Section of Environment, Energy, and Resources
Gas and Electricity Marketing Committee and Energy and Natural Resources Litigation Committee
Present a “Quick Teleconference” program
Energy Contracts in Context: The Ninth Circuit Revisits Mobile-Sierra Review in Light of the Western Energy Crisis
Program Information
Wednesday, January 24, 2007
12:30 p.m. – 2:00 p.m. Eastern Time / 11:30 a.m. – 1:00 p.m. Central Time
10:30 a.m. – 12:00 p.m. Mountain Time / 9:30 a.m. – 11:00 a.m. Pacific Time
Program Overview:
The Federal Power Act requires FERC to ensure that all rates, terms and conditions for the sale of power are “just and reasonable.” Since 1956, the Supreme Court has recognized a stringent standard of review, known as the Mobile-Sierra doctrine, which under certain circumstances forbad attempts to modify contracts unilaterally unless such modifications are required by the “public interest.” For decades, this standard has been regarded by many as “practically insurmountable.” That era may now have come to a close.
On December 19, 2006, the Ninth Circuit published a pair of decisions arising from the Western Energy Crisis of 2000-2001 that revisit the application of Mobile-Standard review in the modern context of market-based rates. In Public Utility District No. 1 of Snohomish County Washington v. FERC, and its companion case, Public Utilities Commission of the State of California v. FERC, the Ninth Circuit determined that the Mobile-Sierra public interest standard of review should apply only when: “ (1) the contract by its own terms must not preclude the limited Mobile-Sierra review; (2) the regulatory scheme in which the contracts are formed must provide FERC with an opportunity for effective, timely review of the contracted rates; and (3) where . . . FERC is relying on a market-based rate-setting system to produce just and reasonable rates, this review must permit consideration of all factors relevant to the propriety of the contract’s formation.”
Whatever one’s perspective might be, any attorney involved with energy contracts or similar contracts in other regulated industries should be familiar the Ninth Circuit’s new Mobile-Sierra requirements and the implications of those requirements for contracting practices going forward.
Educational Objectives:
- Describe and discuss the Ninth Circuit’s Orders.
- Gain insight and understanding as to the arguments for and against the validity of the Orders.
Faculty:
Moderator and Panelist:
Russ Campbell, Balch & Bingham LLP, Birmingham, AL
Panelists:
Jared des Rosiers, Pierce Atwood LLP, Portland, ME
John Estes, Skadden, Arps, Slate, Meagher & Flom, Washington, DC
Melissa Lauderdale, Director, Industry Legal Affairs, Edison Electric Institute, Washington, DC
This program will not offer CLE credit.
Host Site Location
Participation at the host site location is free of charge, however, reservations are required. Space is limited to 20 people.
Washington, DC: Skadden, Arps, Slate, Meagher & Flom, 1440 New York Avenue, NW
RSVP: John Shepherd, (202) 371-7338 or John.shepherd@skadden.com
ConferTel Teleconference (Individual dial-in)
If you wish to participate by telephone please register online.
Online registration is encouraged for immediate confirmation and billing receipt. You may also complete this form and fax it to (760) 931-0079. Once your registration and payment have been processed, you will receive a confirmation with the toll-free telephone number and security PIN number.
The registration fee covers the cost of the phone connection; you are encouraged to have others listen to the program with you. Registration cannot be confirmed until ConferTel receives check or Purchase Order.
*The Section has secured ConferTel to provide conferencing services, including registration, conferencing and payment. Please make checks payable to ConferTel. Questions regarding the teleconference can be directed to ConferTel at (866) 930-4500.
Cancellation Policy:
Paid registrants who are unable to call in to the conference may request a refund less a $30 administrative fee. Substitutions are acceptable.
Late Registration Notice: Please register early, we cannot guarantee late registrations (day of event).
Mobile-Sierra Review Navigation
Questions?
Do you have a question that you would like the panel to address? Please email your question to Russ Campbell at rcampbell@balch.com by January 23, 2007 at noon Eastern Time and the panel will make every effort to address your inquiry. You will also have an opportunity to ask questions of the panel live at the conclusion of the program.
