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Cairncross & Hempelmann

Ninth Circuit Orders BPA To Reconsider Recovery of Improper Payments to DSIs

Last week, the U.S. Court of Appeals for the Ninth Circuit ordered the Bonneville Power Administration to reconsider whether it should seek recovery of improper payments made to certain Direct-Service Industrial (“DSI”) customers.

Cairncross & Hempelmann

Milestone in Transmission Regulation: U.S. Court of Appeals Upholds Order No. 1000

On Friday, the U.S. Court of Appeals for the District of Columbia Circuit rejected a host of challenges to the Federal Energy Regulatory Commission’s (“FERC”) Order No. 1000, upholding the order in its entirety. As we’ve previously discussed, Order No. 1000 aims to create a level regulatory playing field for independent transmission developers, thus encouraging new sources of badly-needed investment in the nation’s transmission infrastructure.

Cairncross & Hempelmann

New Era of Hydropower Regulation? Corps of Engineers Agrees to Seek NPDES Permits for Hydro Equipment

On August 4, in response to a series of lawsuits brought by the environmental advocacy group Columbia Riverkeeper, the U.S. Army Corps of Engineers agreed to regulatory measures aimed at preventing oil leaks from eight dams on the Columbia/Snake River system.