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Documents on utilities
 

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Adobe PDFTenth Circuit Says Customer Is “Stuck Between a Rock and a Pile of Sewage”: Tying Suit Against City Moves Forward After U.S. Supreme Court Declines to Hear Appeal
Jennifer N. Ide, Benjamin C. Morgan, James A. Orr; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 7, 2012, previously published on February 7, 2012
Unlawful tying arrangements are a frequent point of contention between electric cooperatives and municipalities. On January 17, 2012, the U.S. Supreme Court let stand a decision that permits an unlawful tying/monopolization claim to go forward against the City of Newkirk, Oklahoma.

 

Adobe PDFPUC to Take Public Comment on Implementation of Recently Enacted Pipeline Safety Act
Megan Daly King; Saul Ewing LLP;
Legal Alert/Article
February 1, 2012, previously published on January 2012
Last week, the Pennsylvania Public Utility Commission (PUC) issued a Tentative Order on the implementation of the Gas and Hazardous Liquids Pipelines Act, Act 127 of 2011 (Pipeline Act), which was signed by Governor Corbett on December 22, 2011. The Pipeline Act expands the PUC’s jurisdiction...

 

HTMLEPA Issues Final Utility MACT Rule
Jeffrey D. Stemerick; Taft Stettinius & Hollister LLP;
Legal Alert/Article
January 13, 2012, previously published on January 11, 2012
On December 16, 2011, the EPA finalized the new Mercury and Air Toxics Standard, which is widely referred to as the Utility MACT Rule (“Rule”). EPA also revised the new source performance standards for electric generating units (“EGU”). EPA has also released a memorandum...

 

HTMLEPA Issues Utility MACT Rule; Court Stays CSAPR
Margaret Claiborne Campbell, Peter S. Glaser, Carroll "Mack" W. McGuffey; Troutman Sanders LLP;
Legal Alert/Article
January 5, 2012, previously published on January 3, 2012
The last two weeks of the year were a momentous period for electric utilities on the air quality front. On December 21, 2011, EPA issued its “UMACT” rule, setting forth maximum achievable control technology (MACT) standards for coal and oil generating stations. The rule will likely be...

 

Adobe PDFEPA Plans Regulation of Hydrofracking Wastewater, States Move Forward with Hydrofracking Regulation
Megan E. Baroni, Pamela K. Elkow, Peter R. Knight, Earl W. Phillips, Ronald W. Zdrojeski; Robinson & Cole LLP;
Legal Alert/Article
December 26, 2011, previously published on December 2011
While the widespread use of hydraulic fracturing (hydrofracking, fracking) in shale gas plays is revolutionizing the natural gas extraction industry, concerns over potential environmental impacts to neighboring communities continue. The federal government, which to date has left the regulation of...

 

HTML2012 Defense Act Liberalizes Section 1603 Grant Rules for Regulated Public Utility Property
Travis L. Blais; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
December 22, 2011, previously published on December 20, 2011
On Thursday, December 16, 2011 Congress sent the National Defense Authorization Act of 2012 (NDAA) to the president to sign into law. While not usually a vehicle for energy tax policy, the 2012 NDAA surprisingly did include an amendment to the tax law.

 

Adobe PDFDon’t Let the Media Coverage Fool You — Solar Energy Is Still Viable In New Jersey
James Stewart; Lowenstein Sandler PC;
Legal Alert/Article
December 16, 2011, previously published on December 2011
Solar energy has developed rapidly in New Jersey. New Jersey is second only to California in the number of solar energy projects. The state has developed a system of financial incentives to support solar energy development. Those incentives include a Renewable Portfolio Standard (RPS) that requires...

 

Adobe PDFFinal Energy Master Plan Recommends Steps to Sta bilize New Jersey’s Solar Energy Market
Adam B. Lavinthal, James Stewart; Lowenstein Sandler PC;
Legal Alert/Article
December 16, 2011, previously published on December 2011
On December 6, 2011, the Christie Administration issued the final 2011 New Jersey Energy Master Plan (EMP). The final EMP sets forth the Administration’s efforts to address New Jersey’s overall energy needs, in general, and to maintain the vitality of the state’s solar energy...

 

Adobe PDFD.C. Circuit Moves Forward on Appeal of FCC’s Pole Attachment Order
Brett Heather Freedson, Eric J. Schwalb, Charles A. Zdebski; Eckert Seamans Cherin & Mellott, LLC;
Legal Alert/Article
December 9, 2011, previously published on December 2011
As you are likely aware, a coalition of investor-owned utilities ("IOUs") has challenged the FCC's 2011 Pole Attachment Order and modified rules, implementing, among other things, sharp reductions in the maximum allowable pole attachment fees charged to telecommunications carriers, firm...

 

HTMLCPUC Denies Requests from Advocates to Move Away from Critical Peak Pricing
William "Bill" R. Derasmo, Kevin C. Fitzgerald, Peter S. Glaser, Kevin C. Greene, Lara L. Skidmore; Troutman Sanders LLP;
Legal Alert/Article
November 23, 2011, previously published on November 21, 2011
On November 10, 2011, the California Public Utilities Commission (“CPUC”) issued a decision regarding Pacific Gas and Electric Company’s (“PG&E”) petition for modification of decision 10-02-032, regarding implementation of dynamic pricing rates for residential and...

 


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