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Articles 1 - 13 of 13
Full-Text Articles in Energy and Utilities Law
Managing Multiplicity: Consolidating Parallel Arbitration Proceedings For Renewal Energy Disputes, Francesca Pinto
Managing Multiplicity: Consolidating Parallel Arbitration Proceedings For Renewal Energy Disputes, Francesca Pinto
Pepperdine Dispute Resolution Law Journal
The United Nations Commission on International Trade Law (UNCITRAL) Arbitration Rules, considered the most widely used set of ad hoc rules in international arbitration, do not contain any provisions on consolidating parallel proceedings. Considering the complex, multiparty, and multiple-contract nature of renewable energy investment and development, the UNCITRAL Arbitration Rules should implement consolidation provisions that explicitly address consolidation for related arbitration proceedings and—in some circumstances—enforce consolidation regardless of whether all parties consent. Part II of this article provides an overview of transactions related to the investment, development, and operation of renewable energy projects. Part III identifies the risks of parallel …
Considerations For Closing The Moral And Legal Gap In Public Utility Regulation, E. Nathan Cheung
Considerations For Closing The Moral And Legal Gap In Public Utility Regulation, E. Nathan Cheung
Journal of the National Association of Administrative Law Judiciary
Many public utility commissions were originally created to regulate railroad companies. However, during the transition to the modern era their reach was greatly expanded to encompass the host of now regulated public industries. In more recent times, the role of the public utility commission has further expanded beyond regulation of specific industries to become tools to implement various policy goals and attitudes towards respective industries. Part II of this paper will seek to address different issues that may be encountered by the modern public utility commission. Part III of this paper seeks to present the concept of incentive regulation, which …
Lights Out: Decommissioning The American Nuclear Plant, Joseph D. Mcmanus
Lights Out: Decommissioning The American Nuclear Plant, Joseph D. Mcmanus
Journal of the National Association of Administrative Law Judiciary
This article seeks to examine the United States commercial nuclear power plant decommissioning process, a look into a subject that begins at the end of a nuclear plant's life. The subject is often overlooked in favor of the more dominant and controversial issue of when and where a federal spent nuclear fuel repository will be established. But to overlook the American nuclear plant decommissioning process would be a missed opportunity to understand what happens after a nuclear plant permanently ceases power operations-a process that has the potential to last decades and affect the plant's local community through economic and environmental …
Report To The California Public Utilities Commission Regarding Ex Parte Communications And Related Practices, Michael J. Strumwasser, Beverly Grossman Palmer, Dale K. Larson
Report To The California Public Utilities Commission Regarding Ex Parte Communications And Related Practices, Michael J. Strumwasser, Beverly Grossman Palmer, Dale K. Larson
Journal of the National Association of Administrative Law Judiciary
Part I contains the analysis of existing law. We review the statutes and regulations governing ex parte communications before the CPUC, examine corresponding laws of other jurisdictions, and compare the CPUC statutes and regulations with those of the other jurisdictions. In Part II we examine actual ex parte practices before the CPUC. Based on data obtained from notices filed on the Commission’s website by parties to rate-setting cases, we provide a quantitative characterization of the extent and nature of noticed ex parte communications over the past roughly 22 years. We then place ex parte communications within the context of the …
How Entrepreneurs Can Crowdfund Renewable Energy Projects, Adrian Chiang
How Entrepreneurs Can Crowdfund Renewable Energy Projects, Adrian Chiang
The Journal of Business, Entrepreneurship & the Law
This Article explains how the entrepreneurial efforts and the upcoming changes in crowdfunding law will allow for more successful renewable energy projects in the United States. Part II examines the renewable energy market, its relevance, and the United States' transition from traditional non-renewable energy production to renewable energy production. Part III covers the general methods of energy financing from both public and private sources and how they have been utilized in typical energy financing structures. Part IV explains how an entrepreneur, utilizing the new rules on crowdfunding, can address the existing deficiencies in financing renewable energy projects. Part V explores …
Waist-Deep In Nuclear Waste: How The Nrc Can Rebuild Confidence In A Stalled Waste Management Program, Emily Casey
Waist-Deep In Nuclear Waste: How The Nrc Can Rebuild Confidence In A Stalled Waste Management Program, Emily Casey
Journal of the National Association of Administrative Law Judiciary
This comment will explain why the federal nuclear waste management program is at a standstill and will suggest a course of action for the NRC to help revive the program. Part II describes the environmental hazards of spent nuclear fuel and the federal government’s effort to site and build a geologic repository for this nuclear waste. Part III explains the role of the NRC in the nuclear regulatory scheme and how safety and environmental regulations are promulgated and enforced. Part IV narrows in on the NRC rulemakings called the “Waste Confidence Decision” and “Temporary Storage Rule,” and the reasons why …
Regulation Of Energy By The Colorado Public Utilities Commission, William Hamilton Mcewan, Peter R. Nadel
Regulation Of Energy By The Colorado Public Utilities Commission, William Hamilton Mcewan, Peter R. Nadel
Journal of the National Association of Administrative Law Judiciary
No abstract provided.
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup
Commonwealth Edison Co. V. State Of Montana: Constitutional Limitations On State Energy Resource Taxation, Nancy K. Stalcup
Pepperdine Law Review
This note examines the case of Commonwealth Edison Co. v. State of Montana, where the United States Supreme Court analyzed and defined the permissible limitations of state energy resource taxation. While the Court adhered to the test of constitutional taxation established in Complete Auto Transit Inc. v. Brady, which strongly upheld a state's sovereign right to tax a local incident of interstate commerce, the Court failed to realize the practical ramifications of its ruling in the context o the nation's energy problems.
Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz
Energy, Environment And Lng: Perceptions And Perspectives Of Kaleidoscopic Issues, Robert E. Lutz
Pepperdine Law Review
No abstract provided.
Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz
Energy In The Eighties—Energy Law Symposium: Lng In Southern California, Robert E. Lutz
Pepperdine Law Review
In Malibu, California, on November 15, 1980, Pepperdine University School of Law hosted a symposium which focused on energy decision-making and the attorney's role in the energy regulatory process. A cross section of viewpoints was represented including: officers from the utility companies; personnel from federal and state regulatory agencies; landowners from the proposed siting area; and others who play an important role in deciding whether and how to bring LNG to California. The Symposium provided a forum for a panel discussion of the siting process. Western Liquefied Natural Gas's attempt to bring liquefied natural gas to Southern California was used …
The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones
The Development Of Outer Continental Shelf Energy Resources, G. Kevin Jones
Pepperdine Law Review
An important source of oil and gas that has sparked much recent debate is the outer continental shelf (OCS). This article traces the history of the development of OCS energy resources as well as the official policies underlying federal governmental actions affecting the OCS. It also spotlights the basic conflict in terms of environmental concerns between coastal states and the federal government regarding their desired roles in the process of controlling OCS development.
Energy Ratings Hit Commercial Real Estate - California Lights The Way, Jonathan Cahill
Energy Ratings Hit Commercial Real Estate - California Lights The Way, Jonathan Cahill
The Journal of Business, Entrepreneurship & the Law
The Energy Star Program has been extremely successful for consumer appliances and electronics, but can this success translate to commercial real estate? In the United States, commercial buildings account for nearly nineteen percent of energy-related carbon dioxide emissions. Consequently, energy rating of buildings has become an increasingly attractive way to combat pollution and lower energy consumption. Despite this, the United States does not yet have a federal policy requiring energy usage disclosure for buildings. This has left state and local governments to lead the way in innovative and effective reporting regimes. California's response to this regulatory vacuum is Assembly Bill …
Gridlock On The Road To Renewable Energy Development: A Discussion About The Opportunities & Risks Presented By The Modernization Requirements Of The Electricity Transmission Network, Kelsey Jae Nunez
The Journal of Business, Entrepreneurship & the Law
In November 2006, the American Council On Renewable Energy (“ACORE”), along with the Renewable Energy and Energy Efficiency Caucuses of the United States Senate and House of Representatives, convened the national policy conference, “Renewable Energy in America: Phase II Market Forecasts and Policy Requirements” (“Phase II”). Several speakers at Phase II argued that continued private sector financing of renewable energy projects will substantially depend on the expansion of the electrical transmission network. The argument follows this logic: developing renewable energy to the point that it can power America's growing energy needs will require substantial investment from private sector investors. These …