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Cairncross & Hempelmann

Tacoma Click! Network Lawsuit Threatens to Restrict Authority of Publicly-Owned Utilities to Meet Community Needs

Washington Courts Get a Second Chance to Clarify Jumbled Doctrines Related to Municipal Utility Authority

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

Regulating Emergency Generators: EPA Denies Rehearing of RICE Rule, Appeals Court is Next Stop

On August 15, the U.S. Environmental Protection Agency (“EPA”) issued a notice denying petitions for rehearing of its new rules governing air emissions from stationary Reciprocating Internal Combustion Engines (“RICE”).

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

City of Palo Alto Issues RFP For Renewable Energy

The City of Palo Alto, California, last week issued an RFP for renewable energy. The request calls for non-escalating contracts for periods of between 5 and 30 …

Cairncross & Hempelmann

Northwest Renewable RFPs: Seattle City Light Issues RFP For Renewable Resources, Portland General’s Is Due Soon

In what has become an annual autumn ritual, Seattle City Light recently issued a Request for Proposals (“RFP”) seeking up to 150,000 MWh of renewable energy or …

Cairncross & Hempelmann

Still Not Out of the Woods: Ninth Circuit Affirms Limits on FERC Jurisdiction Over Publics But Leaves Damages Door Ajar

Earlier today, the U.S. Court of Appeals for the Ninth Circuit issued an opinion confirming that the Federal Energy Regulatory Commission (“FERC”) cannot order publicly-owned utilities to …