Articles

On Remand from Ninth Circuit, FERC Imposes Tough Standards on California Efforts to Secure Refunds Because of Alleged Inadequate Transaction Reporting During Western Power Crisis of 2000

By Lyle D. Larson, Esq.
Public utilities that make wholesale power sales at market-based (negotiated) rates, have been required by the Federal Energy Regulatory Commission (“FERC” or “Commission”) to submit quarterly reports of transactions entered into under such authority. In March of 2002, the California Attorney General and others (self-described as the “California Parties”) filed a complaint with the Commission claiming that a number of wholesalers failed to file adequate reports of their power supply transactions with the California ISO and California PX during the Western Power Crisis of 2000-2001.

Responding to the Next Disaster—A Litigator’s Perspective

By Morgan L. Copeland Jr.
When faced with a sudden, catastrophic event, counsel and corporate decision makers must respond quickly on multiple fronts. Complex issues demand timely decisions. Decision makers are often overwhelmed during a crisis and often fail to take the necessary steps that will aid in defense litigation. The company’s ability to avoid damage to stock value and reputation and a potentially catastrophic damage award by a court will depend on preparation that addresses not only safety and regulatory compliance, but also anticipated litigation.

FERC Takes Steps to Clarify and Improve Standards of Conduct for Providers of Natural Gas Transportation and Electricity Transmission Service

By Lyle D. Larson
On Friday, March 21, 2008, the Federal Energy Regulatory Commission issued a new NOPR concerning the Standards of Conduct. This action by the Commission was anticipated and was influenced by concerns about the lack of clarity inherent in the current rules and the potential that those rules could be construed or enforced in a way that was unduly hostile to vertical integration and reasonable integrated resource planning efforts.

Choice of Law on the Outer Continental Shelf

By Walter R. Mayer
The Outer Continental Shelf Lands Act (OCSLA) attempted to settle choice of law for the outer continental shelf by declaring that fixed structures there were to be considered federal enclaves that borrowed the nearest state’s law on many substantive issues. While the OCSLA has worked as intended when the events soley deal with with fixed offshore platforms, difficulty arises when the facts vary even slightly and involve drilling vessels or vessels that construct or service fixed platforms.