Energy and Utilities Law Commons^™

World Trade Organization Agreements And Principles As A Vehicle For The Attainment Of Energy Security, Dennis J. Hough Jr.

Richmond Journal of Global Law & Business

Do you remember how you felt on Wednesday, January 7, 2009? Perhaps you do not. I know how some Europeans felt — cold. That was the day that Russia stopped all natural gas exports to Ukraine. By itself, this was a serious course of action. However, because Ukraine is the main transmission corridor for natural gas pipelines shipping gas to Europe, the situation commanded worldwide attention.

Can Urban Solar Become A "Disruptive" Technology?: The Case For Solar Utilities, Joel B. Eisen

Law Faculty Publications

After examining the theory of disruptiveness and the inadequacy of current initiatives for renewables, I argue for a disruptive solution to solar. Achieving the kind of deployment that would be required to make a serious down payment on our climate obligations will take something far different than we have seen to date: companies devoted to national (or at least regional), large-scale installations of solar technology, and which are deeply capitalized and willing to take risks to bring solar to many homeowners. I will term these "solar utilities,'' and I propose that one or more of them should take over the …

China's Renewable Energy Law: A Platform For Green Leadership?, Joel B. Eisen

Law Faculty Publications

This article describes programs and initiatives in China promoting growth of renewable energy capacity, and analyzes obstacles to future growth.

Dreadful Policing: Are The Semiconductor Industry Giants Content With Yesterday’S International Protection For Integrated Circuits?, Michael Fuerch

Richmond Journal of Law & Technology

Over the past twenty years, the semiconductor industry has grown rapidly. Technological advances have resulted in smaller, faster, and more cost-efficient semiconductor integrated circuits. Today, integrated circuits (“chips”) are found in the majority of electronic devices includes consumer electronics like computers, phones, televisions, and automobiles, and industrial electronics such as motor drives and programmable logic controllers.

This

Greening Demand: Energy Consumption And U.S. Climate Policy, Noah M. Sachs

Law Faculty Publications

The search for greener, less polluting energy supplies has dominated discussions of u.s. climate change strategy, but we often overlook cheaper and faster greenhouse gas emissions reductions achievable through energy efficiency and conservation. In this article, I outline a decade-long "greening demand" agenda to reduce the amount of energy consumed in the United States. The federal government should aim to reduce U.S. energy consumption by fifteen percent by 2016 and twenty percent by 2020 to achieve needed reductions in greenhouse gas emissions.

While the United States has achieved notable efficiency gains since the 1970s, several market failures and other barriers …

Public Utility Law, Brian R. Greene, Katharine A. Hart

University of Richmond Law Review

No abstract provided.

My Two Cents Per Kilowatt-Hour: Virginia's Renewable Energy Portfolio Standard, Justin W. Curtis

University of Richmond Law Review

No abstract provided.

The Need For Mandatory Electric Reliability Standards And Greater Transmission Investment, Joseph T. Kelliher

University of Richmond Law Review

No abstract provided.

Radio Frequency Identification: Legal Aspects, Reuven R. Levary, David Thompson, Kristen Kot, Julie Brothers

Richmond Journal of Law & Technology

Radio frequency identification (RFID) is a wireless technology that identifies objects without having either contact or sight of them. Unlike optically read technologies such bar codes, RFID tags can be read despite fog, ice, snow, paint or widely fluctuating temperatures. Additionally, RFID can identify moving objects. Data in an RFID tag is stored in an integrated circuit, and sent to the reader via an antenna. An RFID reader is essentially a radio frequency receiver controlled by a microprocessor or digital signal processor. The reader uses an attached antenna to capture the data transmitted from the tag and sends the information …

Regulatory Linearity, Commerce Clause Brinksmanship, And Retrenchment In Electric Utility Deregulation, Joel B. Eisen

Law Faculty Publications

The point of this Article is that if an agency has reached this point in the lifetime of its reinvention efforts by being "linear," then the experiment should end. In the case of restructuring, that is not the case, but two aspects of the situation make it exquisitely difficult to see this: an agency that is trying the same ideas repeatedly (FERC) and a complex set of variables that has hampered restructuring activity. Through this fog, the final point to be made is that if moving beyond the current stasis requires change, this should be contemplated. This industry is famously …

The Blackout Of 2003: What Is Next?, Joel B. Eisen

University of Richmond Law Review

No abstract provided.

Competition: The Wrong Goal, Hullihen Williams Moore

University of Richmond Law Review

No abstract provided.

Table Of Contents

University of Richmond Law Review

No abstract provided.

The Blackout Of 2003: What Is Next?, Joel B. Eisen

Law Faculty Publications

The blackout of August 2003 was a massive dislocation of American life, with millions of people in eight states and Canada losing power and a cost estimated in billions of dollars. As many as fifty million people were affected by the blackout. While the ultimate cause of the blackout is still being investigated, the implications for national policy may not be fully known for decades. The blackout was a wake up call and a watershed event that calls for reevaluation of just about every facet of the electric utility industry. We tend to think of a "wakeup call" as something …

Public Utility Law, B. Paige E. Holloway

University of Richmond Law Review

No abstract provided.

Deregulation In Maine: The Why And How, William M. Nugent

Richmond Journal of Law & Technology

Maine's retail electricity rates - although (on average) the lowest in New England - were in 1997 (the year Maine passed its restructuring legislation) nearly 40 percent higher than the national average. Industrial customers paid rates 40.4 percent above the U.S. average; commercial 36.9 percent more, and residents (i.e., voters) a whopping 51.3 percent more than residential consumers across the country. Place the risks of investment decisions in the market, where they belong. Technological developments (paralleled by changes in national regulatory policy) have erased the natural monopoly nature of the general portion of the electricity industry. Since regulators are not …

Electric Choice In Pennsylvania, Brian D. Crowe

Richmond Journal of Law & Technology

Implementing Electric Choice

Market Power And Antitrust Issues In The Restructuring Of The Electric Industry, David L. Cruthirds

Richmond Journal of Law & Technology

Dynegy is one of the country's leading energy merchants - formerly NGC Corporation and Natural Gas Clearinghouse.

Pennsylvania's Record, John Hanger

Richmond Journal of Law & Technology

John Hanger's outline of the Pennsylvania energy market.

Antitrust Issues Meet Natural Gas & Electric System Reliability Issue In A Competitive Marketplace, Mark T. Maassel

Richmond Journal of Law & Technology

Mr. Maassel's outline for his speech.

From The Back Office To The Front Lines, David F. Koogler

Richmond Journal of Law & Technology

Communication between parties in the emerging era of electric utility deregulation and competition is critical. In the past, communication within the electric utility business was simple and involved low-tech solutions such as voice communication over telephones, fax machines, computer-to-computer communications over modems, and even "snail mail."

Congress And Deregulation: Federal Legislative Issues Past, Present And Future., Bill Robinson, Richard W. Blackburn, S.M. Henry Brown Jr., Mark C. Darrell

Richmond Journal of Law & Technology

I am Bill Robinson, and I am pinch-hitting for Mark La Fratta. Mark did something that caused him to have to go to Gary, I am not sure what it is. Perhaps, Mr. Brown will be able to tell us later on. In any event, it is a pleasure to be here. A couple of Saturdays ago, I was out sailing in an old boat I have, and we had wonderful winds. We were wasting in an area on the Rappahannock that I was not very familiar with, and we were just about to make our last tide in the …

Introductory Remarks And Keynote Speaker Address, Edward L. Flippen, Derek R. B. Bevan

Richmond Journal of Law & Technology

In other industries, experts may see up to four issues a day, but for us, the Conference is an opportunity to share ideas with colleagues, regulators, and others who shape national regulatory policy. For that reason, we have built into our schedule a formal gathering to discuss these issues, and we trust that all of you will take advantage of this meaningful opportunity. Of course, we have to thank Tony Gambardella and his committee for putting on such a wonderful program today, and I am pleasantly surprised that this conference is a joint- venture opportunity with the State Corporation Commission …

Federalism And Beyond: The Uncertain Nature Of Federal/State Relationships In A Restructuring World, Edward L. Petrini, Thomas B. Nicholson, Edward J. Brady, Carrington F. Phillip, Mark J. Mathis

Richmond Journal of Law & Technology

Federalism in the restructuring context has certainly been controversial and filled with uncertainty -- some would say perilous. Some would say the shifts in jurisdiction between federal and state governments are so serious and of such concern that we should really pause before restructuring the electric industries. Some say we have not done the right thing in the telecommunications industry either. This area is certainly filled with potential for competitors and for lawyers. To help us sort it out, we have four distinguished panelists who are going to identify some of the key state/federal jurisdictional issues in the telecommunications and …

Stranded Costs: Will They Torpedo Retail Choice In The Electric Industry?, Kodwo Ghartey-Tagoe, Richard La Capra, Philip R. O'Connor

Richmond Journal of Law & Technology

Our speakers have come a long way and we will not allow them to leave without saying something. On our panel today we have Richard La Capra, Founder and Principal of La Capra Associates. He has been involved in major restructuring activity in all six New England states, other parts of the country, and overseas. His biography is contained in your materials. Our second speaker is Philip O'Connor. Dr. O'Connor is with Coopers & Lybrand Consulting and is a former chair of the Illinois Commerce Commission. He is a nationally recognized expert on the development and implementation of competitive strategies …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Public Utility Law, Edward L. Flippen, Kodwo Ghartey-Tagoe

University of Richmond Law Review

This article reviews the significant developments in the area of public utility law between January 1996 and August 1997. The first section covers legislative changes affecting electric, gas, telephone, and other public utilities; the second section reviews administrative action taken by the Virginia State Corporation Commission; and the third section addresses judicial action applied to the regulation of public utilities. The purposes of this article are to.provide Virginia public utility practitioners an overview of the recent developments in public utility law and to explain the impact these developments have upon public utilities operating in Virginia. This article, however, does not …

Sitting Power Lines In Historic Areas Of Virginia, Amy Leigh Sheridan

University of Richmond Law Review

Historic preservationists in Virginia have a legislative tool to challenge a utility that seeks to erect a power line near a historical area. A public utility seeking approval of a proposed transmission line route must not only obtain a certificate of convenience and necessity pursuant to section 56-265.2 of the Virginia Code, but it must also comply with section 56-46.1 as well. With the passage of section 56-46.1, any interested party has the right to notice and the right to a hearing before the State Corporation Commission (SCC or Commission) when a power line siting decision is pending. Before approving …

Waste To Energy: Environmental And Local Government Concerns, Kelly Outten

University of Richmond Law Review

"The problem we are confronting here is immense-literally mountains of trash and garbage." With these words, Representative William S. Moorhead accurately described a current American dilemma-what to do with the four billion tons of solid waste annually produced by Americans. Concurrent with the problem of increasing quantities of waste are the problems of decreasing availability of land fill space and an ever-rising demand for energy. The existence of these problems is leading federal, state, and local governments to take a second look at their municipal solid waste and to realize that "waste is something more than an undesirable by-product of …

Unfinished Business: The Regulation Of Uranium Mining And Milling, Elizabeth V. Scott

University of Richmond Law Review

In July of 1982, the Marline Uranium Corporation announced the discovery of a major deposit of commercially minable uranium in southside Virginia, the first major find east of the Mississippi River. Marline and the Union Carbide Corporation are planning a $200 million mining and milling complex to develop the deposit. The operation is projected to create 900 new jobs and bring $4.3 million in yearly tax revenues to Virginia and to Pittsylvania County.