Energy Legal Blog

Bracewell & Giuliani LLP announced today that five partners, formerly with Dewey & LeBoeuf, will join the firm in its New York, Washington, D.C., and Connecticut offices, effective immediately. The group includes John G. Klauberg, Dewey’s former co-head of the Utilities, Power and Pipelines Global Industry Sector Group, as well as Catherine P. McCarthy, former Dewey co-head of the Energy Regulatory Department. It is anticipated that they also will be joined by a number of associates.

“We are excited to be adding this group,” said Bracewell Managing Partner, Mark C. Evans. “We have been looking to enhance our energy practice in the northeast, and our new partners will immediately help us in this regard. Many of our partners have worked with John and Cathy and their teams for years and have great respect for their work. They will all be outstanding additions to the firm,” added Evans.

The partners include John G. Klauberg and Frederick J. Lark (New York); Catherine P. McCarthy and David R. Poe (Washington, D.C.); and Charles F. Vandenburgh (Connecticut).

For more information, click here.

After months of speculation, the U.S. Department of Interior today gave the public its first look at proposed federal regulations that would govern hydraulic fracturing and well stimulation operations by oil and natural gas companies on federal and Indian lands. A 60-day comment period is expected to begin upon publication of the proposal in the Federal Register.

Among other things, the proposed regulations would require that prior to commencement of well stimulation operations the operator must (1) obtain BLM approval  of the proposed well stimulation operations; (2) submit a wide range of data related to geology and mechanical integrity of the well; (3) potentially perform corrective work on the well cementing based on BLM’s analysis of cement bond logs; (4) disclose the chemicals/additives proposed to be used in the well stimulation operation; and (5) submit detailed information related to the proposed water supply, water management techniques, and recovered fluids handling.    (more…)

As previously noted in an Energy Legal Blog post on March 19, in an order resolving a complaint filed by DC Energy, LLC and DC Energy Mid‐Atlantic, LLC against PJM Interconnection LLC (PJM), the Federal Energy Regulatory Commission (FERC) has ruled that in order for an Internal Bilateral Transaction (IBT) to be “reported to” PJM, it must meet a newly clarified physicality test set forth in Section 1.7.10 of the PJM Tariff (March 9th Order) .

Our previous blog post on this subject pointed out that the application of  the March 9th Order may have a significant impact on forward transactions in PJM, particularly those with a PJM Western Hub delivery point. Trading hubs, such as the PJM Western Hub, were created to provide a vehicle for market participants to engage in forward trades of a regional product.  The language of the March 9th Order raised significant questions as to whether such transactions are compliant with the PJM Tariff as interpreted by FERC.

On April 9, DC Energy and Scylla Energy filed for rehearing  of the March 9th Order.  In their rehearing requests they contended, inter alia, that (more…)

Bracewell & Giuliani partner and former EPA air chief Jeff Holmstead appeared on E&E TV’s OnPoint program to discuss EPA’s proposed New Source Performance Standards (NSPS). Holmstead and E&E TV managing editor Monica Trauzzi also reviewed EPA’s latest air regulation and its probable impacts on the construction of new coal-fired power plants, coal and natural gas markets, and prospects for economic growth.

To watch the interview, click the image below or here.

Since 2010, companies involved in hydraulic fracturing in Wyoming have been subject to disclosure requirements related to the chemicals they use in the fracking process. However, a number of those chemicals have been exempted from disclosure due to their trade secret status. Environmentalists are pushing to chip away at this exemption, but as Jason Hutt, Bracewell & Giuliani environmental strategies partner, states, “If companies can’t get the benefit of their intellectual capital, we don’t get the benefit of their innovation.”  For a Reuters report on this issue, click here.

On March 23, 2012, the New York Public Service Commission (NYPSC) issued an order that imposes a new annual reporting requirement on wholesale electric generators that own generation facilities in New York and certain other electric and gas corporations beginning in 2013 (March 23 Order).  The order solicits comments on the proposed reporting form.  (more…)