• Bankruptcy Court, Not FERC, to Determine Enron Termination Payment Issues
  • November 27, 2006
  • Law Firm: Sutherland Asbill & Brennan LLP - Washington Office
  • The United States District Court for the Southern District of New York issued a significant opinion recently, holding that the Enron bankruptcy court should adjudicate disputes concerning termination payments arising out of terminated Enron contracts. The ruling comes in spite of a provision in the Energy Policy Act of 2005 ("EPAct 2005"), which many thought would require a determination of such issues by the Federal Energy Regulatory Commission ("FERC"). This continuing legal wrangling over the appropriate jurisdictional division between FERC and bankruptcy courts is another example of the relatively unsettled nature of the law in this area.