Energy Law Journal

Energy Law Journal is a trade journal focusing on Energy Law

Articles from Vol. 28, No. 2, 2007

Alternative Dispute Resolution at Rtos, Isos, and Power Pools
Synopsis:RTO's and ISO's have increased their use of ADR over the past number of years. This increase is largely attributable to their approved FERC tariffs which require ADR. It is also the result of an increased awareness and belief that ADR contributes...
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China's Power Sector: Global Economic and Environmental Implications
Synopsis:As China's economy grows, so does its need for greater volumes of electric power, fueled primarily by low-grade coal resources. This poses a challenge both for itself and the world by virtue of the escalation of traditional pollutants and greenhouse...
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Driving the Market: The Effects on the United States Ethanol Industry If the Foreign Ethanol Tariff Is Lifted
I. INTRODUCTIONThe use of sugar and corn-based ethanol as an alternative fuel is hardly a novel concept. In fact, Henry Ford touted ethanol as the "fuel of the future" in 1925.' Yet in 2007, the majority of Ford's namesake vehicles run solely on petroleum....
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Editor-in-Chief's Message
"To obtain an assured favorable response from people, it is better to offer something for their stomachs instead of their brains."Albert Einstein, advice to a chocolate manufacturer, March 19, 1954One of the distinctive features of the Energy Law Journal...
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Ensuring Consideration of the Public Interest in the Governance and Accountability of Regional Transmission Organizations
Synopsis:Regional Transmission Organizations (RTOs) have become an integral element of the Federal Energy Regulatory Commission's (FERC) encouragement of wholesale electricity markets. These organizations operate regional electricity transmission systems...
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Epact'05 Implementation: Is Ferc in Full Compliance?
Synopsis:In the Energy Policy Act of 2005 (EPAct'05), Congress adopted new Federal Power Act (FPA) section 217(b)(4). That provision directs the Federal Energy Regulatory Commission ("Commission") to use all of its authority under the FPA to accomplish...
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Limiting Tribal Rights under the Federal Power Act: Skokomish Indian Tribe V. United States
I. INTRODUCTIONThe City of Tacoma, Washington, (City) obtained a fifty-year "minor part" license from the Federal Power Commission (FPC) in 1924 to flood federal land. The City needed this license to continue building its Cushman Hydroelectric Project...
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New Metrics for Measuring the Success of a Non-Profit Rto
Synopsis:This article examines metrics used to evaluate whether not-for-profit Regional Transmission Organizations (RTOs) are successful, including the popularly-discussed metric of evaluating whether the economic benefits of RTOs exceed the costs of...
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President's Message
The Energy Law Journal plays a vital role in the mission of the Energy Bar Association, which is to promote the professional excellence and ethical integrity of its members in the practice, administration, and development of energy laws, regulations...
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Recognizing the Importance of Demand Response: The Second Half of the Wholesale Electric Market Equation
Synopsis:The electric industry in the United States has experienced significant changes over the past several decades, the primary one being a shift from a system dominated by vertically-integrated utilities operating under cost-of-service regulation...
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Report of the Natural Gas Regulation Committee1
This report summarizes decisions and policy developments that have occurred in the area of natural gas regulation. The time frame covered by this report is July 1, 2006 to June 30, 2007.I. Oversight and EnforcementA. Gas Standards of Conduct1. The D.C....
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Report of the Nuclear Energy Committee
This report summarizes Nuclear Regulatory Commission (NRC) activities relating to new nuclear power plant initiatives. The time frame covered by this report is June 1, 2006 to June 30, 2007.RECENT NRC ACTIVITY RELATED TO NEW REACTOR LICENSINGI. INTRODUCTIONMomentum...
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Report of the Oil Pipeline Committee
This report summarizes decisions and policy developments that have occurred at the Federal Energy Regualatory Commission (FERC or Commission) and the U.S. Courts of Appeals in the area of oil pipeline regulation. The time frame covered by this report...
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The Potential Law of On-Shore Geologic Sequestration of Co2 Captured from Coal-Fired Power Plants
Synopsis:Coal-fired power plants are major sources of carbon dioxide (CO2) in the atmosphere. Atmospheric CO2 has been identified as a cause of global warming. On-shore geologic sequestration (OSGS) is a relatively new technology that may be used to...
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Will the Cercla Be Unbroken?: E.I. Dupont De Nemours & Co. V. United States
I. INTRODUCTIONIn E.I. DuPont De Nemours & Co. v. United States,1 the United States Court of Appeals for the Third Circuit ruled on the availability of a contribution claim by DuPont against the government for the voluntary cleanup of a contaminated...
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Wind Power: Generating Electricity and Lawsuits
Synopsis:Whether imagined or real, fears over the declining reserves of traditional hydrocarbon fuels and worsening emission-induced global warming have increased both the economic and social costs associated with the world's traditional fuel supplies...
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