The Federal Aviation Administration (FAA) has announced a new policy aimed at reducing the amount of time it takes for companies to deploy unmanned aircraft systems (UAS). Specifically, companies that have obtained a Section 333 exemption for a UAS will now receive a “blanket” Certificate of Waiver or Authorization (COA) for flights at or below 200 feet. In the past, once the FAA granted a Section 333 Exemption the exemption holder would also have to file for a separate COA to fly the UAS in a particular block of airspace. The COA approval process can take 60 days. This announcement comes on the heels of the FAA’s release of a proposed rule governing small UAS flights in the United States. A major component of the proposed rule that stakeholders have supported was the FAA’s introduction of alternatives to the COA process. (more…)
WE KNOW ENERGY®
At first blush, there would appear to be no connection between the regulation of electricity and gas services and the FCC’s most recent order on what is commonly called “net neutrality.” But lurking just beneath the surface of that order are arguments and analogies that should be of concern to every lawyer with a connection to the netherworld of electric power and gas regulation. The FCC’s Net Neutrality Order, unless overturned in the inevitable court challenge, represents a precedent for open-ended informal rulemaking without meaningful notice and comment. It also represents the end of the Delegation Doctrine as known and practiced by generations of administrative lawyers because it embodies agency decision making untethered to any legislative determination of policy. (more…)
Egypt’s Egyptian Electric Utility and Consumer Protection Regulatory Agency is expected to issue long-awaited guidelines on special purpose vehicle incorporation. In recent days it has emerged that these guidelines will be more flexible than previously expected. This is expected to be particularly welcome news to prequalified developers interested in participating in multiple projects within the feed In tariff programme.
However, it is expected that the rules will require developers seeking to maximise their participation in the program to act quickly. (more…)
Alastair Young, Darren Spalding and Adam Waszkiewicz
The existing tax regime for exploration and production of oil and gas in the UK and UK Continental Shelf (“UKCS”) comprises three elements:
(i) Petroleum Revenue Tax (“PRT”) at a rate of 50% which is levied on profits from fields given development consent before 16 March 1993;
(ii) Ring Fence Corporation Tax at a rate of 30% levied on the post-PRT profit of companies engaged in oil and gas extraction activities; and
(iii) Supplementary Charge at a rate of 30% (with effect from 1 January 2015, prior to the 2014 Autumn Statement this was levied at a rate of 32%) which is levied on the post-PRT profit of companies engaged in oil and gas extraction activities, (more…)
Robert E. Pease
During the past few months, there have been a number of important developments concerning FERC enforcement matters. FERC Enforcement staff is involved in four cases that are currently in litigation either before a FERC administrative law judge or in Federal district court. This is the easily the most cases that FERC Enforcement has had in court at any one time. In addition, FERC has three other cases in the order to show cause stage and it appears that all three may also end up in federal court. There are a number of consequences from this unprecedented amount of enforcement litigation. First, market participants should get some clarity from the courts on the reach of the FERC anti-manipulation rule. These are the first court challenges on the rule. Second, FERC enforcement investigations have slowed considerably. While FERC has significant resources devoted to enforcement, FERC did not staff that division expecting this many simultaneous court actions. Absent a considerable influx of staff, FERC investigations will take longer to resolve. (more…)
Bracewell & Giuliani
On Thursday, 5 March, Bracewell & Giuliani, Shalakany Law Office and the Middle East Solar Industry Association hosted a webinar: Alternating Currents – the latest on Egypt’s Feed In Tariff for Renewable Power.
A distinguished panel discussed the FiT program and in particular, the guidelines on SPV formation and other issues just minutes after they were made available to prequalified bidders.
A recording of this webinar is available here.