FEDERAL ENERGY REGULATORY COMMISSIONCA Cities’ FERC Challenge Oral ArgumentsThe California cities of Anaheim, Azusa, Banning, Colton, and Riverside presented their oral arguments before the U.S. Court of Appeals for the District of Columbia Circuit last week in a case involving the Federal Energy Regulatory Commission. The cities requested the court overturn an agency order that required them to pay electric transmission constraint costs. In 2006, the commission ordered Southern California Edison Co. to pay constraint charges; a rehearing in 2007 resulted in the reversing of the order from a local spread to a zonal cost allocation. … [Read more...] about Energy and Environmental Law Update – Week of October 7, 2013
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While approximately a dozen of the 500 filed amendments dealt with important energy and environmental issues, only two passed. The Senate by a vote of 62-37 gave its approval to an amendment sponsored by Sen. John Hoeven (R-ND) that would establish a deficit-neutral reserve fund to promote investment and job growth through the construction of the Keystone XL pipeline. That vote followed an unsuccessful attempt by Senate Environment and Public Works Chairman Barbara Boxer (D-CA) to pass an amendment that would have required further analysis on the budgetary impacts of the proposed pipeline. The Boxer amendment failed 33-66. … [Read more...] about Energy and Environmental Law Update – March 25, 2013
This confused state existed until March of 2011 when the State Council issued a notice launching the security review system.14 The Security Review Procedure defines most forms of foreign investment where an interest owned by a domestic enterprise is transferred to a foreign company, including when the percentage of foreign ownership is simply increased, as being included in the merger and acquisition activities subject to review.15 Where the investor establishes a WFOE with no acquisition of Chinese assets or equity, the national security review is not required. It is also required that the foreign investor take control of the domestic entity, although the definition of control includes “actual” or “indirect” control.16 The national security review is supposed to occur whenever any merger or acquisition involves: foreign investors' merger or acquisition of military industrial enterprises or military industry related supporting enterprises, enterprises located … [Read more...] about Bilateral China / US Investment ‐ Is 2014 the Year?
Reporting – requiring service providers to periodically report on their implementation of best practices or compliance with specific standards adopted by the FCC. The FCC seeks comment on the scope, frequency and detail of any reporting requirements, as well as on the extent to which reporting obligations alone would be effective.Certification – requiring service providers (possibly an officer of the company) to certify that their networks comply with industry best practices and any specific reliability requirements imposed by the FCC.Reliability Requirements – under this approach, the FCC would specify minimum standards for 911 communications reliability.Compliance Reviews and Inspections – institute periodic reviews or site inspections by the FCC of service provider facilities at multiple central offices.The costs and complications of implementing backup power resources, for example, are not insignificant. To the extent that recommendations to the … [Read more...] about Federal Communications Commission (FCC) Exploring Whether Enhanced Emergency Communications Requirements Are Needed
He wasn’t thrilled to spend Sunday with Milton. His desk was buried under files that seemed like a hungry pack of wolves. However, Milton was not only the nucleus of his power at the firm but also his exit strategy should he ever have to leave. Milton was his ticket to a new firm or the base for starting his own firm. He couldn’t turn down what felt more like a summons than an invitation. … [Read more...] about ABA Journal/Ross Short Legal Fiction Contest winner: ‘Sealed Windows’