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By Fleishman, Robert S. | Energy Law Journal, January 1, 2006 | Go to article overview

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Fleishman, Robert S., Energy Law Journal


"Fellow citizens, we cannot escape history."

- Abraham Lincoln, Annual Message to Congress, December 1, 1862

It 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 comprehensive energy legislation. The Energy Policy Act of 2005 (EPAct 2005) is a watershed event, representing the most sweeping changes to the Federal Power Act and the electricity industry since the New Deal over seventy years ago.

As a result, a number of articles in this edition of the Journal address significant provisions of EPAct 2005. We begin with a retrospective on the Public Utility Holding Company Act (PUHCA) of 1935 and a view of how things might change in the wake of its repeal in EPAct 2005 and new statutory provisions regarding merger review. There are articles addressing EPAct 2005's amendments to the Public Utility Regulatory Policies Act, the legal and regulatory issues associated with a hydrogen economy, and developments in Regional Transmission Organizations and Independent System Operators. Finally, we are pleased to present articles on the history of the North American Energy Standards Board and a possible analogue to OPEC in the increasingly global natural gas industry, namely the Organization of Gas Exporting Countries (OGEC). …

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