FERC Proposes To Limit Availability Of Tariff Waivers

Posted on: May 27, 2020 By: Stephen Hug, Catherine McCarthy, David Perlman
At its May 21, 2020 meeting, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order soliciting comments on a proposed policy statement respecting the waiver of tariff requirements. [1] As discussed further below, the proposed policy statement represents a marked change relative to FERC’s existing practices on tariff waivers and, if adopted, would limit the circumstances in which an entity would be able to obtain waiver of a tariff provision to excuse actions or omissions occurring prior to the submission of a petition for relief. When issuing the proposed policy,...
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Power
FERC

LNG lockdown lessons: what next for the LNG industry post-COVID?

Posted on: May 21, 2020 By: Nina Howell, Nicholas Neuberger, Darren Spalding
Despite the current challenges of the COVID-19 pandemic and low LNG prices, the future is bright for LNG. Bracewell considers the impact of the COVID-19 pandemic, the lessons for the LNG sector and how the LNG SPAs of the future may be adapted so the LNG industry can continue to thrive. An industry in turmoil The LNG industry was already dealing with more than its fair share of challenges when it was thrown further off course by the “double whammy” of reduced energy demand due to the steep decline in economic and industrial activity triggered by COVID-19 and the plunge in LNG prices caused by...
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Natural Gas/LNG

The Commodity Futures Trading Commission Guidance

Posted on: May 20, 2020 By: Michael Brooks
The Commodity Futures Trading Commission (“CFTC” or “Commission”) Division of Enforcement (“Division”) today issued “ Civil Monetary Penalty Guidance ” regarding factors staff will consider when recommending civil monetary penalties to the Commission. The guidance tracks with prior guidance and current practices but can serve as a helpful resource for measuring and mitigating enforcement risk. The guidelines identify three broad categories of factors staff considers: 1. Gravity of the Violation The Division will consider the (a) nature and scope of the violation (e.g., duration and degree of...
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CFTC

VAT to increase to 15% in KSA – what does this mean for PPPs?

Posted on: May 11, 2020 By: Andrej Kormuth
Saudi Arabia’s Minister of Finance, Mohammed Al-Jadaan, announced on 11 May 2020 that VAT in the Kingdom (currently at 5%) will be increased to 15% from 1 July 2020. While this move is undoubtedly a sound fiscal step in the context of the ongoing global economic slump resulting from the COVID-19 crisis, the timing of the announcement has taken most (particularly in the CAPEX heavy infrastructure and utilities market) by surprise. It goes without saying that all PPP developers, in whatever sector, need to take a fresh look at their resultant cash-flow and revenue generation position and...
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International