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Table of Contents
CONTENTS
President’s Message
Editor-in-Chief’s Page
In Memoriam
ARTICLES
Climate Change Law: An Introduction
John C. Dernbach
Seema Kakade
Asian Amperes: Chinese Electric Power
Hon. Richard D. Cudahy
Changing Resources, Changing Market: The Impact of a National
Renewable Portfolio Standard on the U.S. Energy Industry
Joshua P. Fershee
National Renewable Portfolio Standard: Smart Policy
or Misguided Gesture?
Robert J. Michaels
Developing Energy Policy for Europe: A Finnish Perspective
on Energy Cooperation in the European Union
Pekka Voutilainen
Canaries in the Coal Mine: Facts From Securities
Fraud Private Civil Actions Can Identify Intent
to Manipulate Energy Markets
J. Michel Marcoux
“Decoupling” for Energy Distributors: Changing
19th Century Tariff Structures to Address
21st Century Energy Markets
Jeff D. Makholm
EBA Climate Change Primer: Cap and Trade
Energy Bar Association
EBA Climate Change Primer: Financing a Renewable Project
Energy Bar Association
BOOK REVIEW
Energy Autonomy: Getting Serious About Renewable Energy
Reviewed by Darrell Blakeway
COMMITTEE REPORTS
Alternative Dispute Resolution
Judicial Review
Renewable Energy
CONTENTS
President’s Message
Editor-in-Chief’s Page
ARTICLES
Recognizing the Importance of Demand Response: The Second Half of the Wholesale Electric Market Equation
Hon. Jon Wellinghoff and
David L. Morenoff
China’s Power Sector: Global Economic and Environmental Implications
Robert W. Gee
Songbin Zhu and
Xiaolin Li
The Potential Law of On-Shore Geologic Sequestration of CO2 Captured from Coal-Fired Power Plants
Jeffrey W. Moore
Wind Power: Generating Electricity and Lawsuits
Brit T. Brown and
Benjamin A. Escobar
Alternative Dispute Resolution at RTOs, ISOs, and Power Pools
EBA Alternative Dispute Resolution Committee
Ensuring Consideration of the Public Interest in the Governance and Ac-countability of Regional Transmission Organizations
Michael H. Dworkin and
Rachel Aslin Goldwasser
New Metrics for Measuring the Success of a Non-Profit RTO
Richard A. Drom
EPAct’05 Implementation: Is FERC in Full Compliance?
Jay Morrison
NOTES
Limiting Tribal Rights Under the Federal Power Act: Skokomish Indian Tribe v. United States
Tyler Harden
Will the CERCLA Be Unbroken?: E.I. DuPont De Nemours & Co. v. United States
Marina K. Greek
COMMENT
Driving the Market: The Effects on the United States Ethanol Industry if the Foreign Ethanol Tariff is Lifted
Kaylan Lytle
COMMITTEE REPORTS
Natural Gas Regulation
Nuclear Energy
Oil Pipeline
CONTENTS
President’s Message
Editor-in-Chief’s Page
ARTICLES
Who Pays, Who Benefits, and Adequate Investment
in Natural Gas Infrastructure
William B. Tye and
José Antonio García
Growing Pains: FERC’s Responses to Challenges to
the Development of Oil Pipeline Infrastructure
Christopher J. Barr
Regulating Avian Impacts Under the Migratory Bird Treaty
Act and Other Laws: The Wind Industry Collides with One
of its Own, the Environmental Protection Movement
John Arnold McKinsey
Insurance for the Energy Industry in the Wake of Katrina and Rita
New Orleans Chapter of the EBA
The Russian Gas Industry, its Legal Structure, and
its Influence on World Markets
Yuli Grigoryev
Measuring the Benefits and Costs of Regional
Electric Grid Integration
Seth Blumsack
Formation and Nurture of a Regional State Committee
William H. Smith, Jr.
NOTE
In Search of a Remedy to the Nuclear Storage Conundrum:
Western Shoshone National Council v. United States
Andrew J. Butcher
BOOK REVIEW
Le génie français AND Témoignage
Reviewed by Philip M. Marston
COMMITTEE REPORTS
Antitrust
Electricity Regulation
Finance and Transactions
Judicial Review
Legislation and Regulatory Reform
CONTENTS
President’s Message
Editor-in-Chief’s Page
ARTICLES
Warnings to the Unwary: Multi-Jurisdictional Federal Enforcement
of Manipulation and Deception in the Energy Markets After the
Energy Policy Act of 2005
Allan Horwich
Regulation and Liberalization of the European Electricity Market –
A German View
Prof. Dr. Thomas von Danwitz
Congress Got it Right: There’s No Need to Mandate Renewable
Portfolio Standards
Mary Ann Ralls
Liquefied Natural Gas (LNG) Litigation After the Energy Policy
Act of 2005: State Powers in LNG Terminal Siting
Jacob Dweck, David Wochner,
and Michael Brooks
The Sage Approach to Immediate Entry by Private Entities Exercising
Federal Eminent Domain Authority Under the Natural Gas Act and the
Federal Power Act
Jim Behnke and
Harold Dondis
Long-Term Natural Gas Contracts: Dead, Dying, or Merely Resting?
Jeffrey M. Petrash
For the Long Haul: The Suitability of the Base Contract
for the Sale and Purchase of Natural Gas for
Long-Term Transactions
Karen Goepfert
COMMENT
Curiosity and Carbon: Examining the Future of Carbon Sequestration
and the Accompanying Jurisdictional Issues as Outlined in the Indian
Energy Title of the 2005 Energy Policy Act
Leslie R. Dubois
COMMITTEE REPORTS
Natural Gas Regulation
Nuclear Regulation
CONTENTS
Editor’s Page
ARTICLES
PUHCA’s Gone: What is Next For Holding Companies?
Markian M.W. Melnyk
William S. Lamb
The Energy Policy Act of 2005:
PURPA Reform, the Amendments And their Implications
Michael D. Hornstein
J.S. Gebhart Stoermer
Emerging Issues Relating to the Burgeoning Hydrogen Economy
Peter M. Crofton
What is Happening and Where In the World of RTOs and ISOs?
Clinton A. Vince, Sherry A. Quirk,
Stanley P. Wolf, Travis R. Smith,
Sandra Barbulescu, and Monica Berry
North American Energy Standards Board:
Legal and Administrative Underpinnings Of a Consensus Based Organization
William P. Boswell and
James P. Cargas
Competition is a Sin: An Evaluation
Of the Formation and Effects Of a Natural Gas OPEC
Monika Ehrman
NOTES
California ex rel. Lockyer v. FERC: In Which the 9th Circuit Tells the FERC “Yes, You Can”
Saginaw Bay Pipeline Company v. United States: Saginaw Wins the Pipeline Depreciation Battle, But is the War Over?
BOOK REVIEW
Collapse: How Societies Choose to Fail or Succeed by Jared Diamond
Twilight in the Desert by Matthew R. Simmons
Reviewed by Jonathan D. Schneider
COMMITTEE REPORTS
Antitrust
Electricity Regulation
Judicial Review
Legislation
CONTENTS
Editor’s Page
ARTICLES
The Subdelegation Doctrine and the Application of Reference Prices In Mitigating Market Power
Hon. Suedeen Kelly, Maria F. Vouras and Jennifer S. Amerkhail
Whither Order No. 888?
John S. Moot
Energy and the Environment: The Future of Natural Gas in America
U.S. Sen. James M. Inhofe and Frank Fannon
70th Anniversary Celebration Of the Federal Power Act
Hon. Richard D. Cudahy
Reconciling Market-Based Rates with the Just and Reasonable Standard
Jeffrey McIntyre Gray
Applying the Mobile-Sierra Doctrine to Market-Based Rate Contracts
David G. Tewksbury and Stephanie S. Lim
Securities Litigation in The Utility Sector
James G. Bohn
NOTES
Williams Gas Processing—Gulf Coast Company, L.P. v. FERC: Remedies for Producers in the Absence of FERC Regulation
In re American Rivers and Idaho Rivers United
SUBMITTED COMMITTEE REPORTS
Antitrust
CONTENTS
Editor’s Page
In Memoriam: Richard A. Solomon
In Memoriam: Radford Lawrence Schantz
ARTICLES
Market Manipulation, Market Power, And the Authority of the Federal Energy Regulatory
Commission
Hon. Joseph T. Kelliher
From Insull to Enron: Corporate (Re)Regulation After the Rise And Fall of Two Energy Icons
Economic Theories of Regulation and Electricity Restructuring
Hon. Richard D. Cudahy and William D. Henderson
Tradable Green Certificate Systems in the E.U.
Giovanna Golini
Liquefied Natural Gas Import Terminals: Jurisdiction over Siting, Construction, And Operation in the Context of Commerce Clause Jurisprudence
Monica Berry
NOTE
If It’s Worth a Dam, It’s “Navigable Waters”: A Proposed Revision of Section 3(8) of the FPA Derived from Decisions Followed in FPL Energy Maine Hydro LLC v. FERC
COMMENT
The Tangled Web: Regulation, Interstate Pipeline Companies, And Due Process Rights of Property Owners
BOOK REVIEW
Crude Awakenings: Global Oil Security and American Foreign Policy
Reviewed by Jonathan D. Schneider
SUBMITTED COMMITTEE REPORTS
Electric Utility Regulation
Legislation and Regulatory Reform
Natural Gas Regulation
CONTENTS
President’s Message
Dedication to William A. Mogel
In Memoriam: Jerome J. McGrath
In Memoriam: Howard E. Wharenbrock
ARTICLES
Energy Law Journal 25th Anniversary Celebration—Washington, D.C., Keynote Address April 28, 2004
Hon. Richard D. Cudahy
Economic Theories of Regulation and Electricity Restructuring
John S. Moot
Reliability-Based Competition in Wholesale Electricity: Legal and Policy Perspectives
William L. Massey, Robert S. Fleishman and Mary J. Doyle
Benchmarking the Price Reasonableness of a Long-Term Electricity Contract
Ren Orans, C.K. Woo and William Clayton
Hydrogen and Tort Law: Liability Concerns Are Not a Bar to a Hydrogen Economy
William Vincent
Canada’s Role in the United States’ Oil and Gas Supply Security: Oil Sands, Arctic Gas, NAFTA, and Canadian Kyoto Protocol Impacts
Alastair R. Lucas
NOTE
Using Alaska v. EPA to Unmask the Clean Air Act
BOOK REVIEW
The Smartest Guys in the Room: The Amazing Rise and the Scandalous Fall of Enron
Reviewed by Jonathan D. Schneider
SUBMITTED COMMITTEE REPORTS
Alternative Dispute Resolution
Antitrust
CONTENTS
Editor’s Page
ARTICLES
Beyond the Stopwatch: Determining Appellate Venue on Review of FERC Orders
Nicholas W. Fels
Appropriateness of Imposing Common Carrier Status on Interstate Natural Gas Pipelines
William A. Mogel and John P. Gregg
Reconstituting the Natural Gas Industry From Wellhead to Burnertip
Richard J. Pierce, Jr.
Open Access and Transition Costs: Will the Electric Industry Transition Track the Natural Gas Industry Restructuring?
Donald F. Santa, Jr. and Cifford S. Sikora
Retail Wheeling: Is This Revolution Necessary?
Hon. Richard D. Cudahy
Securitization and Stranded Cost Recovery
Walter R. Hall II
SUBMITTED COMMITTEE REPORTS
Natural Gas
Oil Pipeline
CONTENTS
President's Message
In Memoriam: John Kelly Keane, Jr
In Memoriam: Alan J. Roth
ARTICLES
Liquefied Natural Gas: Regulation in a Competitive Natural Gas Market
Gearold L. Knowles
Market-Based Ratemaking and the Western Energy Crisis of 2000 and 2001
Michael J. Gergen, George D. Cannon, Jr. and David G. Tewksbury
Tort Law Considerations for the Hydrogen Economy
Russell Moy
NOTE
Transmission Agency of Northern California v. Sierra Pac. Power Co
Exxonmobil Gas Mktg. Co. v. FERC
BOOK REVIEWS
Oil and Gas Exploration Contracts
Reviewed by Michael J. Wozniak
The Energy Handbook
Reviewed by Jonathan D. Schneider
SUBMITTED COMMITTEE REPORTS
FERC Administration
Legislation and Regulatory Reform
E-Commerce
International Energy Transactions
Judicial Review
CONTENTS
Editor's Page
In Memoriam: Lewis Carroll
In Memoriam: Richard A. Rosen
ARTICLES
Investing in the Plain Vanilla Utility
Leonard S. Hyman
Electricity Deregulation: Lessons Learned From California
Peter Navarro and Michael Shames
May the FERC Rely on Markets To Set Electric Rates?
Gerald Norlander
Electricity in Transition: Implications For Regulation and Antitrust
Albert A. Foer and Diana L. Moss
The Pipeline Safety Improvement Act of 2002
Theresa I. Zolet and Susan A. Moore
NOTE
Consolidated Edison Co. of New York v. Pataki
BOOK REVIEWS
The Hydrogen Economy
Reviewed by Frederick Moring
SUBMITTED COMMITTEE REPORTS
Antitrust
Electric Utility Regulation
Natural Gas
Oil Pipeline
CONTENTS
President's Message
In Memoriam: Judy M. Johnson
ARTICLES
Competition in Wholesale Electric Power Markets
Peter Fox-Penner, Gary Taylor,
Romkaew Broehm and James Bohn
The Used and Useful Test: Implications For a Re-structured Electric Industry
Jonathan A. Lesser
The Pig in the Python: Is Lumpy Capacity Investment Used and Useful?
William J. Baumol and J. Gregory Sidak
Performance-Based Regulation of Utilities
Mark Newton Lowry and Lawrence Kaufmann
Regulatory and Tax Treatment of Electric Interconnection Facilities
Jackie S. Levinson and Andrew D. Schifrin
The Portuguese Renewable Energy Market
Tiago Ferreira de Matos
COMMENT
The Legal Impediments to Distributed Generation
BOOK REVIEWS
Making Competition Work in Electricity
Reviewed by William A. Mogel
Natural Gas & Electric Power Industries Analysis
Reviewed by Jonathan D. Schneider
SUBMITTED COMMITTEE REPORTS
Ethics
Finance and Transactions
CONTENTS
Editor´s Page
In Memoriam: The Honorable
Max Kane
Albert
Rhett Simonds, Jr
ARTICLES
Market Power Analysis
of the Electricity Generation Sector
William H. Hieronymous, J. Stephen Henderson,
and Carolyn A. Berry
Measuring Market Power
in the U.S. Electricity Business
Craig R. Roach, Ph.D.
Regional Transmission
Organizations: Federal Limitations
Needed for Tort Liability
Richard J. Pierce, Jr.
Legal Principles Surrounding
the New Canadian and American
Arctic Energy Debate
Alexander J. Black
Meeting the Challenges
of Environmental Imperatives:
The Hydrocarbon Sector in Trinidad and Tobago
Rajendra Ramlogan, Ph.D.
NOTE
Niagara Mohawk
Power Corp. v. FERC
COMMENT
The Legal Problems
of Spent Nuclear Fuel Disposal
BOOK REVIEWS
Energy Derivatives:
Trading Emerging Markets
Reviewed by Thomas E. Hirsch, III
The New Rules: A Guide
to Electric Market Regulation
Reviewed by William A. Mogel
SUBMITTED COMMITTEE
REPORTS
Antitrust
Judicial Review
Natural Gas Regulation
CONTENTS
President's Page
ARTICLES
The Efficient Allocation of Proceeds from a
Utility's Sale of Assets
Paul W. MacA voy and J. Gregory Sidak
Chapter 11 Reorganization
of Utility Companies
Ralph R. Mabey and Patrick S. Malone
Avoiding Liability
for Human Rights Violations
in Project Finance
Eric Marcks
Venues and Markets:
Regulating Competitive
Electricity in the West
Robert J. Michaels
Effect of the Telecommunications
Act of 1996
on Access to Electric and Gas Utilities Rights-of-Way
Lawrence G. Acker, Rebecca L. Fowler,
and Elizabeth B. Dickerson
COMMENT
Electric Deregulation in Oklahoma: A Comparison
of Differing Approaches
BOOK REVIEW
A Policy of Discontent: The Making of the National Energy Strategy.
Reviewed by Adam H. Bartsch
SUBMITTED COMMITEE
REPORTS
Environmental and
Public Lands
Electric Utility Regulation
Natural Gas Regulation
CONTENTS
Editor's Page
In Memoriam: Stephen
L. Grossman
ARTICLES
Lessons From the California
“Apocalypse:” Jurisdiction Over Electric Utilities
Nicholas W. Fels and Frank R. Lindh
Regulatory Concepts,
Propositions, and Doctrines: Casualties, Survivors, Additions
Douglas N. Jones
California’s
Electricity Crisis: How Best to Respond to the “Perfect Storm”
Michael A. Yuffee
NOTES
Midcoast Interstate
Transmission, Inc. v. FERC
Mobil Oil Exploration
& Producing Southeast, Inc. v. United States
BOOK REVIEWS
Natural Gas Industry
Analysis for Gas Year 2000-2001
reviewed by Christopher J. Barr
Energy, Economics
and the Environment
reviewed by David B. Spence
SUBMITTED COMMITTEE
REPORTS
Alternative Dispute
Resolution
Antitrust
E-Commerce
Ethics
Judicial Review
CONTENTS
President's Page
In Memoriam: C. Emerson
Duncan, II
In Memoriam: Scott
Klurfeld
In Memoriam:
Melvin Richter
ARTICLES
Using the EEI-NEM
Master Contract to Manage Power Marketing Risks
Andrew S. Katz
The Mobile-Sierra
Rule: Its Illustrious Past and Uncertain Future
Carmen L. Gentile
The Requirements of
the "Just and Reasonable" Standard: Legal Bases for Reform of
Electric Transmission Rates
Patrick J. McCormick III and Sean B.
Cunningham
Transmission at a
Crossroads
Richard P. Bonnifield and Ronald L. Drewnowski
Should Affiliated
Marketers be Treated as Insiders?
Kim G. Bruno
BOOK REVIEW
Energy Law and Policy
for the 21st Century
review by William A. Mogel
SUBMITTED COMMITTEE
REPORTS
Natural Gas Committee
CONTENTS
Editor's Page
In Memoriam: Edward
S. Kirby
ARTICLES
Who Needs What, and
Why? Reporting and Disclosure Obligations in Emerging Competitive Electricity
Markets
Donald F. Santa, Jr.
Universal Service
in Competitive Retail Electric Markets: Whither the Duty to Serve?
Jim Rossi
What Can We Expect
From Restructuring In Natural Gas Distribution?
Dr. Jeffrey J. Leitzinger and Steve Ostrover
Antitrust Law Regulation:
A New Focus For a Competitive Energy Industry
Ray S. Bolze, John C. Pierce, and Linda
L. Walsh
Tracking Stranded
Costs
Ajay Gupta
NOTES
Dayton Power v. Browner
Indianapolis Power
& Light Co. v. Pennsylvania
Public Utility Commission
BOOK REVIEW
888 Annotated User’s
Guide to the Federal Energy Regulatory Commission’s Open Access
Tariff
reviewed by Howard E. Shapiro
SUBMITTED COMMITTEE
REPORTS
Administrative Practice
and Administrative Law Judges
Antitrust
Ethics
Judicial Review
CONTENTS
President's Page
In Memoriam: Reuben
Goldberg
In Memoriam: J. David
Mann
ARTICLES
A Jurisdictional Clash
Over Electricity Transmissions: Northern States Power v. FERC
William H. Penniman and Paul B. Turner
The Governance of
Transmission Operators
Robert J. Michaels
The Purchase of U.S.
Nuclear Power Plants by Foreign Entities
Martin G. Malsch
Proposed Changes for
the Mexican Electric Industry
Emilio Carrillo Gamboa
Electricity Competition
and Fair Market Access in Canada
Alexander J. Black
Venezuela
as an Opportunity for Investment in the Petroleum
Industry
Jay G. Martin
NOTES
General Motors Corporation
v. Tracy
SUBMITTED COMMITTEE
REPORTS
Electric
Antitrust
CONTENTS
Editor's Page
ARTICLES
Reassessing the Role
of Regulators of Competitive Energy Markets, or: Walking the Walk of Competition
Hon. Vicky A. Bailey
Behavioral or Structural
Solutions: Prospects for a Deregulated Natural Gas Industry
Andrew J. Sonderman
Georgia’s Natural
Gas Competition and Deregulation Act: A Model for Restructuring Retail
Natural Gas Markets?
Linda S. Portasik
NOTES
FERC’s Right
to Change Policy on Remand
The Right of an Indirect
Customer to Contest FERC-Approved Rate Settlements
Nontraditional Takings
and the Coal Act
SUBMITTED COMMITTEE
REPORTS
Natural Gas Regulation
Administrative Practice
and Administrative Law Judges
Judicial Review
Independent Power
CONTENTS
President's Message
In Memoriam: John
N. Nassikas
ARTICLES
Independent Transmission
Companies: The For-Profit Alternative in Competitive Electric Markets
Stephen Angle and George Cannon, Jr.
Experiments at the
FERC – In Search of a Hypothesis
Paul B. Mohler
The Role of Entry
in Deregulating Gas and Electricity
Roger Ridlehoover
Competition Between
Public and Private Distributors of Electricity in a Restructured Power
Industry
Harvey L. Reiter
The FERC, Stranded
Cost Recovery, and Municipalization
Gregory N. Basheda, Darrell B. Chodorow,
Peter S. Fox-Penner,
Jason A. Hicks,
Eric Hirst, James K. Mitchell, Dean Murphy, and
Joseph B.
Wharton
COMMENT
Recent Decisions Concerning
the DOE’s Commercial Radioactive Waste Disposal Program
Michael A.
Bauser
NOTES
Agency Conditions
on the Relicensing of Hydropower Projects on Federal Reservations
BOOK REVIEW
The Commanding Heights:
The Battle Between Government
and the Marketplace That Is Remaking the Modern World
SUBMITTED COMMITTEE
REPORTS
FERC Administration
Natural Gas Regulation
Electric
CONTENTS
Editor's Page
ARTICLES
The Quest For An Inventive
Utility Regulatory Agenda
Hon. Curt L. Hebert, Jr.
Takings and Beyond:
Implications For Regulation
Paul Turner and Sam Kalen
Safety Jurisdiction
Over Natural Gas Pipelines
Jim Behnke
NOTE
Conoco v. FERC:
Gathering and FERC’s Jurisdiction
SUBMITTED COMMITTEE
REPORTS
Electric Utility Regulation
Environment
Ethics
Judicial Review
CONTENTS
President's Message
In Memoriam: J. Richard
Tiano
In Memoriam: Joseph
C. Swidler
ARTICLES
Regulation of Power
Pools and Systems Operators: An International Comparison
James Barker, Jr., Bernard Tenebaum and
Fiona Woolf
Municipalization:
Opportunism and Bypass in Electric Power
Michael J. Doane and Daniel F. Spulber
Securitization and
Stranded Cost Recovery
Walter R. Hall II
NOTES
A Case Study for Stakeholders:
An Alternative to Traditional Hydroelectric Relicensing
Lenape Resources
Corp. v. Tennessee Gas Pipeline Company: Natural Gas Take-or-Pay Contracts
Under the Uniform Commercial Code
BOOK REVIEWS
Gas Daily’s
Guide to FERC’s Regulation of Natural Gas
reviewed by William A. Mogel
Electric and Magnetic
Fields: Invisible Risks? Possible Health Effects to Exposure to Residential
Electric and Magnetic Fields
reviewed by David Zachary Kaufman
SUBMITTED COMMITTEE
REPORTS
Ethics
Oil Pipeline Regulation
Tax Developments
CONTENTS
Editor’s Page
In Memoriam: Bradford
Ross and Walter E. Gallagher
ARTICLES
Antitrust in the New
[De]Regulated Natural Gas Industry
John Burrit McArthur
The FERC’s Policy
on Electric Mergers: A Bit of Perspective
Hon. Richard D. Cudahy
Unbundling Small Customer
Services: New Challenges for State Public Utility Commissions
Kenneth W. Costello and J. Rodney Lemon
BOOK REVIEW
The 1997 Natural Gas
Yearbook
reviewed by Mary E. Baluss
SUBMITTED COMMITTEE
REPORTS
Administrative Practices
Electric Utility Regulation
Judicial Review
CONTENTS
President's Message
ARTICLES
Requiem for the Public
Utility Holding Company Act of 1935: The “Old” Federalism
and State Regulation of Interstate Holding Companies
James W. Moeller
Market Power in Electric
Utility Mergers: Access, Energy, and the Guidelines
Robert J. Michaels
The Efficiency Effects
of Electric Utility Mergers: Lessons From Statistical Cost Analysis
Raymond S. Hartman
Valuation of Assets
in International Takings
Thomas R. Stauffer
NOTE
Southern Ute v.
Amoco Production Company: Judicial Construction of Coalbed Methane
Gas Ownership
SUBMITTED COMMITTEE
REPORTS
Independent Power
Production
Administrative Practice
Tax Developments
Oil Pipeline Regulation
Public Lands
Ethics
CONTENTS
Editor’s Page
ARTICLES
On the Fiftieth Anniversary
of the Federal Energy Bar Association
Richard A. Rosan
Antitrust Policy in
the New Electricity Industry
Richard J. Pierce, Jr.
The Origins of Political
Electricity: Market Failure or Political Opportunism?
Robert L. Bradley, Jr.
Competitive-Based
Contracts for the New Power Business
Mark E. Haedicke
A New FERC Policy
for Electric Utility Mergers?
John S. Moot
Paying for the Change:
Can the FERC Force Dam Decommissioning at Relicensing?
Michael A. Swiger, Ann P. Southwick,
Stephanie L. Mairs
International Energy
Investment
Thomas W. Waelde
NOTE
Enforcing Energy Efficiency
Standards After Independent Energy Producers Ass’n v. California
Public Utilities Commission
SUBMITTED COMMITTEE
REPORTS
Antitrust
Electric Utility Regulation
Judicial Review
CUMULATIVE INDEX,
Vol NOS. 1-16, 1980-1995
CONTENTS
President's Message
Salute: 75 Years for
the FPC and FERC
ARTICLES
Market-Based Rates
for Interstate Gas Pipelines: The Relevant Market and the Real Market
Robert J. Michaels and Arthur S. DeVany
A Guidebook and Research
Agenda for Restructuring the Electricity Industry
Peter Navarro
PURPA: The Intersection
of Competition and Regulatory Policy
Hon. Richard D. Cudahy
A Perspective on Pipeline
Pricing Under the Natural Gas Act
Eugenn Threadhill
From “Command
and Control” to Risk Management: The Evolution of the Natural Gas
Pipeline Safety Program
Paul Biancardi and Lisa M. Bogardus
NOTE
Alive and Well; the
Rural Electrification Act Preempts State Condemnation Law: City of
Morgan City
v. South Louisiana Electric Cooperative
Ass’n
BOOK REVIEW
Natural Gas Transportation:
Organization and Regulation
reviewed by William A. Mogel
SUBMITTED COMMITTEE
REPORTS
Administrative Practice
Electric Utility Regulation
Oil Pipeline Regultion
CONTENTS
Editor’s Page
ARTICLES
Utilities States-Mexico
Electricity Transfers: Of Alien Electrons and the Migration of Undocumented
Environmental Burdens
Arturo Gándara
Oil Pipeline Regulatory
Reform: Still in the Labyrinth?
Steven Reed and Pantelis Michalopoulos
Electric Utilities
and Telecommunications
James W. Moeller
NOTE
Defining the Scope
of Lender Liability After Kelly v. EPA: Who Will Have Safe Harbor?
COMMENT
Regulating the Standard
of Care Owed to the Public During an Emergency at a Nuclear Power Plant
BOOK REVIEWS
International Environmental
Law and World Order
reviewed by William A. Mogel
Economic Regulation
Cases and Materials
Reviewed by
Mary E. Baluss
SUBMITTED COMMITTEE
REPORTS
Independent Power
Production
Public Lands
Tax Developments
CUMULATIVE INDEX,
Vol NOS. 1-15, 1980-1994
CONTENTS
President's Message
In Memoriam: Raymond
N. Shibley
ARTICLES
Open Access and Transition
Costs: Will the Electric Industry Transition Track the Natural Gas Industry
Restructuring?
Donald F. Santa, Jr. and Clifford S.
Sikora
The State of the Transition
to Competitive Markets in Natural Gas and Electricity
Richard J. Pierce, Jr.
Retail Wheeling:
Is This Revolution Necessary?
Hon. Richard D. Cudahy
The Transition to
Fully Competitive Bulk Power Markets: Federal Regulatory Developments
in the Electric Power Industry
Linda S. Portasik
Pricing and the Incentive
to Invest in Pipelines After Great Lakes
Daniel F. Spulber
The Regulation of
Gathering in a Federal System
Cody L. Graves and Maria Mercedes Seidler
Buy/Sell Transactions
in the Natural Gas Industry: What’s Prohibited and What Isn’t?
Douglas M. Canter
Clean Coal Technology
Program: Model for Government/Industry Cooperation
Patricia Fry Godley and Dr. Larry M.
Joseph
NOTE
State Control Over
the Destiny of Hydropower Development: PUD No. 1 v. Washington Department
of Ecology
COMMENT
Regulation of Hazardous
Air Pollutants Under Section 112 of the Clean Air Act Amendments of 1990
BOOK REVIEWS
International Petroleum
Transactions
reviewed by William A. Mogel
A Guide to FERC Regulation
and Ratemaking of Electric Utilities and Other Power Suppliers
reviewed by A. Karen Hill
SUBMITTED COMMITTEE
REPORT
Electric Utility Regulation
CONTENTS
Editor’s Page
ARTICLES
The Changing Focus
of Electric Utility Merger Proceedings
John S. Moot
Toward an SEC-FERC
Memorandum of Understanding
James W. Moeller
Gas Industry Standards
Board: Legal Considerations in the Standard Setting Process
Michael T. Mishkin and David I. Adelman
FERC’s Jurisdiction
Under Section 205 of the Federal Power Act
Joshua Z. Rokach
Antitrust Aspects
of the ITCF’s New Parallel Flow Discussions
Thomas K. Gump
NOTE
The Limit of Government’s
Regulatory Authority Over Non-Adjacent Wetlands: Hoffman Homes, Inc.
v. EPA
BOOK REVIEW
The Regulation of
Public Utilities
reviewed by William A. Mogel
SUBMITTED COMMITTEE
REPORTS
Antitrust
Environment
Ethics
Oil Pipeline
Public Lands
CUMULATIVE INDEX,
Vol NOS. 1-14, 1980-1993
CONTENTS
President's Message
ARTICLES
Mexico’s
Open Door to Cogeneration and Independent Power
John P. Mathis and Miguel S. Escobedo
May Acid Rain Legislation
Excuse Performance Obligations Under Coal Contracts?
Randall L. Sarosdy
Ocean Energy Development
in the 1990’s
Carolyn Elefant
Electric Holding Company
Regulation by Multistate Compact
Frank P. Darr
Expanding the FERC’s
Jurisdiction To Review Utility Mergers
Lawrence J. Spiwak
NOTES
Assigning Gas Balancing
Rights in the Absence of a Gas Balancing Agreement
State RCRA Regulation
of Hazardous Waste
BOOK REVIEWS
Regulatory Risk: Applications
to Natural Gas Pipelines and Other Industries
reviewed by Christopher J. Barr
Facing the Bureaucracy
– Living and Dying in a Public Agency
reviewed by Isaac D. Benkin
SUBMITTED COMMITTEE
REPORTS
Electric Utility Regulation
Natural Gas Certificate
and Authorization Regulations
Natural Gas Rate and
Accounting Regulations
Non-Utility Generation
CONTENTS
Editor’s Page
ARTICLES
Federal Natural Gas
Policy and the Energy Policy Act of 1992
Donald F. Santa, Jr. and Patricia J.
Beneke
Efficiency and the
Public Interest: QF Transmission and the Energy Policy Act of 1992
Peter Fox-Penner
Is the Price Squeeze
Doctrine Still Viable in Fully-Regulated Energy Markets?
Lawrence
J. Spiwak
Transmission Pricing
Under the Federal Power Act: Applying a Market Screen
Joshua Z. Rokach
Will the Commission’s
Hydropower Program Revive in the ‘90’s?
George C. O’Connor
NOTE
Supreme Court Standing
Requirements: Has Wyoming
v. Oklahoma Set
the Stage for Future Conflict
BOOK REVIEW
The Gas Seller’s
Companion: A Practical Guide to Gas Contracts
reviewed by Krisitne L. Delkus
SUBMITTED COMMITTEE
REPORTS
Administrative Practice
Environment
Judicial Review
Oil Pipeline Regulation
Public Lands
Tax Development
CUMULATIVE INDEX,
Vol NOS. 1-13, 1980-1992
CONTENTS
President's Message
ARTICLES
The National Energy
Strategy – An Illusive Quest for Energy Security
Chandler
L. Van Orman
The NEPA Mandate and
Federal Regulation of the Natural Gas Industry
James J. Hoecker
Contracts for the
New Natural Gas Business
Mark E. Haedicke
Acid Rain Compliance:
Coordination of State and Federal Regulation
Robert R. Nordhaus
Competition Law and
British Natural Gas Regulation
Alexander J. Black
COMMENT
A Conflict in the
Circuits: The FERC’s Jurisdiction Over Gathering Rates
SUBMITTED COMMITTEE
REPORTS
Ethics
Legislation and Regulatory
Reform
Natural Gas Rate and
Accounting Regulations
Non-Utility Generation
Oil Pipeline Regulation
CONTENTS
Editor’s Page
ARTICLES
Russian Energy Legislation:
Regulating State Monopolies to Allow the Development of Competitive Markets
Patricia Fry Eldridge
Privatization and
Regulation of the Oil, Natural Gas, and Electric Industries in Hungary
Richard P. O’Neill and Ashley Brown
Who Makes the Rules?
Federal and State Jurisdiction Over Electric Transmission Access
Isaac D. Benkin
Mitigating Costs and
the Preemptive Effect of Federal Rate Orders
Frank P. Darr
STUDENT COMMENT
Tipping the Antitrust
Scales: Municipal Governments and the Commercial Interests That Lobby
Them
BOOK REVIEWS
Project Financing
reviewed by Raymond J. Batla, Jr
Energy Futures: Trading
Opportunities for the 1990’s
reviewed by Dr. Robert Weiner
SUBMITTED COMMITTEE
REPORTS
Administrative Practice
Electric Utility Regulations
Environment
Hydroelectric Regulation
International Energy
Transactions
Judicial Review
CUMULATIVE INDEX,
Vol NOS. 1-12, 1980-1991
CONTENTS
President's Message
ARTICLES
Comment: Shedding
Light on Duquesne
Hon. Richard D. Cudahy
The Discounted Cash
Flow Methodology: Its Use in Estimating a Utility’s Cost of Equity
Win Whittaker
Electric Wholesale
Power Sales at Market-Based Rates
G. Williams Stafford
The Trended vs. Depreciated
Original Cost Controversy: How Real Are the Real Returns?
Henry E. Kilpatrick, Jr. and Dennis H.
Melvin
Settlement of Contested
Transportation Rate Cases at FERC: Should the Squeaky Wheel Be Greased?
Richard A. Drom
STUDENT NOTES
Who Pays for Charitable
Contributions Made by Utility Companies?
BOOK REVIEW
National Resources
Law Handbook
reviewed by Mary E. Baluss
SUBMITTED COMMITTEE
REPORTS
Energy Development
– Federal Lands
Environment
Ethics
International Energy
Transactions
Oil Pipeline Regulation
Practice and Procedure
Tax Developments
CONTENTS
Editor’s Page
ARTICLES
Electric Utility Mergers:
Uncertainty Looms Over Regulatory Approvals at the FERC
John S. Moot
Pipeline Restructuring:
The Future of Open Access Transportation
Phillip M. Marston
Procedural Versus
Substantive Economic Due Process fro Public Utilities
Basil M. Copeland, Jr. and Walter W.
Nixon, III
The Constitutional
Limits on Ratemaking: A Reply to Frank Darr
Walter Pond
NOTE
The Ozark Cases: Project
Financing and the FERC’s Natural Gas Pipeline Management Incentives
BOOK REVIEW
The Convention for
the International Sale of Goods: A Handbook of Basic Materials
reviewed by Joseph P. Griffin
SUBMITTED COMMITTEE
REPORTS
Judicial Review
Legislation and Regulatory
Reform
Natural Gas Certificate
and Authorization Regulations
Power Marketing Agencies
Regulations –
Parts II and III, Federal Power Act
CUMULATIVE INDEX,
Vol NOS. 1-11, 1980-1990
CONTENTS
President's Message
Guest Editorial
ARTICLES
Indirect Purchaser
Standing in Antitrust Actions: Duplicative Liability in the Energy Industry
Robert Elkin and Robert J. Bluhm
A Single European
Energy Market – Rhetoric or Reality?
Leigh Hancher
Substituting Competition
for Regulation
William R. Hughes and George R. Hall
NOTES AND
COMMENTS
Strict Scrutiny of
FERC Decisions by the United States
Courts of Appeals
FERC’s Review
of a Proposed Ratemaking Methodology – Union Electric v. FERC
Liability for Attorney’s
Fees Under the Equal Access to Justice Act – Raton Gas Transmission
Co. v. FERC
BOOK REVIEW
Energy Aftermath
reviewed by William A. Mogel
SUBMITTED COMMITTEE
REPORTS
Environment
Tax Developments
CONTENTS
Editor’s Page
In Memoriam: Charles
V. Shannon
In Memoriam: Dale
A. Wright
ARTICLES
Gas Inventory Charges:
Evolving Mechanisms for Allocating the Risks and Recovering the Costs
of Maintaining Gas Supply
Michael J. Manning, Kenneth R. Caretta
and James P. White
Antitrust and the
Natural Gas Industry
Paul H. LaRue
The Constitutional
Limits on Ratemaking: A Response to William Pond
Frank P. Darr
BOOK REVIEWS
A Guide to FERC Electric
Utility Ratemaking
reviewed by M. Reamy Ancarrow
Law of Independent
Power
reviewed by Clark Evans Downs
SUBMITTED COMMITTEE
REPORTS
Antitrust
Federal Lands
International Energy
Transactions
Judicial Review
Part I Regulations
– Federal Power Act
Power Marketing Agencies
CUMULATIVE INDEX,
Vol NOS. 1-10, 1980-1989
CONTENTS
President's Page
ARTICLES
Utility Rates and
“Takings”
Richard Goldsmith
Federal Preemption
of State Regulation in the Field of Electricity and Natural Gas: A Supreme
Court Chronicle
Frank R. Lindh
The “No-Profits-to-Affiliates”
Rule: A Misnomer
Jonathan H. Stevenson
STUDENT NOTE
Northwest Central
Pipeline Corp. v. State Corporation Commission of Kansas:
A Narrow Path for State Regulation of Gas Production
BOOK REVIEW
Electric Power: An
Industry at a Crossroads
reviewed by Frank P. Darr
SUBMITTED COMMITTEE
REPORTS
Cogeneration and Small
Power Producers
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