POWER magazine published an article co-authored by David Doot, Joseph Fagan and Sebastian Lombardi titled, "The Northeast's Natural Gas Challenge," in its September issue. The co-authors discuss the challenges and opportunities that result from an increased reliance on natural gas to generate electricity, particularly in the Northeast where natural gas supplies are scarce.
Day Pitney Alert
Jennifer Galiette wrote an article, "State Strategy to Focus on Energy, Building Processes and Transportation," for The Connecticut Law Tribune. The article is about the Connecticut Department of Energy and Environmental Protection's (DEEP) announcement in May that it is beginning to develop a new statewide Comprehensive Energy Strategy (CES) for Connecticut.
On June 16, Harold Blinderman will be participating in the CBIA 2016 Energy & Environment Conference. Blinderman, who is co-chair of the CBIA waste task force, will speak about waste developments in Connecticut during an environmental regulatory overview session. He also will moderate a session on compliance strategies and enforcement.
Florence Davis and Thomas Havens wrote an article, "NY Retail Electricity Order Is Likely To Face Opposition," for Law360. The article is about an order issued by the New York Public Service Commission on February 23 that will effectively and prospectively shut down the competitive retail electricity market in the state for the majority of residential and small commercial (mass market) customers. The order is the latest in a series of state regulatory actions triggered by consumer complaints against energy companies that customers were paying rates higher than the utility rate. The order would limit energy service companies (ESCOs) to serving mass market customers under contracts that either (1) guarantee customer cost savings in comparison to utility rates or (2) guarantee that the energy delivered to mass market customers consists of at least 30 percent renewable energy.
Day Pitney Advisory
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.
Jennifer Galiette has been elected Chair of the Energy, Public Utility and Communications Law Section of the Connecticut Bar Association for a term of two years. In her new role, she will be in charge of planning Section meetings and organizing educational and professional events for the Section’s more than 100 members. Galiette also serves as a member of the Section’s Executive Committee. She has been involved with the organization for over seven years, and has previously served as Treasurer, Secretary and Vice Chair of the Section.
Joseph Fagan spoke with S&P Global Market Intelligence about the Cove Point case and its implications for U.S. LNG export projects in "Court 'more likely than not' to uphold FERC's Cove Point LNG review." The U.S. Court of Appeals for the District of Columbia Circuit is scheduled to hear oral arguments April 19 in the case brought by an environmental coalition alleging that FERC's environmental review of Dominion Resources Inc.'s Cove Point LNG LP liquefaction and export project did not comply with the National Environmental Policy Act.
Joseph Fagan was quoted in an article, "Jordan Cove LNG export project 'in limbo' after FERC rejection," in SNL Energy's Daily Gas Report. The article is about the legal options for Veresen Inc.'s proposed Jordan Cove LNG liquefaction and export project, for which FERC just recently denied authorization. The challenge, according to the report, will be submitting evidence to FERC of an economic need for the LNG facility in a request for rehearing or a new application. Fagan said he suspects "that the applicants, assuming they can get their contracts and their ducks in a row, are not going to wait for a decision on that rehearing to resubmit [the application]."