Publications

Searched Practice: Energy Regulation

"FERC Imposes Civil Penalties for Demand Response Manipulation," Covington E-Alert (9/12/2013)
William Massey Co-Author, Wilbur Earley Co-Author, Elizabeth Spavins Co-Author

"CFTC Issues Final Interpretive Guidance and Policy Statement and Exemptive Order Regarding Cross-Border Application of Dodd-Frank Swap Provisions," Covington E-Alert (8/5/2013)
Julian Hammar Co-Author

"How To Avoid The Dirty Side Of Clean Energy," Law360 (5/23/2013)
Casey Cooper Co-Author, Ashley Sprague Co-Author

"How to Avoid the Dirty Side of Clean Energy - Bribery Prosecutions on the Rise," Covington Advisory (4/24/2013)

"Regulatory Lag and Trying to Plan Our Energy Future," American College of Environmental Lawyers Blog (4/3/2013)
E. Donald Elliott Author

"The Threat from Within: Theft of Business Critical Information by Company Insiders," (March 2013)
Chris Bracebridge Co-Author, Kurt Calia Co-Author, David Fagan Co-Author, Marialuisa Gallozzi Co-Author, Robert Haney Co-Author, Robert Newman Co-Author, Richard Shea Co-Author, Lindsey Tonsager Co-Author

"Private Sector's Role In White House Trade Secrets Plan," Law360 (2/21/2013)
David Fagan Co-Author, James Garland Co-Author, Robert Newman Co-Author, Richard Shea Co-Author, Kristen Eichensehr Co-Author

"CFTC Issues Final Cross-Border Exemptive Order and Proposed Further Guidance Regarding Cross-border Application of Dodd-Frank Swap Provisions," Covington E-Alert (1/2/2013)
Bruce Bennett Co-Author, Julian Hammar Co-Author, Keith Noreika Co-Author, Ira Palgon Co-Author, William Massey Co-Author, Kerry Burke Co-Author

"FERC Reports on 2012 Enforcement Activities, Modifies Policy on Transmission Investment Incentives, and Addresses Transparency Requirements," Covington E-Alert (11/20/2012)
Wilbur Earley Co-Author, William Massey Co-Author, Elizabeth Spavins Co-Author

"FERC Approves Enhanced Wholesale Electricity Market for the Southwest Power Pool," Covington E-Alert (10/25/2012)
William Massey Co-Author, Wilbur Earley Co-Author

"Federal District Court Vacates and Remands CFTC Position Limits Rule," Covington E-Alert (10/2/2012)
William Massey Co-Author

"FERC Requires More Sellers to Report Power Sales," Covington E-Alert (9/26/2012)
Wilbur Earley Co-Author

"SEC Adopts Conflict Minerals Rules," Covington E-Alert (8/24/2012)
David Engvall Co-Author, David Dunn Co-Author, David Martin Co-Author

"CFTC and SEC Jointly Adopt Swap Product Definition Rules and CFTC Adopts a Final Rule Implementing End-User Exception From Mandatory Clearing," Covington E-Alert (7/27/2012)
Bruce Bennett Co-Author

"FERC Proposes More Flexibility For Electricity Transmission Developers and Adopts New Business Practices for Gas Pipelines," Covington E-Alert (7/26/2012)
William Massey Co-Author, Wilbur Earley Co-Author

"FERC Acts to Help Entry of Renewable Resources, Increase Competition in Grid Service Markets, and Revise Reporting Procedures," Covington E-Alert (6/29/2012)
Wilbur Earley Co-Author

"FERC Decides on Procedures for Advising EPA on Generators’ Requests for Delayed Compliance with Certain New Emissions Rules," Covington E-Alert (5/23/2012)
Wilbur Earley Co-Author, George Frampton Co-Author

"CFTC Proposes Changes to Position Limits Aggregation Rules," Covington E-Alert (5/23/2012)

"CFTC and SEC Jointly Adopt Final Swap Entity Definition Rules," Covington Advisory (5/7/2012)
William Massey Co-Author, Mark Herman Co-Author

"New FERC Issuances on Energy Market Surveillance, Demand Response, and Interconnection Policy and Significant CFTC Settlement on Oil Price Manipulation," Covington E-Alert (4/26/2012)
Wilbur Earley Co-Author, William Massey Co-Author

"China Policy: Renewable Energy and China's Five Year Plans," Acore US-China Market Review (Spring 2012)
Scott Livingston Co-Author

"FERC Refuses to Loosen Market Power Standards for Electric Mergers and Rates and Proposes New Gas Pipeline Business Standards for Gas-Electric Industry Coordination," Covington E-Alert (2/29/2012)
Wilbur Earley Co-Author

"CFTC Finalizes Rules on Swap Data Recordkeeping and Reporting and Real-Time Reporting," Covington Advisory (1/19/2012)
William Massey Co-Author

"Report of the Compliance & Enforcement Committee," Energy Law Journal (1/1/2012)
Matthew Connolly Co-Author

"FERC Adopts Smart Grid and Interim Rate Policy and Affirms Need for Demand Response," Covington E-Alert (11/22/2011)
William Massey Co-Author, Wilbur Earley Co-Author

"EU Proposes Mandatory Disclosure Rules for Extractive Industries," Covington E-Alert (11/3/2011)
John Rupp Co-Author

"CFTC Adopts Final Position Limit and Clearinghouse Rules Implementing Dodd-Frank and Proposes to Further Delay Effective Date for Compliance with Swap Regulation," Covington E-Alert (10/20/2011)
William Massey Co-Author, Mark Herman Co-Author

"Department of Energy Proposes Significant Revision to Nuclear Export Controls," Covington E-Alert (10/4/2011)
Corinne Goldstein Co-Author, Peter Lichtenbaum Co-Author, Kimberly Strosnider Co-Author, Gabriel Slater Co-Author

"CFTC Proposes Two Rules Clarifying Dodd-Frank Implementation Schedules for Certain Requirements and Previews Future Rulemaking Schedule," Covington E-Alert (9/16/2011)
William Massey Co-Author

"SEC Asking More Questions About Hydraulic Fracturing," Covington E-Alert (9/7/2011)
David Engvall Co-Author

"Solyndra Bankruptcy Prompts Congressional Investigation and a Renewed Focus on Federal Support for Renewable Energy Companies," Covington E-Alert (9/2/2011)
Brian Smith Co-Author

"FERC and DOE Submit Demand Response Plan Implementation Proposal to Congress," Covington E-Alert (7/12/2011)
William Massey Co-Author, Wilbur Earley Co-Author

"CFTC Issues Final Rules Prohibiting Market Manipulation," Covington E-Alert (7/11/2011)
William Massey Co-Author

"FERC Opens Inquiry to Broaden Participation in Wholesale Electricity Markets and Imposes Civil Penalty on an Individual Marketer for False and Misleading Statements," Covington E-Alert (6/22/2011)
William Massey Co-Author, Wilbur Earley Co-Author

"CFTC Proposes Order Granting Temporary Relief From Certain Dodd-Frank Provisions," Covington E-Alert (6/20/2011)
William Massey Co-Author

"FERC Begins Review of Transmission Investment Incentives, Possibly Signaling a Change in Policy," Covington E-Alert (5/31/2011)
William Massey Co-Author, Wilbur Earley Co-Author

"FERC Affirms ALJ Decision Concluding that Amaranth Natural Gas Trader Violated Anti-Manipulation Rule; Orders Trader to Pay $30 Million Civil Penalty," Covington E-Alert (4/28/2011)
William Massey Co-Author

"CFTC and Prudential Regulators Propose Margin Requirements for Uncleared Swaps," Covington E-Alert (4/26/2011)
Bruce Bennett Co-Author, Philipp Tamussino Co-Author, William Massey Co-Author

"Nuclear Matters," The European Lawyer (April 2011)
George Frampton Author

"FERC Approves Rules to Improve Compensation to Demand Response in Organized Electricity Markets," Covington E-Alert (4/1/2011)
William Massey Co-Author, Wilbur Earley Co-Author

"FERC Opens Inquiry on Revising Market Power Standards in Light of Revised DOJ/FTC Merger Guidelines," Covington E-Alert (3/31/2011)
Wilbur Earley Co-Author

"CFTC Issues Proposed Interpretive Order Clarifying its Anti-Disruptive Practices Authority," Covington E-Alert (3/9/2011)

"FERC Proposes Frequency Regulation Pricing Change to Boost New Energy Technologies," Covington E-Alert (2/25/2011)
William Massey Co-Author, Wilbur Earley Co-Author

"FERC Approves California and Midwest Planning Proposals with Implications for Renewable Resource and Transmission Developers," Covington E-Alert (1/11/2011)
William Massey Co-Author, Wilbur Earley Co-Author

"Recent IRS Guidance Concerning Section 48C Manufacturing Credit Reminds that Standard for a "Significant Change" is Low, but Indicates Willingness to Consult with DOE on Whether Changes are Significant," Covington E-Alert (1/5/2011)
Daniel Luchsinger Co-Author, Lindsay Kitzinger Co-Author

"Global Climate Change Negotiations: Evaluating the Cancún Summit," Covington E-Alert (12/27/2010)
Rubén Kraiem Co-Author, George Frampton Co-Author, Gerard Waldron Co-Author

"CFTC Issues Proposed Rule Implementing End-User Exception to Mandatory Clearing of Swaps," Covington E-Alert (12/17/2010)
Mark Herman Co-Author

"CFTC and SEC Propose Joint Rules Further Defining "Swap Dealer," Security-Based Swap Dealer," "Major Swap Participant," and "Major Security-Based Swap Participant"," Covington E-Alert (12/10/2010)
William Massey Co-Author, Philipp Tamussino Co-Author

"FERC Improves Investment Climate for Electric Transmission Projects and Opens Rate Investigations on Two Interstate Gas Pipelines," Covington E-Alert (12/1/2010)
William Massey Co-Author, Wilbur Earley Co-Author

"California Clears the Path to a New Carbon Market," Covington E-Alert (11/11/2010)
George Frampton Co-Author, Rubén Kraiem Co-Author, Lawrence Hobel Co-Author

"FERC Seeks Comment on Adding Restrictions on Intrastate Gas Pipeline Capacity Transfers and Adopts Credit Reform Rule for Organized Electricity Markets," Covington E-Alert (10/29/2010)
William Massey Co-Author, Wilbur Earley Co-Author

"CFTC Issues Interim Final Rule on Reporting Requirements," Covington Advisory (10/7/2010)

"FERC Modifies Civil Penalty Guidelines," (9/28/2010)
William Massey Co-Author

"CFTC Issues Order Denying Exemption Extension for Bilateral Swaps Under the Commodity Exchange Act," Covington E-Alert (9/21/2010)
William Massey Co-Author

"Dodd-Frank Act: New Disclosure Rules Relating to Extractive Industries," Covington Advisory (7/22/2010)
David Martin Co-Author, David Engvall Co-Author

"FERC Issues Guidelines for Civil Penalties and Reduces Reporting Requirements for New Generation Site Acquisitions," Covington E-Alert (4/1/2010)
Wilbur Earley Co-Author, William Massey Co-Author

"FERC Launches Investigation of Pipeline Rates and Clarifies What Triggers “Control” Concerns in Public Utility Transactions," Covington E-Alert (12/10/2009)
William Massey Co-Author, Wilbur Earley Co-Author

"Nine Federal Agencies Sign MOU to Spur Transmission Line Siting on Federal Lands," Covington E-Alert (11/5/2009)
William Massey Co-Author, Wilbur Earley Co-Author

"FERC Approves Largest Civil Penalty Ever Relating to Violations Of Electric Reliability Standards; Commissioners Moeller And Spitzer File Concurrences," Covington E-Alert (10/15/2009)
William Massey Co-Author

"FERC Finds No Market Manipulation in Connection with Lake Erie Loop Flow, Clears the Way for Midamerican's Integration Into MISO, Addresses Reporting Requirements for Non-Interstate Pipelines, and Proposes Incorporation of NAESB Standards," Covington E-Alert (7/27/2009)
William Massey Co-Author, Wilbur Earley Co-Author

"FERC Adopts Smart Grid and Interim Rate Policy and Affirms Need for Demand Response," Covington E-Alert (7/24/2009)
William Massey Co-Author, Wilbur Earley Co-Author

"President Obama Announces Intent to Nominate New FERC Commissioner; Ferc Names New Head Of Enforcement and Revises Reporting Requirements For New Generation Sites," Covington E-Alert (6/25/2009)
William Massey Co-Author, Wilbur Earley Co-Author

"FERC Acts On Major Transmission Line Between Quebec And New England To Move Hydropower, Requests More Comments On Rate Policy For Smart Grid Investments, And Adopts Further Blanket Authorization Reporting Requirements," Covington E-Alert (6/1/2009)
William Massey Co-Author, Wilbur Earley Co-Author

"Renewable Energy Projects on the OCS - The Regulatory Path is Clarified," Covington E-Alert (5/7/2009)
William Massey Co-Author, Wilbur Earley Co-Author

"FERC Awards Incentives for Major Midwest “Green” Transmission Project," Covington E-Alert (4/29/2009)
William Massey Co-Author, Wilbur Earley Co-Author

"FERC Proposes Smart Grid Priorities and Interim Rate Policy," Covington E-Alert (3/24/2009)
Wilbur Earley Co-Author, William Massey Co-Author

"Biofuels Growing Beyond Corn," Legal Times (3/16/2009)
William Massey Co-Author

"A Summary of Key Energy and Environmental Provisions of the American Recovery and Reinvestment Act of 2009," Covington E-Alert (2/17/2009)

"FERC Issues Two Show Cause Orders For Alleged Violations Of Anti-Manipulation Rule And Approves Settlements For Violations And Attempted Violations In Connection With Multiple Affiliate Bidding Strategy In Gas Pipeline Open Season; Commissioners Moeller And Spitzer Dissent," Covington E-Alert (1/22/2009)
William Massey Co-Author

"FERC Clarifies Regulations and Reporting Requirements for Holding Companies, Announces New Pipeline Posting Requirements, Opens Inquiry into Non-Interstate Pipeline Posting Requirements, and Denies Rehearing of Order Lifting Maximum Rate Ceiling for Short-Term Pipeline Capacity Releases," Covington E-Alert (12/2/2008)
Wilbur Earley Co-Author, William Massey Co-Author

"FERC Acts on Enforcement Compliance Policy, Standards of Conduct and Organized Electricity Markets," Covington E-Alert (10/27/2008)
Wilbur Earley Co-Author

"FERC Acts on Natural Gas Transparency Reporting, Electricity Transmission Pricing, and Capacity Markets," Covington E-Alert (9/24/2008)
William Massey Co-Author, Wilbur Earley Co-Author

"Significant FERC Action on Gas Pipeline Capacity Release, Electricity Reliability Enforcement, and Electricity Open Access Policy," Covington E-Alert (6/26/2008)
William Massey Co-Author, Wilbur Earley Co-Author

"FERC Issues Significant Package of Enforcement Reforms," Covington E-Alert (5/21/2008)
William Massey Co-Author

"FERC Proposes New Standards of Conduct Rules," Covington E-Alert (3/26/2008)
William Massey Co-Author, Wilbur Earley Co-Author

"Implementation of the Federal Energy Regulatory Commission's Enforcement Authority," White Paper (11/14/2007)
William Massey Co-Author

"FERC Acts on Key Electricity Market Issues," Covington E-Alert (6/25/2007)
William Massey Co-Author, Wilbur Earley Co-Author

"Perspectives on U.S. Energy Policy," 2006 Deloitte Energy Conference, Washington, DC (January 2006)
William Massey

"Energy Deals," Covington E-Alert (January 2006)
William Massey Co-Author

"Reliability-Based Competition in Wholesale Electricity: Legal and Policy Perspectives," Energy Law Journal (November 2004)
William Massey Co-Author

"Ambitious Environmental and Energy Goals Collide in New York," Legal Opinion Letter - Washington Legal Foundation (2/8/2002)
Theodore Garrett Author

"Oil and Gas in Grants and Reservations of‘Minerals: When is a Mineral Not a Mineral?," Eastern Mineral Law Foundation (Chapter 10) (January 1984)
Russell Carpenter