Ninth Circuit Finds Scope of FERC's California Energy Crisis Remand Proceedings Too Narrow, Remands for Further Proceedings

On April 29, 2015, the United States Court of Appeals for the Ninth Circuit (the "Ninth Circuit") held that FERC failed to comply with the court's remand order in a 2004 case involving the California Energy Crisis—California ex rel. Lockyer v. FERC ("Lockyer")—by improperly structuring its administrative fact-finding proceeding to focus solely on the accumulation by wholesale power sellers of excessive market share, and not including an analysis of possible deficiencies in transaction reporting by those sellers.  The court remanded the case back to FERC for further proceedings. [Read more]

D.C. Circuit Reverses and Remands Portions of EPA Backup Generator Rules

On May 1, 2015, the U.S. Court of Appeals for the District of Columbia Circuit ("D.C. Circuit") held that the Environmental Protection Agency ("EPA") acted arbitrarily and capriciously when it modified its National Emissions Standards and New Source Performance Standards ("NSPS") to allow backup generators to operate without emission controls for up to 100 hours per year in emergency demand-response programs.  As a result of the ruling, the D.C. Circuit reversed the 100-hour exemption and remanded the rules back to EPA for further action. [Read more]

FERC Fines Maxim Power $5 million for Market Manipulation; Commissioner Clark Dissents

On May 1, 2015, FERC issued an order assessing civil penalties against Maxim Power Corporation, Maxim Power (USA), Inc., Maxim Power (USA) Holding Company Inc., Pawtucket Power Holding Co., LLC, Pittsfield Generating Company, LP (collectively "Maxim") and an Energy Marketing Analyst at Maxim, Kyle Mitton ("Mitton"), finding that Maxim and Mitton violated section 222(a) of the Federal Power Act and FERC's Anti-Manipulation Rule, 18 C.F.R. § 1c.2.  FERC assessed civil penalties of $5,000,000 against Maxim and $50,000 against Mitton.  [Read more]

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