Monthly Archives: April 2012

FERC Confirms It Lacks Jurisdiction over Unbundled Renewable Energy Certificate Sales

By Greg Lawrence On April 20, 2012, the Federal Energy Regulatory Commission (“FERC”) issued an order accepting proposed revisions to the WSPP Agreement addressing sales of renewable energy certificates (“RECs”) made pursuant to that agreement. In the course of issuing … Continue reading

Posted in FERC, Power, Regulation, Renewables

Cadwalader Webinar: Buying or Selling a Retail Marketing Company

Thursday, May 10, 2012 10:00 a.m. — 11:15 a.m. ET Cadwalader, Wickersham & Taft LLP will host a series of substantive and direct webinar discussions on the latest transactional and regulatory developments affecting marketing, financing, and the purchase and sale … Continue reading

Posted in Events, Finance, Oil & Gas, Power

Final Rule – Commodity Options

The U.S. Commodity Futures Trading Commission has published the following final rule to implement certain provisions of Title VII and Title VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act: 17 CFR Parts 3, 32, and 33 Commodity Options … Continue reading

Posted in CFTC, Commodity Trading, Dodd-Frank, Regulation

Delaware’s Not So Safe Harbors: Third Circuit Bankruptcy Court Declines to Rule that a Payment on a Letter of Credit is an Avoidance-Proof “Settlement Payment”

By Mark Ellenberg, Peter Friedman, and Douglas Mintz On March 26, 2012, Judge Mary F. Walrath of the United States Bankruptcy Court for the District of Delaware refused to rule that, as a matter of law, payments made to satisfy … Continue reading

Posted in Distressed Energy

The Sun Never Sets on Dodd-Frank

By Steven Lofchie When Dodd-Frank (more formally, the Wall Street Reform and Consumer Protection Act) was adopted, the legislation was advertised as a legal blueprint that, although proudly stamped “Made in America,” would serve as a light of financial safety … Continue reading

Posted in Dodd-Frank, Regulation

What is a Swap? Maybe (Almost) Everything? You Gotta Problem with That?

By Steven Lofchie It has now been almost two years since Dodd-Frank was enacted in order to provide comprehensive regulation of those transactions the legislation calls “swaps.” In a world regulated by common sense, “what is a swap” would have … Continue reading

Posted in Commodity Trading, Dodd-Frank, Regulation

FERC Issues Orders on MISO Net Zero Interconnection Service

By  Gregory Lawrence and Terence Healey On March 30, 2012, the Federal Energy Regulatory Commission (“FERC”) issued two orders related to the Midwest Independent System Operator, Inc.’s (“MISO”) policies and procedures for the interconnection of generation facilities, which are set forth … Continue reading

Posted in FERC, Power, Regulation

FERC Finds “More Credible” a Postage Stamp New Transmission Cost Allocation for PJM

By  Gregory Lawrence, Terence Healey, and Sarah Tucker On March 30, 2012, the Federal Energy Regulatory Commission (“FERC” or  “Commission”) issued an Order on Remand finding that the flow-based cost-allocation methodology used by PJM Interconnection, L.L.C. (“PJM”) is inadequate to determine … Continue reading

Posted in FERC, Power, Regulation

EPA Proposes CO2 Emissions Standards for New Fossil Fuel-Fired Power Generators

By  Gregory Lawrence and Athena Eastwood On March 27, 2012 the Environmental Protection Agency (“EPA”) submitted for publication in the Federal Register a notice of proposed rulemaking that would set standards of performance for CO2 gas emissions for new fossil fuel-fired … Continue reading

Posted in Emissions, EPA, Power, Regulation, Uncategorized

Final Rule – Swap Dealer and Major Swap Participant Recordkeeping, Reporting, and Duties Rules; FCM and Introducing Broker Conflicts of Interest Rules; and CCO Rules for Swap Dealers, Major Swap Participants, and FCMs

The U.S. Commodity Futures Trading Commission has published the following final rule to implement certain provisions of Title VII and Title VIII of the Dodd-Frank Wall Street Reform and Consumer Protection Act: 17 CFR Parts 1, 3, and 23 Swap … Continue reading

Posted in CFTC, Dodd-Frank, Regulation, Uncategorized