In the News

Washington, D.C. Super Lawyers Recognizes Three from Haynes and Boone

WASHINGTON, D.C. – Three Haynes and Boone, LLP lawyers have been named in the 2013 Washington, D.C. Super Lawyers annual award listing. >>

Haynes and Boone Represents Citigroup in $1.3B New Notes and $124M Unsecured Exchange Offer for EFH and EFIH

A team of Haynes and Boone, LLP lawyers, working with attorneys from Shearman & Sterling LLP, assisted Citigroup and Goldman Sachs on state regulatory and environmental aspects of two exchange offers for Energy Future Holdings Corp. (EFH) and Energy Future Intermediate Holding Company (EFIH) for $1.3 Billion in New Notes and an Unsecured Exchange Offer for $124 Million. >>



Recent Publications

Offshore Magazine Guest Article: Proposed Offshore Seismic Rules Appear to Lack Scientific Rigor

No one knows for certain what will turn up when a drill bit reaches target depth, but seismic data allow robust estimates of the probability of success. This has never been truer than today as a result of dramatic technological advances in seismic surveying and computer modeling. >>

Dodd-Frank Update: CFTC ISO/RTO Exemptive Order

On March 28, 2013, the Commodity Futures Trading Commission (“CFTC”) issued a final order exempting specified transactions by certain regional transmission organizations (“RTO”) and independent system operators (“ISO”) from all but the general anti-fraud and anti-manipulation prohibitions of the Commodity Exchange Act (“CEA”) and related CFTC regulations promulgated thereunder (“Exemptive Order”). >>

Ken Hurwitz: BOEMRE's SEMS requirements to have long ripple effects

The effects of the new Safety and Environmental Management System (SEMS) requirements for oil and gas companies operating in the OCS are just beginning to be felt. >>

"To Market; To Market" Transportation of Natural Gas and Natural Gas Liquids – The Regulatory Risks

Haynes and Boone Partner Kenneth Hurwitz discussed regulatory isues related to the transportation of natural gas and natural gas liquids at the Marcellus Midstream Conference and Exhibition. >>



Kenneth G. Hurwitz

Partner

Washington, D.C.


800 17th Street, NW
Suite 500
Washington, District of Columbia 20006-3962
T +1 202.654.4521
F +1 202.654.4251

Areas of Practice

Education

  • J.D., University of Pennsylvania Law School, 1976
  • M.B.A., Wharton School of Finance and Commerce, 1976, recipient, Wharton Public Policy Fellowship
  • B.A., Columbia University in the City of New York, 1972, Phi Beta Kappa

Bar Admissions

  • District of Columbia, 1976
  • Maryland
  • New York

Court Admissions

  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Appeals for the Second Circuit
Kenneth G. Hurwitz

Ken Hurwitz is a partner at the firm and has more than 30 years of energy and related regulatory experience. He has practiced extensively in electric power, natural gas and oil pipeline matters before the Federal Energy Regulatory Commission, federal appellate courts and 15 state utility commissions, and has been called upon to handle complex electric power, natural gas and renewable energy transactions.

Prior to becoming a partner at Haynes and Boone, Ken was a partner at Venable in Washington, D.C. where he headed the energy practice. During the mid-1980s, Ken served as Executive Director of the Maryland Public Service Commission.

Ken was selected by his peers for inclusion in Washington, D.C. Super Lawyers, Energy Law, 2008-2010, 2013.

Ken has represented clients in the following recent matters:

FERC Electric

  • Representation of owner of a portfolio of landfill gas power plants in proceeding to determine refunds owed for $24 million of erroneous past billings by ISO for balancing operating reserves.
  • Counseling of power plant operator in connection with an internal investigation of possible violations of FERC, RTO and NERC rules.
  • Handle Federal Power Act Section 203 application to consolidate two major multistate retail electricity suppliers and numerous FERC filings as to the constituent companies.
  • Preparation of comments on behalf of the nation's largest independent oil refiner in FERC reliability rulemaking as to the definition of the Bulk Electric System.
  • Representation of two of the nation's largest landfill gas power plant owners in FERC proceedings challenging excessive distribution-level delivery rates and resulting in the filing of a settlement that reduced such rates to zero.
  • Representation of wind farm, landfill gas power plant and other independent power producers in contested and uncontested interconnection matters in the PJM, MISO, SPP and other regions.
  • Representation at FERC of natural gas fired power plant in obtaining reactive power rates.
  • Representation of developer of largest natural gas power plant in the United States in FERC generator imbalance services proceedings. Led effort to create self-supply option for independent power producers.
  • Representation of electric utility in numerous comprehensive rate cases before FERC and successfully opposing complaint at FERC, and in two U.S. Circuit Court appeals, seeking penalty refunds for failure to file tariffs for fifty years of jurisdictional service.
  • Representation of multi-state wholesale and retail electric marketing company with respect to affiliate issues before FERC and numerous state utility commissions, and preparation of Section 203 application in connection with disposition of jurisdictional assets.

FERC Natural Gas

  • Advise Marcellus Shale gas producer and marketer as to gas sales agreements with pipeline-affiliated marketing affiliate and related pipeline transportation issues.
  • Representation of natural gas fired power plant in negotiating agency and excess gas marketing agreement with marketer to ensure that it complies with FERC’s capacity release rules.
  • Representation of developer of coal gasification facility in negotiating gas marketing agreement and pipeline transportation agreements (and related FERC filings) as to 38 bcf of annual output.
  • Representation of owner of portfolio of power plants in FERC investigatory proceeding involving enforcement of natural gas transportation capacity release rules.
  • Counseling of natural gas producer on the remedies available at FERC in relation to negotiations with natural gas pipeline. 
  • Counseling of natural gas producer on the remedies available at FERC in relation to contested assignment of transportation capacity on interstate pipeline.
  • Representation of natural gas fired power plant developer in negotiating numerous natural gas supply agreements, and transportation service  agreements with pipelines.

FERC Oil Pipeline

  • Representation of major marketer of crude oil at FERC in dispute with oil pipeline over crude oil quality issues; FERC rejected the pipeline’s proposal.
  • Representation of major marketer of crude oil at FERC in disputes with oil pipeline over prorationing; FERC rejected the pipeline’s proposal.
  • Representation of major marketer of crude oil at FERC in disputes with oil pipeline over request for waiver of filing and reporting requirements prorationing; FERC rejected the pipeline’s proposal.
  • Counseling of interested party as to FERC remedies available to prevent the conversion to oil pipeline service of a natural gas pipeline that had received FERC authorization for sale to a municipality.

Transactional, State Commission and Other

  • Representation of wind power developer and turbine manufacturer in negotiation of joint development agreement for 1,000-MW wind power facility and associated wind turbine supply agreement.
  • Representation of two major multistate retail suppliers in state utility commission compliance and licensing matters before ten state utility commissions.
  • Representation of commodity trading advisor in connection with submission of no-action letter request to the CFTC in connection with registration requirements under Dodd-Frank Act.
  • Representation of power plant owner of 230-MW power plant in complex transaction involving restructuring of power purchase agreement and sale of equity interest in leveraged lease.
  • Representation of solar power developer in the negotiation of a PPA with utility purchaser of both energy and Renewable Energy Certificates.
  • Representation of owner of wind farm in negotiating complex cross-border power purchase agreement.
  • Representation of numerous developers in obtaining certificates of public convenience and necessity from state utility commissions in Maryland and North Carolina authorizing construction and operation of natural gas, wind and landfill gas power plants.
  • Representation of municipal waste conversion-based power plant in negotiation of PPA with utility on a Pacific-island protectorate of the United States.
  • Representation of national association of independent power producers in state utility commission proceedings involving issue of whether the utility should be required to utilize competitive bidding for the procurement of electric capacity.
  • Representation of energy industry clients in obtaining loan guarantees and grants from the Department of Energy.
  • Representation of provider of wireless services in connection with Smart Grid issues.
  • Representation of association of distributed power manufacturers in interconnection standards proceedings before the New York Public Service Commission; authored model distributed generation interconnection contract adopted by New York PSC.

Professional Distinctions

  • Notes Editor, Energy Law Journal
  • Co-Chair, Energy Committee, Section of Administrative Law and Regulatory Practice, American Bar Association
  • Chair of the Membership and Communications Committee, and former Member of Council, Section of Administrative Law and Regulatory Practice, American Bar Association
  • Supporting member representative to the Board of the Electric Power Supply Association

Publications

  • "BOEMRE's SEMS requirements to have long ripple effects," interview in Offshore Magazine, April 1, 2011.
  • "Tame the NIMBYism that gets us 'Nowhere Man'," Houston Chronicle, May 7, 2005.
  • "Market power struggle," The Deal, April 11, 2005.
  • "A class apart?," The Deal, September 20, 2004.
  • "Open door to LNG imports closes bit as developers seek new sites," Houston Business Journal, June 25-July 1, 2004.
  • "New kids on the block," The Deal, June 7, 2004.
  • "Cross-Border and Back Again," State Bar of Texas, Oil, Gas and Energy Resources Law Section Report, June 2003.
  • "Gridlock," The Deal, May 27, 2003.

Speeches

  • "Strategies for Success in Shale Gas Development," speech at the Wharton Energy Conference 2011, Philadelphia, Pennsylvania, October 28, 2011.
  • "To Market; To Market" Transportation of Natural Gas and Natural Gas Liquids – The Regulatory Risks,” Presentation to the Marcellus Midstream Conference and Exhibition, Pittsburgh, Pennsylvania, March 22, 2011.
  • "Offshore Exploration, Development and Production: Regulatory Players, Litigation, Legislation and Rules: BOEMRE Since Macondo - A Critical View from Washington," Offshore E&P, and Shale Gas Development Conference, Houston, Texas, December 2, 2010.
  • "FERC and DOE: Recent Developments and Trends in Energy, Power and Gas," Presentation to 9th Annual Gas and Power Institute, September 23, 2010.
  • "CPower SmartTalk Energy Roundtable Session #3 - Current Federal Energy Regulatory Commission issues: Are we knocking on the door of a suite of foundational changes?" June 23, 2010.
  • "Five Contrarian Ideas and Seven Important Points: A Manifesto for Curtailment Service Providers," Presentation to Peak Load Management Alliance, October 20, 2009.
  • "The 2009 Stimulus Act and the Electric Power Industry," Presentation to Gulf Coast Power Association, April 16, 2009.
  • "Energy Policy Act of 2005 - Selected Electricity Provisions," Presentation to Gulf Coast Power Association, August 11, 2005.
  • "Expansion of the Transmission Grid: Challenges and Solutions," Presentation at First Albany Capital's Electric Transmission and Distribution Conference, July 13, 2005.
  • "Alternative Energy Under a Second Term Bush Administration: A Washington Insider's Perspective," Presentation to the New York Society of Security Analysts, November 10, 2004.
  • "The Potential Impact of FERC's SMD Initiative on Renewable Energy Development," Infocast Conference, Houston, Texas, March 25, 2003.

 

Selected Representative Experience


$500 Million Senior Secured Syndicated Credit Facility for New Midstream Energy Limited Partnership
Represented Wells Fargo Securities, LLC as lead arranger and Wells Fargo Bank, N.A. as administrative agent in connection with $500 million senior secured syndicated credit facility for QEP Midstream Partners, LP, a midstream energy master limited partnership with assets in Wyoming, Colorado, Utah and North Dakota.

Deutsche Bank/Green Energy Team Hawaii Biomass Project
Represented Deutsche Bank Securities Inc., as Mandated Lead Arranger and Lender for a $76.1 million loan facility to fund construction of a 7.5-megawatt (net) biomass-to-energy facility on the island of Kaua'i, Hawaii.

Combination of Energy Companies
Represented one of the largest independent energy retailers that markets and sells electricity and natural gas in the U.S. in a combination with Public Power, LLC, in order to form the resulting parent company, Crius Energy, LLC, of both entities.

Initial Public Offering of 10 Million Trust Units
Represented one of the largest independent energy retailers that markets and sells electricity and natural gas in the U.S. in the initial public offering of its indirect parent company on the Toronto Stock Exchange. The initial public offering of 10 million trust units of the parent raised $100 million. The majority of the net proceeds of the offering were used to purchase an approximate 26.8% interest in the client.

Counseled a Wind Energy Company on Interconnection and Operating Agreements
Counseled a wind energy company as to its options for extending the term of an Interconnection and Operating Agreement with the Midwest Independent Transmission System Operator, Inc.

Interconnection Agreements - Wind Power Generation Company
Represented a multi-state wind-power generation company for many years in negotiating numerous interconnection agreements with utilities and PJM.

Savage Mountain Wind Force, LLC
Obtained a certificate of public convenience and necessity from the Maryland Public Service Commission (Case No. 8939) to construct and operate a 40MW wind energy facility to be located in Allegany and Garrett Counties, Maryland.

Approval of Cost-Based Rates by FERC
Obtained from the Federal Energy Regulatory Commission approval of cost-based rates for the sale of ancillary services by a power plant.

Audit of Power Generation Company Under FERC Regulations
Conducted an audit of a power generation company’s natural gas-fired power plants, prepared a report to the company presenting the results of our audit, and “self-reported” to the Federal Energy Regulatory Commission a violation by the company of the Commission’s capacity release regulations. As a result of our efforts, FERC levied no penalties on our client for its violation.

Certificate of Public Convenience and Necessity - Panda-Brandywine, L.P.
Obtained a certificate of public convenience and necessity from the Maryland Public Service Commission (Case No. 8488) to construct and operate a 230MW natural gas fired cogeneration facility located in Prince George’s County, Maryland.

Advised Hedge Fund Regarding Proposed Retail Rate Increase for Electric Service
Advised a hedge fund on the likely legal and political outcomes of BGE’s proposed 72% retail rate increase for electric service and the City of Baltimore’s appeal of the Maryland Public Service Commission’s approval of the proposed rate increase.

Counseled an Oil Pipeline on Options Related to a Conversion Plan
Counseled an oil pipeline as to its options with respect to a plan by a natural gas pipeline company to convert a portion of its facilities into an oil pipeline.

Counseled Investment Bank on Federal Power Action Section 203
Counseled an investment bank as to the Federal Power Action Section 203 implications of alternative methods of selling a power plant owned by its former creditors.

Counseled Investment Bank on Federal Regulatory Issues
Counseled an investment bank, which was acting as lead lender, as to the state and federal regulatory consequences of alternative actions proposed by the borrower, a large gas fired power plant unable to pay its debt service charges.

Counseling on FERC Capacity Release Regulations
Counseled a power plant with respect to the effect of the Federal Energy Regulatory Commission’s revised capacity release regulations on an asset management agreement.

Counseling on New Jersey and Virginia Electric Regulations and Utility Tariffs
Counseled a large data center company with respect to compliance with New Jersey and Virginia electric regulations and utility tariffs.

Advised a Refining Company on Electric Reliability Standards
Advised one of the nation’s largest refining companies with respect to compliance with the new electric Reliability Standards issued by the North American Electric Reliability Corporation and approved by the Federal Energy Regulatory Commission. The refineries, like many large industrials, frequently are supported by on-site power plants and high voltage substations, whose interconnections with the transmission grid conceivably could trigger the need to comply with the Reliability Standards. We helped the refining company analyze pertinent one-line diagrams, document the relationships of its electric assets with the grid and become aware of the specific requirements contained in the possibly relevant reliability standards.

Duke Energy Frederick, LLC
Represented Duke Frederick before the Maryland Public Service Commission in a proceeding (Case No. 8891) in which it sought a certificate of public convenience and necessity to construct and operate a 640MW natural gas fired generation facility proposed to be located in Frederick County, Maryland. Duke Frederick eventually withdrew its application due to the poor economic environment existing at the time for new generation facilities.

Federal Energy Regulatory Commission Issues - Wood Group Power Solutions, Inc.
Represented Wood Group Power Solutions, Inc. before the Federal Energy Regulatory Commission in the filing of a Federal Power Act Section 203 application (Docket No. EC07-27) and a cancellation of rate schedules (Docket No. ER07-414) to enable Wood to purchase and dismantle, for use of the turbines elsewhere, a natural gas fired power plant.

Federal Power Act Section 203 Issues - Valero Energy Corporation
In connection with Valero’s acquisition of Premcor Inc., which owned a mothballed power plant and a wholesale power marketer with a Federal Energy Regulatory Commission-jurisdictional tariff, we represented Valero in first making a Federal Power Act Section 203 filing and then cancelling the wholesale power marketer’s tariff and working with FERC staff to enable Valero and Premcor to withdraw the Section 203 filing.

FERC Proceedings - Industrial Power Generating Company, LLC
Represented Industrial Power Generating Company (“INGENCO”) in numerous Federal Energy Regulatory Commission proceedings (Docket Nos. ER04-1023, ER05-885, ER07-1421, ER07-1422, ER08-549, ER08-550, ER08-573, ER08-574) pertaining to the distribution-level transmission rates charged by the utilities to which Industrial Generating Company is interconnected. Through our efforts, we have substantially reduced the distribution rates paid by INGENCO.

Industrial Power Generating Company, LLC
Obtained a certificate of public convenience and necessity from the North Carolina Utilities Commission (Docket No. EMP-14, Sub 0) to construct and operate a 4-MW landfill gas generation facility to be located in Craven County, North Carolina.

INGENCO Wholesale Power, LLC
Obtained a certificate of public convenience and necessity from the Maryland Public Service Commission (Case No. 9044) to construct and operate a 6-MW landfill gas generation facility to be located at the Newland Park Landfill in Wicomico County, Maryland.

A Wholesale Power Marketing Company
Our client, a wholesale power marketing company, was the seller in an agreement to provide a tranche of wholesale service to a Standard Offer Service provider. Owing to an unexpected change in the quantity of service purchase by the SOS provider, the agreement had become uneconomic. We counseled our client on the regulatory strategies available to reduce or eliminate the economic losses flowing from the agreement.

Interconnection Agreements - Landfill Gas Generation Company
Represented a leading multi-state landfill gas generation company for many years in negotiating numerous interconnection agreements with utilities and PJM.

Advised Refining Company on Crude Oil Transportation Service
Counseled a refining company as to its options in connection with the potential abandonment of crude oil transportation service provided by a crude oil pipeline to one of the company’s refineries.

Panda-Rosemary, L.P.
Represented Panda-Rosemary, a PURPA qualifying facility, in successfully obtaining, over the opposition of Virginia Electric and Power Company, waiver of the Federal Energy Regulatory Commission’s operating and efficiency standards and declaratory judgment recertifying Panda-Rosemary as a qualifying facility (Docket Nos. QF89-241 and EL02-90).

Market-Based Rate Authorization - Panda-Brandywine, L.L.P.
Obtained market-based rate authorization for Panda-Brandywine in Federal Energy Regulatory Commission Docket No. ER08-776.

LG&E Energy Marketing Inc.
Represented LG&E Energy Marketing, a large electric marketer, in complex Federal Energy Regulatory Commission proceedings (Docket Nos. EL02-111, et al.) involving 300 parties concerning the elimination of through-and-out rates between MISO and PJM and the assessment and allocation of Seams Elimination Cost Adjustment Charges.

PLC II
Represented PLC II, the owner of a 50 percent interest in Union Power Partners, which in turn owned and operated a 2,200MW gas fired power generation facility, in Federal Energy Regulatory Commission proceedings (Docket Nos. ER01-2201 and EL02-46) concerning Entergy’s proposed revisions to its Generator Imbalance Agreements. In these proceedings, we successfully led the effort to create a self-supply option for independent power producers.

Negotiation of Tolling and Interconnection Agreements
For the owner of a cogeneration facility with an existing PPA to sell capacity and energy to its interconnected utility, we negotiated a tolling agreement with a replacement purchaser and an interconnection agreement with the interconnected utility.

Proceedings Before the Virginia State Corporation Commission - Competitive Bididng Rules
We represented an ad hoc coalition of three trade groups – Electric Power Supply Association, Virginia Independent Power Producers, Inc. and Virginia Energy Providers Association – in a proceeding before the Virginia State Corporation Commission (Case No. PUE-2007-00066) to ensure that the SCC recognized the continuing validity of the competitive bidding rules in cases when the state’s utilities propose to self-build new generation facilities.

Power Purchase Agreements - Landfill Gas Generation Company
Drafted power purchase agreements for a landfill gas generation facility.

Railroad Commission of Texas Proceeding - Hughes Natural Gas, Inc.
Represented HNG, a natural gas local distribution company, in a Railroad Commission of Texas proceeding (Gas Utilities Docket No. 9731) to increase HNG’s distribution rates.

Regulatory Issues Counseling - Retail Electric Provider
Counseled a large national retail electric provider on the regulatory implications of entering Maryland’s residential electric “choice” market.

Valero Energy Corporation
Represented Valero before the Delaware Public Service Commission concerning the allocation of Standard Offer Service costs to a refinery owned by Valero.

Shared Facilities Agreements - Landfill Gas Generation Company
Negotiated shared facilities agreements with industrial companies and cooperatives on behalf of a leading multi-state landfill gas generation company.

Reliant Energy
Obtained a certificate of public convenience and necessity from the Maryland Public Service Commission (Case No. 8843) to construct and operate a 1,650MW natural gas fired generation facility proposed to be located in Charles County, Maryland.

Interconnection Matters Before FERC - Mendota Hills LLC
Represented Mendota Hills LLC, a wholly owned subsidiary of Gamesa, a Spanish renewable energy company, in interconnection matters before the Federal Energy Commission (Docket No. ER06-407). We obtained a significant ruling from FERC holding that the agreement governing the interconnection of a qualifying facility at distribution level is FERC jurisdictional, so long as the QF intends to export power to the grid.

Representation of Landfill Gas Generation Company
Represented a landfill gas generation company with numerous plants interconnected to a large utility in FERC proceedings in which we succeeded in reducing the plants’ rates for wholesale distribution service to zero.

Representation Before Maryland Department of the Environment - Panda-Brandywine, L.P.
Represented Panda-Brandywine before the Maryland Department of the Environment in the development of Maryland’s Regional Greenhouse Gas Initiative regulations.

Virginia Independent Power Producers, Inc.
We represented Virginia Independent Power Producers, Inc. in a successful attempt to revise legislation before the Virginia General Assembly to ensure that the state’s utilities continue to be subject to competitive bidding rules in procuring new generation capacity.

Special Transaction Committee - Texas Genco Holdings, Inc.
The Special Transaction Committee of the Board of Directors of Texas Genco Holdings, Inc. in connection with the sale of the publicly-held interests in Texas Genco to GC Power Acquisition LLC, an entity owned by investment funds affiliated with The Blackstone Group, Hellman & Friedman LLC, Kohlberg Kravis Roberts & Co. L.P. and Texas Pacific Group.

Site Lease and Gas Sales Agreement - Landfill Gas Generation Company
Negotiated a site lease and gas sales agreement for a landfill gas generation company.

Valero Power Marketing LLC
Obtained market-based rate authorization for Valero in Federal Energy Regulatory Commission Docket No. ER06-1226.

Memberships

  • Association of the Bar of the City of New York
  • Maryland State Bar Association
  • Energy Bar Association
  • American Wind Energy Association
  • National Philharmonic, Board of Directors



Online Publications

03/11/2014 - Offshore Magazine Guest Article: Proposed Offshore Seismic Rules Appear to Lack Scientific Rigor
No one knows for certain what will turn up when a drill bit reaches target depth, but seismic data allow robust estimates of the probability of success. This has never been truer than today as a result of dramatic technological advances in seismic surveying and computer modeling.

05/15/2013 - Dodd-Frank Update: CFTC ISO/RTO Exemptive Order
On March 28, 2013, the Commodity Futures Trading Commission (“CFTC”) issued a final order exempting specified transactions by certain regional transmission organizations (“RTO”) and independent system operators (“ISO”) from all but the general anti-fraud and anti-manipulation prohibitions of the Commodity Exchange Act (“CEA”) and related CFTC regulations promulgated thereunder (“Exemptive Order”).

04/01/2011 - Ken Hurwitz: BOEMRE's SEMS requirements to have long ripple effects
The effects of the new Safety and Environmental Management System (SEMS) requirements for oil and gas companies operating in the OCS are just beginning to be felt.

03/22/2011 - "To Market; To Market" Transportation of Natural Gas and Natural Gas Liquids – The Regulatory Risks
Haynes and Boone Partner Kenneth Hurwitz discussed regulatory isues related to the transportation of natural gas and natural gas liquids at the Marcellus Midstream Conference and Exhibition.

01/06/2011 - Feds Convene Meeting to Discuss Regulations Curtailing Offshore Natural Gas Venting
In a move that indicates significant regulatory changes may be coming to deepwater operations, federal authorities are eyeing new rules curtailing venting of natural gas in the Gulf of Mexico.

11/15/2010 - The Bureau of Ocean Energy Management, Regulation and Enforcement’s New Safety Environmental Management Systems Rule
On October 15, 2010, the Bureau of Ocean Energy Management, Regulation and Enforcement (“BOEMRE”) issued a final rule that makes mandatory and expands API RP 75, a voluntary industry standard initially promulgated in the 1990s, that addresses the management of safety and environmental risks associated with Outer Continental Shelf (“OCS”) operations and facilities.

08/24/2010 - Recent Statutory and Regulatory Developments Related to Hydraulic Fracturing in New York, Pennsylvania, West Virginia and Ohio
The use of hydraulic fracturing, sometimes called "fracking," has made it economically possible to produce hydrocarbons, mainly gas, from the central Appalachian region of the eastern United States. Shale gas development from the Marcellus Shale is focused in four states: New York, Pennsylvania, West Virginia and Ohio.

07/08/2010 - Law Applicable to Hydraulic Fracturing in the Shale States
The use of hydraulic fracturing has made it economically possible to produce hydrocarbons from reservoirs which previously would have been uneconomical to develop. Now, an extraordinary oil and gas boom is afoot in America, and onshore natural gas production is advancing at an extraordinary pace.

10/12/2009 - DOE to Rely on Private Sector to Expedite Renewables Loan Guarantee Program
On October 7, 2009, U.S. Energy Secretary Steven Chu announced that the Department of Energy (“DOE”) will make a long-anticipated fundamental change in the administration of the Section 1705 loan guarantee program. The 1705 program is designed to accelerate the development of conventional renewable energy generation projects. The fundamental change will expedite the processing of loan guarantee applications.

02/19/2009 - The Opportunities and Risks of the New Federal Stimulus Bill
On February 19th, Haynes and Boone hosted a teleconference examining the business opportunities and risks inherent in the American Recovery and Reinvestment Act of 2009 (commonly referred to as the Stimulus Bill). To learn more about how this important new legislation will impact you and your business, please contact your Haynes and Boone attorney. 

Energy Policy Act of 2005: Summary of Electricity Title

Energy Policy Act of 2005--Selected Electricity Provisions

Expansion of the Transmission Grid: Challenges and Solutions

Market Power Struggle

11/10/2004 - Alternative Energy Under A Second Term Bush Administration: A Washington Insider's Perspective

9/20/2004 - A Class Apart?

New Kids on the Block

Gridlock

The Potential Impact of FERC's SMD Initiative on Renewable Energy Development