Inflation Reduction Act
FERC Orders Primary Frequency Response Without Compensation
On February 15, 2018, the Federal Energy Regulatory Commission (“FERC”) revised its regulations to require all newly interconnecting generation facilities to install, maintain, and operate equipment capable of providing primary frequency response as a condition of interconnection. [1] FERC found...
FERC Eases Barriers for Electric Storage Resources to Participate in Wholesale Markets
On February 15, 2018, the Federal Energy Regulatory Commission (“FERC”) adopted a final rule (“Order No. 841”) [1] that facilitates the direct participation of electric storage resources in centralized markets operated by Regional Transmission Organizations (“RTOs”) and Independent System Operators...
U.S. Futures Exchanges Disciplinary Actions Alert: January 2018
The Bracewell U.S. Futures Exchanges Disciplinary Actions Report is a monthly report that provides summaries of certain disciplinary notices by U.S. exchanges during the prior month. The report has a particular focus on notices potentially relevant to energy commodities and...
U.S. Futures Exchanges Disciplinary Actions Alert: December 2017
The Bracewell U.S. Futures Exchanges Disciplinary Actions Report is a monthly report that provides summaries of certain disciplinary notices by U.S. exchanges during the prior month. The report has a particular focus on notices potentially relevant to energy commodities and...
The Tax Cuts and Job Acts: Its Impact on the Energy Industry Webinar
Learn about the TCJA provisions that are most relevant to the energy industry, as well as how the reform affects business taxes, financing transactions and renewable energy credits.
JOA Defaults Reconsidered
In the recent decision of Pan Petroleum Aje Ltd v Yinka Folawiyo Petroleum Co Ltd & Ors [2017] EWCA Civ 1525, the Court of Appeal upheld a decision of the High Court that parties to a Joint Operating Agreement (“JOA”)...
FERC Asserts Right to Impose Retroactive Surcharges
Historically, Sections 205 [1] and 206 [2] of the Federal Power Act (“FPA”) have been viewed as authorizing the Federal Energy Regulatory Commission (“FERC” or the “Commission”) to order refunds when a rate has been suspended and placed in effect...
Boost for Renewables Transmission: DOE Transmission Siting Authority Upheld
Over the last several years, Clean Line Energy Partners LLC has been pursuing development of long-haul high-voltage direct current (HVDC) transmission lines, primarily to deliver energy created by wind and other renewables in lower populated areas to high-demand areas of...
Construction Contracts and Tax: A Splitting Headache?
It has become common practice in many jurisdictions for parties to split construction contracts with an international element. The split structure is intended to provide a reduced tax exposure for the contractor and a resulting pricing benefit for the employer...
BSEE Takes Steps to Relieve Burdensome Requirements for Offshore Operators
On December 29, 2017, the Bureau of Safety and Environmental Enforcement (BSEE) published a proposed rule in the Federal Register, stating its intent to significantly revise provisions of the Oil and Gas Production Safety Systems regulations (30 CFR part 250...
U.S. Futures Exchanges Disciplinary Actions Report - October 2017
The Bracewell U.S. Futures Exchanges Disciplinary Actions Report is a monthly report that provides summaries of certain disciplinary notices by U.S. exchanges during the prior month. The report has a particular focus on notices potentially relevant to energy commodities and...
FERC Annual Enforcement Update
FERC Annual Enforcement Update On November 16, 2017, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) released the Office of Enforcement’s (“OE”) annual report on enforcement activities (“ Annual Report ”) for fiscal year 2017 (“FY 2017”). Although the...
Barclays Market Manipulation Case Settles for $105 Million, What We Learned and What’s Next?
After more than four years of litigation in federal district court, the Federal Energy Regulatory Commission (“FERC” or the “Commission”) yesterday issued an order approving a $105 million settlement resolving allegations that Barclays Bank PLC and certain of its traders...
The Mineral Revolution: How The Recent Influx of Capital is Changing Deal Structures and Opportunities for Investment
Over the past twelve months, we have witnessed a rapid evolution in the way that E&P industry participants acquire and own minerals. While the perpetual nature and non-cost bearing aspects of mineral ownership have long aided in maintaining a floor...
EPA Issues Proposal to Repeal the Clean Power Plan
On October 10, 2017, EPA Administrator Scott Pruitt formally announced that he had signed a proposed rule to repeal the Obama EPA’s controversial Clean Power Plan (CPP). This proposal is the first formal step toward repealing the CPP and the...