Energy Law Journal

Energy Law Journal is a trade journal focusing on Energy Law

Articles from Vol. 27, No. 1, 2006

CALIFORNIA EX REL. LOCKYER V. FERC: IN WHICH THE 9TH CIRCUIT TELLS THE FERC "YES, YOU CAN"
I. INTRODUCTIONIn California ex rel. Lockyer v. FERC,1 the United States Court of Appeals for the Ninth Circuit ruled on yet another aspect of the legal fallout from the California electric wholesale market meltdown of 2000-2001.2 This particular case...
Collapse: How Societies Choose to Fail or Succeed/twilight in the Desert
COLLAPSE: HOW SOCIETIES CHOOSE TO FAIL OR SUCCEED by Jared Diamond, Viking, 2005TWILIGHT IN THE DESERT by Matthew R. Simmons, Wiley & Sons, 2005"A need or problem encourages creative efforts to meet the need or solve the problem."- Plato in the Republic"And...
Competition Is a Sin: An Evaluation of the Formation and Effects of a Natural Gas OPEC
I. INTRODUCTION"Competition is a sin."- John D. RockefellerA monopoly is nothing but a magician's trick-an illusion where producers artificially control supply to maintain the perception of scarcity.1 While the Organization of Gas Exporting Countries...
Editor-in-Chief's Page
"Fellow citizens, we cannot escape history."- Abraham Lincoln, Annual Message to Congress, December 1, 1862It is indeed an historical time in the annals of energy law in the United States. After years of fits and starts, the U.S. Congress finally passed...
Electricity Regulation Committee Report
This report provides a survey of significant orders issued by the Federal Energy Regulatory Commission (FERC or Commission), or by United States Courts of Appeals on the review of the FERC's orders in 2005. It also provides an overview of significant...
Emerging Issues Relating to the Burgeoning Hydrogen Economy
Energy affects, and even defines, how people live their lives. Everyday, people consume energy to cook, clean, and travel. The darkness is conquered by lights, the indoor temperature is controlled by heating and air conditioning, and clean water is available...
Legislation Committee
I. ENERGY POLICY ACT OF 2005The push in Congress to enact comprehensive energy policy legislation, begun in early 2001 and stalled every year thereafter, finally reached completion in 2005. Over the course of this five-year process, Congress had previously...
North American Energy Standards Board: Legal and Administrative Underpinnings of a Consensus Based Organization
I. INTRODUCTIONThe Gas Industry Standards Board (GISB), formed by the wholesale natural gas industry in 1992, has expanded its charter to include the voluntary development of consensus-based business practice standards for the wholesale electric industry...
Puhca's Gone: What Is Next for Holding Companies?
On February 8, 2006, the repeal of the Public Utility Holding Company Act of 1935 (PUHCA) became effective.1 PUHCA repeal comes seventy years after the statute was enacted and over a quarter century after the securities and Exchange Commission (sec),...
Report of the Antitrust Committee
This report summarizes antitrust developments of particular interest to energy law practitioners that occurred in the year 2005.1 The topics are covered in the following order:I. Federal Trade Commission (FTC) Enforcement ActionsII. FTC Retail Gasoline...
Report of the Judicial Review Committee
I. ADMINISTRATIVE LAWA. Jurisdiction1. StandingIn Electric Power Supply Ass'n v. FERC, the Petitioner, a national trade association representing participants in the competitive electric power industry and parties to FERC proceedings, challenged orders...
SAGINAW BAY PIPELINE COMPANY V. UNITED STATES: SAGINAW WINS THE PIPELINE DEPRECIATION BATTLE, BUT IS THE WAR OVER?
I. INTRODUCTIONSaginaw Bay Pipeline Company (Saginaw Bay), an entity formed under a subsidiary of the Michigan Consolidated Gas Corporation, operated a 126-mile underground, steel pipeline network constructed to transport "raw" or "wet" natural gas....
The Energy Policy Act of 2005: Purpa Reform, the Amendments and Their Implications
I. INTRODUCTIONThe Energy Policy Act of 2005 (EPAct 2005)1 introduced sweeping changes to nearly every sector of the energy industry, including the electricity sector. One of the more significant provisions of EPAct 2005 is the amendment of the Public...
What Is Happening and Where in the World of Rtos and Isos?
I. INTRODUCTIONWith the implosion of standardized market design,1 the Federal Energy Regulatory Commission (FERC or the Commission) has wisely returned to a regional approach to the development of Regional Transmission Organizations (RTOs) and Independent...