In a May 21 article for Law360, Michael Hornstein, David Doot, Joseph Fagan, Michael Stosser and Eric Runge discuss the D.C. District Circuit's decision to support FERC's basing return on equity on the median of a zone of reasonableness. Southern California Edison had challenged the use of median rather than the midpoint for several transmission projects. The attorneys write that "using the median instead of the midpoint can have a material affect on the ROE, with a correspondingly large revenue impact. It remains to be seen whether this decision will be a precursor to an industrywide reassessment of existing ROEs, potentially triggering numerous complaint proceedings seeking to lower ROEs to reflect the commission's current methodology."
The full article can be found here.
Jennifer Galiette will be a speaker at a New England Women in Energy and the Environment (NEWIEE) event hosted on campus at UMass Amherst.
Florence Davis co-wrote an article entitled "Taming the Duck--Distributed Energy Resource Solutions to Renewable Energy Integration," for Bloomberg BNA's Daily Environment Report.
Day Pitney Alert
Flossie Davis, Thomas Havens and Jennifer Galiette wrote an article, "NY Retail Electricity Order Vacated — For Now," for Law360. The article is about the recent decision by the Supreme Court for the County of Albany, New York, to vacate key directives of the New York Public Service Commission (PSC) in its "Order Resetting Retail Energy Markets and Establishing Further Process" issued on Feb. 23, also known as the PSC reset order.
Day Pitney Alert
Joseph Fagan was quoted in an article, "LNG projects could face new scrutiny if US invokes 'protect the public' clause," published in S&P Global Market Intelligence.
Jed Davis was quoted in a breaking news article, "New York eases proposed cyber regulations after industry complaints," published by Reuters.
Joe Fagan was quoted in an article, "For rebuffed Jordan Cove LNG, pipeline was the stumbling block at FERC," in S&P Global Market Intelligence.
Joe Fagan was quoted in an article, "Pipeline Fights May Determine Scope Of Climate Reviews," in Law360. The article is about how an increase in legal challenges by environmental groups claiming that the Federal Energy Regulatory Commission must examine the climate change impacts of increased natural gas drilling before approving pipelines could help define the boundaries of a landmark 2004 U.S. Supreme Court ruling that limited the scope of federal environmental reviews to actions within an agency's authority.
Joe Fagan was quoted in an article, "NY Nuke Plant Subsidies Will Likely Face Legal Battle," in Law360. The article is about the challenges that nuclear plant subsidies offered by New York state in its newly announced clean energy standard will likely face due to a U.S. Supreme Court's recent decision.