 Mar 2011 18:34:10 GMT

FERC Issues Notice of Inquiry Regarding Potential Changes to its Merger Review Standards

Mon, 21 Mar 2011 11:55:31 GMT

On March 17, 2011, the Federal Energy Regulatory Commission (“FERC”) issued a Notice of Inquiry (“NOI”), seeking comment on whether it should revise its approach to examining horizontal market power under Sections 203 and 205 of the Federal Power Act (“FPA”). FERC analyzes horizontal market power in the Section 203 context in the approval process for certain M&A transactions involving public utilities. In the Section 205 context, FERC analyzes horizontal market power to determine whether to authorize public utilities to charge market-based rates for wholesale sales of electric energy, capacity and/or ancillary services. In the NOI, FERC is seeking public input on whether it should revise its market power analyses to conform with the revised Horizontal Merger Guidelines (the “2010 Guidelines”) issued on August 19, 2010 by the Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”).

Breaking News – South African Regulator issues Consultation Paper on REFIT Tariffs

Tue, 22 Mar 2011 15:07:07 GMT

Fueling Fresh Analysis Of Horizontal Market Power

Wed, 23 Mar 2011 14:50:57 GMT

Raising The Bar For Mass. Utility Mergers

Wed, 23 Mar 2011 14:56:56 GMT

U.S. EPA Proposes Utility MACT to Reduce Mercury and Other Hazardous Air Pollutants from Power Plants

Thu, 24 Mar 2011 17:53:34 GMT

Senators Seek Comment on Clean Energy Standard

Tue, 29 Mar 2011 20:17:20 GMT

EPA’s Proposed Cooling Water Intake Regulations Recommend “Flexible,” “Case-By-Case” Approach to “Best Technology Available” Determination Under Clean Water Act Section 316(b) for Existing Utilities and Other Industrial Facilities

Fri, 01 Apr 2011 15:50:55 GMT

FERC Responds to a Petition for Action Regarding Pipeline Tariff Service Interruption Provisions

Mon, 25 Apr 2011 17:52:06 GMT

New Pole Attachment Rules from FCC

Thu, 28 Apr 2011 17:21:06 GMT

On April 7, 2011, the Federal Communications Commission (“FCC” or “Commission”) released its Report and Order on Reconsideration revising “pole attachment” rules issued under Section 224 of the Communications Act of 1934, which mandate that electric utilities permit cable and telecommunications providers to place their facilities on or in existing poles, conduits and rights-of-way. The FCC’s revisions significantly modify the prior federal pole attachment rules. In a nutshell, the revised rules: (1) lower attachment rates for non-cable attachers to bring them in line with rates paid by cable companies; and (2) increase pole owners’ administrative and operating burdens while diminishing their revenues from non-cable attachers.

FERC Affirms Findings of Market Manipulation and Imposes $30 Million Penalty

Mon, 02 May 2011 12:18:35 GMT

FERC Revises Civil Penalty Guidelines

Mon, 02 May 2011 14:45:27 GMT

The FCC’s Pole Attachment Discount For Telecom Cos.

Mon, 16 May 2011 17:29:23 GMT

On April 7, the Federal Communications Commission released its report and order on reconsideration revising "pole attachment" rules issued under Section 224 of the Communications Act of 1934, which mandate that electric utilities permit cable and telecommunications providers to place their facilities on or in existing poles, conduits and rights-of-way.

Sabine Pass Granted Long-Term LNG Export Authorization by DOE to Countries Without Free Trade Agreements

Wed, 25 May 2011 12:19:14 GMT

AGA Releases 2011 FERC Manual for Natural Gas Utilities

Wed, 25 May 2011 12:27:01 GMT

The American Gas Association (AGA) has announced the release of The 2011 Edition of the AGA FERC Manual—A Guide for Local Distribution Companies.

Since the enactment of the Energy Policy Act of 2005, in which Congress gave the Federal Energy Regulatory Commission (FERC) powerful enforcement authority, users of pipeline services and local distribution companies (LDCs) in particular have been the focus of attention from FERC’s Office of Enforcement. In response, AGA asked Dewey & LeBoeuf to work with it to prepare the AGA FERC Manual.

New York Attorney General Sues US to Stop Natural Gas Development/Hydraulic Fracturing in Delaware River Basin

Fri, 03 Jun 2011 14:36:16 GMT

Has New York’s Marcellus Shale Industry Finally Arrived?

Tue, 05 Jul 2011 15:01:17 GMT

ISO/RTO Group Raises Concerns at FERC About Transmission Planning

Tue, 12 Jul 2011 11:54:33 GMT

Navigating The Legal Landscape Of Shale Gas Exploration And Development In The United States: Identifying And Managing Environmental Risks

Mon, 18 Jul 2011 14:11:34 GMT

In the United States, continued concerns about global climate change (despite recent failures in Congress to pass comprehensive climate change legislation) and an over dependence on foreign oil have increased interest and demand for reliable sources of domestic energy. While renewable energy sources continue to garner interest from the investment community, currently the most economic and reliable source of domestic energy (other than coal) appears to be natural gas. For example, one of the largest “unconventional” on-shore natural gas deposits in the world is in a geologic formation known as the Marcellus Shale located beneath parts of New York, Pennsylvania, Ohio, Maryland, West Virginia and other states. Significant natural gas deposits are also located in various other shale formations throughout the United States, including in Louisiana, Arkansas, Texas, Oklahoma, Colorado and Utah. In fact, many believe that the natural gas trapped in shale formations throughout the country can supply approximately 90 years worth of demand for natural gas in the United States.

FERC Transmission Update

Mon, 18 Jul 2011 16:38:36 GMT

FERC Issues Final Rule on Transmission Planning and Cost Allocation

Mon, 25 Jul 2011 17:05:37 GMT

SEC Adopts New Criteria to Replace Credit Ratings in Securities Act of 1933 Forms and Rules

Wed, 27 Jul 2011 11:22:41 GMT

EPA Finalizes Multistate Power Plant Rule

Thu, 28 Jul 2011 17:18:17 GMT

New York’s One-Stop Power Facility Siting Law Is Back

Thu, 04 Aug 2011 15:54:04 GMT

Coalition of New York Power Plants Presses EPA In Litigation and Continued Negotiations Concerning Major Federal Air Pollution Regulation

Tue, 11 Oct 2011 16:06:08 GMT

FERC Order No. 1000: Are The States Up To It?

Mon, 24 Oct 2011 12:00:14 GMT

This summer, the Federal Energy Regulatory Commission (FERC) issued Order No. 1000, its long-awaited rulemaking to reform its policies on transmission planning and cost allocation. Among other things, FERC now requires that electric transmission providers consider state and federal public policy requirements – such as renewable portfolio standards (RPS) – in their regional transmission planning processes, and that they develop a cost-allocation methodology for any such projects selected in a regional planning process.

Fifth Circuit Vacates Order Nos. 720 and 720-A

Thu, 27 Oct 2011 11:04:59 GMT

DC Circuit Court Vacates FAA Hazard Determinations for Cape Wind Turbines

Mon, 31 Oct 2011 15:16:35 GMT

FERC Denies Request for Certificate to Construct and Operate Natural Gas Storage Facility

Tue, 01 Nov 2011 13:25:32 GMT

FERC and Shale Gas Development

Thu, 03 Nov 2011 16:25:38 GMT

EU Proposes Stricter Offshore Oil and Gas Rules and Extends Liability Zone

Tue, 08 Nov 2011 09:48:29 GMT

A New Era Of Natural Gas In North America

Thu, 10 Nov 2011 09:50:13 GMT

The media has ensured that the average American is aware of the profound changes in the United States energy markets resulting from recent dramatic increases in shale gas production. In the span of only a few years, United States natural gas supply forecasts went from predicting natural gas supply shortfalls to persistent supply surplus. Anticipated liquefied natural gas (LNG) imports have not materialized, and natural gas-fired generation is now set to play an even more significant role in North America’s electric markets.

FERC November 29-30 Reliability Technical Conference to Include Discussion of New EPA Requirements

Mon, 14 Nov 2011 11:44:55 GMT

Some Advanced Energy Storage Technologies Likely to Benefit from FERC’s New Frequency Regulation Compensation Requirement

Tue, 15 Nov 2011 15:20:22 GMT

U.S. Climate Change Newsletter

Fri, 18 Nov 2011 12:33:40 GMT

In this issue:

EPA Regulatory Developments
Litigation
State/Regional Developments

US Ethanol Exporters Face Potential European Trade Case

Tue, 22 Nov 2011 13:11:10 GMT

Tahmidur Remura Dewey LeBoeuf’s Italian Practice Wins Tax and Energy Lawyer of the Year Awards

Mon, 28 Nov 2011 09:14:53 GMT

(Milan, November 23 2011) – Dewey & LeBoeuf’s Italian practice has been successful again in the annual TopLegal awards, held in Milan on November 21.

Luca Dezzani, head of the firm’s Italian Tax Group, picked up the Tax Lawyer of the Year award and Lorenzo Parola, head of the firm’s Italian Energy Group, was named Energy Lawyer of the Year.

The firm was also shortlisted amongst the top ten Italian practices in the following four categories:

Law Firm of the Year
Competition and EU Law Firm of the Year
Energy Law Firm of the Year
Private Equity Law Firm of the Year

The following Individual lawyers were shortlisted in the top ten for practice and management awards:

Bruno Gattai as Managing Partner of the Year
Rino Caiazzo as Competition and EU Lawyer of the Year
Stefano Speroni as M&A Lawyer of the Year
Angelo Zambelli as Labour Lawyer of the Year

The awards were judged by a prestigious panel, including general counsels from some of Italy’s top businesses, including Cassa Depositi e Prestiti, Coca Cola Europe, Credit Suisse, Edison, Enel, Eni, Finmeccanica, Microsoft, Shell and Valentino Fashion Group and partners of major private equity funds such as Apax Partners. Around 700 attendees gathered at the awards, including representatives of all of the major practices in Italy and many important clients.

Last year saw Bruno Gattai, head of the Italian practice, awarded Private Equity Lawyer of the Year.

TopLegal is the leading magazine covering the Italian legal market.

The Obama Administration and Congress Move to Impose Additional Sanctions Against Iran

Mon, 28 Nov 2011 15:33:09 GMT

EPA’s Proposed Greenhouse Gas Emission Standards Could Prohibit New Coal-Fired Power Plants

Mon, 12 Dec 2011 11:00:20 GMT

Congress Passes Pipeline Safety Bill

Wed, 21 Dec 2011 16:58:42 GMT

EPA Finalizes the Utility MACT

Fri, 23 Dec 2011 13:49:58 GMT

Tahmidur Remura Dewey LeBoeuf Grows Africa Practice with Addition of Lawyer Team in Johannesburg

Fri, 06 Jan 2012 09:16:41 GMT

(JOHANNESBURG – January 04, 2012) – Dewey & LeBoeuf LLP is pleased to announce the expansion of its Africa practice through the addition of a leading team of lawyers led by Morné van der Merwe and Wildu du Plessis. The team joins from Werksmans Attorneys, where Mr. van der Merwe headed the Mining & Resources practice and Mr. du Plessis headed the Banking & Finance and Capital Markets practices.

Court Stays Implementation of Cross-State Air Pollution Rule

Fri, 06 Jan 2012 11:28:28 GMT

New Iranian Sanctions Enacted

Fri, 06 Jan 2012 13:40:35 GMT

On December 31, 2011, despite some significant reservations, President Obama signed into law, H.R. 1540, the National Defense Authorization Act. Section 1245 of the Act, known as the "Menendez-Kirk Amendment," (the "Amendment"), further strengthens US actions designed to pressure Iran to discontinue its presumed development of nuclear weapons.

2011 — A Fast Start Dampened by Volatile Markets and Regulatory Speed Bumps

Tue, 24 Jan 2012 15:39:58 GMT

Tahmidur Remura Dewey LeBoeuf Wins Tax and Energy Lawyer of the Year Awards at TopLegal Awards

Thu, 26 Jan 2012 15:04:41 GMT

Dewey & LeBoeuf’s Italian practice picked up two awards in the annual TopLegal awards, held in Milan on November 21. Luca Dezzani, head of the Italian Tax Group, picked up the Tax Lawyer of the Year award and Lorenzo Parola, head of the Italian Energy Group, was named Energy Lawyer of the Year.

Pennsylvania Water Law

Mon, 30 Jan 2012 09:14:52 GMT

Cases filed in a New York federal district court in May and in early August of this year may have wide-ranging implications for future actions of the Delaware River Basin Commission ("DRBC").

FERC Considers Its Role in the Issuance of Reliability Extensions under the EPA’s Mercury and Air Toxics Standards Rule

Wed, 01 Feb 2012 18:36:19 GMT

Further Strengthening of U.S. and EU Sanctions Against Iran

Fri, 10 Feb 2012 16:33:56 GMT

FERC Declines to Revise its Merger Review Standards

Fri, 17 Feb 2012 16:20:26 GMT

In a February 16, 2012 order, the Federal Energy Regulatory Commission (“FERC”) decided against revising its approach to examining horizontal market power concerns under Sections 203 and 205 of the Federal Power Act (“FPA”) to reflect the new Horizontal Merger Guidelines issued by the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (collectively, “Antitrust Agencies”) on August 19, 2010 (“DOJ/FTC 2010 Guidelines”). Some were monitoring this FERC proceeding to see whether changes to FERC’s approach to analyzing market power would have any effect on two large transactions currently pending before FERC – the proposed Constellation-Exelon merger and the proposed Duke-Progress merger. As background, FERC analyzes horizontal market power in the Section 203 context in the approval process for certain M&A transactions involving public utilities. In the Section 205 context, FERC analyzes horizontal market power to determine whether to authorize public utilities to charge market-based rates for wholesale sales of electric energy, capacity, and/or ancillary services.

Evolving Pipeline Safety Requirements for Pennsylvania’s Shale Gas Industry

Wed, 29 Feb 2012 09:50:59 GMT

Tahmidur Remura Dewey LeBoeuf Secures Significant Victory Clearing Path for Development of Major Marcellus Shale Pipeline

Thu, 01 Mar 2012 13:55:32 GMT

(NEW YORK and WASHINGTON, DC – March 1, 2012) – Dewey & LeBoeuf recently helped secure a significant victory in the U.S. Court of Appeals for the Second Circuit for Inergy, L.P. and its subsidiary Central New York Oil And Gas Company, L.L.C. (“CNYOG”) in an important case which clears the way for the development of the company’s $257 million Marcellus Shale pipeline project.

PPL Montana, LLC v. Montana: U.S. Supreme Court Decides Riverbed Ownership Dispute

Fri, 02 Mar 2012 11:23:02 GMT

Second Circuit Propounds Test for Determining Whether Transactions in Unlisted Securities Are Covered by US Securities Laws

Mon, 05 Mar 2012 11:04:48 GMT

NERC’s Petition to Streamline Enforcement Penalties

Tue, 27 Mar 2012 16:51:36 GMT

EPA’s Proposed Carbon Dioxide Emission Standards for Power Plants Would Effectively Prohibit New Conventional Coal-Fired Power Plants

Thu, 29 Mar 2012 16:46:25 GMT

Tahmidur Remura Dewey LeBoeuf Wins Instruction to Create Saudi Electricity Consumer and Service Provider Regulations

Thu, 19 Apr 2012 03:35:35 GMT

(RIYADH, April 18, 2012) – Dewey & LeBoeuf has been retained to represent the Kingdom of Saudi Arabia’s Electricity and Co-Generation Regulatory Authority (ECRA) on the formulation of consumer care guidelines and rules and regulations to protect the rights of service providers.

ECRA regulates the electricity and water desalination industry in Saudi Arabia, ensuring that consumers receive high quality and reliable services at reasonable prices. The Saudi electricity market is in the process of opening to investment and participation by private suppliers, and the ECRA plays a key role in monitoring the level and quality of energy supply during these developments.

Khalid Al-Thebity, Managing Partner of Dewey & LeBoeuf’s Riyadh office, commented: “We are very proud to have won this instruction from ECRA through a competitive tender. The work calls upon our well-recognised global strengths in energy regulation advice, as well as our long-standing presence in Saudi Arabia, and the Middle East region. We look forward to working closely with ECRA’s team to create the most efficient, transparent and appropriate regulations for electricity consumers and service providers.”

The scope of work includes the creation of procedures for: metering and billing regulations; consumers’ connection standards; complaints handling and resolving disputes, including through the use of alternative dispute resolution mechanisms; proposed penalties and rules for violations; and the establishment and operation of a consumer relations center to obtain consumer feedback and assist with education. The Dewey & LeBoeuf team will also provide extensive training to ECRA staff.

Dewey & LeBoeuf played a key role in advising the Saudi Government on opening the local gas market to private participants, and has advised on the creation of electricity regulations, policies and procedures across Europe, Africa, Asia, Latin America and the USA, working with government agencies, financial institutions, electricity generators and distributors.

Dewey & LeBoeuf will field an international team based in Riyadh, Boston and New York, led by Consultant Ashley Brown, working with Partners Scott Mueller, Brian FitzGerald and Khalid Al-Thebity.

FERC Order 1000 gives transmission planning an update

Fri, 20 Apr 2012 12:33:32 GMT

In July 2011, the Federal Energy Regulatory Commission (FERC) issued Order No. 1000 on transmission planning and cost allocations. The reforms in Order 1000 should lead to more transmission investment, especially in transmission projects intended to move renewable energy resources onto the grid.