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Monthly Archives: April 2012
FERC Confirms It Lacks Jurisdiction over Unbundled Renewable Energy Certificate Sales
By Greg Lawrence and Tory Lauterbach 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 … 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
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, Terence Healey, and Tory Lauterbach 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 … 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, Athena Eastwood, Joseph Williams and Tory Lauterbach 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 … 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