Energy Law Journal

Energy Law Journal is a trade journal focusing on Energy Law

Articles from Vol. 25, No. 2, 2004

Benchmarking the Price Reasonableness of a Long-Term Electricity Contract*
I. INTRODUCTION AND SUMMARYA. BackgroundElectric utilities in the United States have engaged in wholesale electricity trading since well before the 1978 passage of the Public Utility Regulatory Policies Act (PURPA).1 The PURPA encouraged the development...
Canada's Role in the United States' Oil and Gas Supply Security: Oil Sands, Arctic Gas, Nafta, and Canadian Kyoto Protocol Impacts
I. INTRODUCTIONCanada is the United States' largest foreign supplier of oil, natural gas, and electricity. This includes 15% of gross oil imports and 14% of the total natural gas supply.1 Prospects for continuing and increasing these relatively secure...
Dedication to William A. Mogel Founder and First Editor-in-Chief
Every once in a long while a man's achievement coincides with his most ambitious dream. Bill Mogel's dream was to establish an energy law journal, under the auspices of the Energy Bar Association, that would be the premier publication in our field. For...
Economic Theories of Regulation and Electricity Restructuring
I. INTRODUCTIONThe regulation of American industry has fascinated social scientists for many years. There was a time when political scientists and economists presumed regulation beneficial in remedying market failures. That view began to change in the...
Energy Law Journal 25th Anniversary Celebration Washington, D.C. Keynote Address-April 28, 2004
It is, of course, a signal honor to be asked to speak to this 25th Anniversary Celebration of the Energy Law Journal. I received a letter from John Miller, a stalwart of this organization, apologizing for his non-attendance and informing me that he would...
Hydrogen and Tort Law: Liability Concerns Are Not a Bar to a Hydrogen Economy
I. EXECUTIVE SUMMARYHydrogen holds great promise to provide clean energy, produce major reductions in greenhouse gas emissions, and reduce or eliminate dependence on foreign oil. Although a complete transition to a hydrogen economy is decades away, significant...
IN MEMORIAM: Howard E. Wahrenbrock
Howard E. Wahrenbrock, who argued numerous landmark appeals that helped define core principles of the Federal Power and Natural Gas Acts, died on April 11, 2004, in Irvington, Virginia, six months short of his 101st birthday.Howard was born November...
President's Message
The Energy Bar Association salutes the Energy Law Journal in its 25th year of scholarly contributions to the energy profession. This also is a year of transition for the Journal as its Editor-in-Chief, Bill Mogel, hands over the leadership reins to Clint...
Reliability-Based Competition in Wholesale Electricity: Legal and Policy Perspectives
I. INTRODUCTIONThe August 14, 2003 blackout, which affected more than fifty million Americans and Canadians, has breathed a sense of urgency into a lingering debate: what mix of federal electricity policies will provide both excellent reliability and...
Report of the Alternative Dispute Resolution Committee*
The Alternative Dispute Resolution (ADR) Committee monitors regulatory actions, court decisions, and legislative initiatives that may impact energy practitioners and their clients. This report provides a summary of some key ADR developments and proceedings...
Report of the Antitrust Committee
This report summarizes antitrust developments that occurred during 2003 and are of particular interest to energy law practitioners.1 The following topics are covered:I. Federal Trade Commission (FTC) Consent Orders and Statements Regarding Mergers, Acquisitions...
The Smartest Guys in the Room: The Amazing Rise and the Scandalous Fall of Enron
THE SMARTEST GUYS IN THE ROOM: THE AMAZING RISE AND THE SCANDALOUS FAEL OF ENRON by Bethany McLean and Peter ElkindThe story of Enron's rise and fall resonates with human failing on nearly every level. It is a story of greed, of arrogance, of professional...
Using Alaska V. EPA to Unmask the Clean Air Act
1. INTRODUCTIONThe Alaska Department of Environmental Conservation (AEDC) and Teck Cominco Alaska, Inc. (Cominco) sought review of three enforcement orders that were entered by the United States Environmental Protection Agency (EPA) effectively invalidating...