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Voter Initiatives to Limit Mineral Development in Western States Fail

by John W. Andrews Voters in several western states on November 6th defeated citizen-initiated ballot initiatives that would have heavily regulated mineral and energy development.  The highest profile failed initiative was Colorado’s Proposition 112, which would have prohibited new oil and gas drilling within 2500 feet of any structure in the state, or within the […]

Proposed Changes in the Electric Utility Industry Would Fan the Embers of Stranded Costs

by Raymond S. Heyman Initiatives at ballot boxes, legislatures and regulatory agencies in various states in 2018 are aimed at changing the electric utility industry.  Some seek a transition from fossil fuel reliance to renewable fuel dependence.  Others look to replace regulated monopolies with marketplace competitors.  When there is a paradigm shift and utilities believe that […]

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RH
Former Partner

FERC to Consider Updating PURPA: May Signal Big Changes Without New Legislation

by Farris J. Gillman The Federal Energy Regulatory Commission (FERC) announced at its most recent monthly conference that it is taking a new look at PURPA. The Public Utility Regulatory Policies Act (PURPA) was enacted in 1978 in response to the 1970’s energy crisis. It was meant to decrease energy demand by implementing conservation measures […]

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FG
Former Associate

2018 Utah Legislative Session Provides Support for Rural Jobs, Mining and Natural Resource Infrastructure Development

by Denise Dragoo (The following article appears in The Enterprise – Utah’s Business Journal) In his 2017 State of the State address, Gov. Gary R. Herbert challenged Utah businesses to create 25,000 jobs in 25 rural counties throughout Utah over his next four-year term. During the 2017 Legislative Session, the governor’s Rural Jobs Initiative was […]

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Arizona Corporation Commission Adopts Milestone Code of Ethics, Including a Lobbyist Registration Requirement

by Michael W. Patten After a year of development, including workshops and public input, the Arizona Corporation Commission has adopted its first Code of Ethics. The Commission believes that its new Code is the most comprehensive in the country for utility regulatory bodies. As a constitutionally-created branch of Arizona government, the ACC acts in both […]

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The Arizona Corporation Commission’s Landmark Proposed Energy Modernization Plan

by Raymond S. Heyman On January 30, 2018, Commissioner Andy Tobin submitted an expansive Proposed Energy Modernization Plan in Arizona Corporation Commission, Docket No. E-00000Q-16-0289. This docket, the “Review, Modernization and Expansion of the Arizona Renewable Energy Standards and Tariff Rules and Associated Rules” was originally opened in August 2016.  Commissioner Tobin’s Plan includes: The […]

RH
Former Partner

Oil and Gas Industry Seeks to Reframe Mindset on “Infrastructure”

by Frances A. Folin With the uptick in exploration and development resulting from rising oil prices, once again the task of getting resources from their (often rural) development locations to their ultimate destinations has moved to the forefront of the public mind. The President’s highly anticipated infrastructure improvement plan is set to be released soon, […]

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FF
Former Associate

DC Circuit Rules that FERC Must Consider Global Warming in Approving New Natural Gas Pipelines

by Timothy J. Sabo The United States has one of the most extensive natural gas pipeline networks in the world.  This vast network enables the ongoing switch away from coal-fired generation and toward a renewables and natural gas-based electric system.  And it has allowed cheap natural gas produced by fracking to be used throughout the […]

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TS
Former Counsel

Arizona Corporation Commission Making Progress on New Utility Policies Affecting Water Loss, CIAC and CC&Ns

by Michael W. Patten The Arizona Corporation Commission is addressing new policies that could affect a variety of regulated utilities in Arizona in the near future. The policies are intended to provide guidance on issues that are often points of contention in proceedings at the Commission. The Commission has opened three separate dockets and has […]

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Apocalypse Now? Not Much Has Changed in the Last Six Months

by Raymond S. Heyman It has almost been six months since the Trump administration came into power. At that time, energy and environmental stakeholders were either celebrating the advent of a period of progressive reform or lamenting the end of conscientious conservation and stewardship. A review of the impact of what the Trump administration has […]

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RH
Former Partner