Steve Cooper

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In the current banking environment, where private civil litigation is frequently brought simultaneously with, or very closely following, regulatory investigations and enforcement actions, it is crucial for banks to know whether and how communications with federal and state regulators may be used against them in parallel or subsequent proceedings. The bank examination privilege exists at both the federal and state levels. Stated broadly, the bank examination privilege is a qualified privilege that protects communications between…
Are you a CHP resource that missed out on the first Combined Heat and Power Utility RFO?  Not to worry, there will be more opportunities. PG&E, SCE  and SDG&E are each in the midst of issuing solicitations for combined heat and power products (CHP RFO) as required by the CHP Program Settlement Agreement approved by the California Public Utilities Commission (CHP Settlement). Eligible CHP resources include existing CHP, new CHP, repowered CHP, expanded CHP…
The California Public Utilities Commission (CPUC) has taken the next step in answering that question through its issuance of a ruling on July 12 requesting comments on the implementation of the “3 bucket” procurement category structure mandated by Senate Bill (SB) 2 (1x). We recently issued an advisory summarizing a new renewables rulemaking in which the CPUC will attempt to address numerous questions regarding changes to California’s RPS program resulting from SB 2 (1x).  One of the most-anticipated…
The California Air Resources Board (“CARB”) plans to delay enforcement of the cap-and-trade program until 2013.  CARB Chairwoman Mary Nichols announced the agency’s plans for delay in her testimony before the California State Senate Select Committee on Environment, Economy & Climate Change on Wednesday, June 29.  According to Chairwoman Nichols, CARB will still initiate the cap-and-trade program in 2012 as originally planned, but CARB won’t actually begin to enforce the compliance requirements associated with the…
On June 24, California’s First Appellate District cleared the way for the California Air Resources Board (“CARB”)  to proceed with cap-and-trade rulemaking activities while it appeals the San Francisco Superior Court’s ruling in Association of Irritated Residents v. CARB [Case No. CPF-09-509562].  In Friday’s order, the Appellate Court granted CARB’s petition for a writ of supersedeas, which “stays” enforcement of the May 20 injunction from San Francisco Superior Court that directed CARB to stop…
Keep an eye on California’s First District Court of Appeal in the matter of Association of Irritated Residents v. California Air Resources Board next week.  The appellate court directed the Association of Irritated Residents to serve and file points and authorities on or before Monday, June 20 in opposition to CARB’s request to “stay” the San Francisco Superior Court order that enjoins CARB from engaging in any cap-and-trade rulemaking activities while the case is on appeal.…
Today CARB released a supplement to its previous Environmental Review Document that considers the five new alternatives to cap-and-trade, to fortify the its environmental review under the California Environmental Quality Act (CEQA). As discussed in a previous DWT Alert, the San Francisco Superior Court found that CARB failed to adequately analyze alternatives to its Assembly Bill 32 (AB 32) cap-and-trade program in Association of Irritated Residents (AIR) v. CARB [Case No. CPF-09-509562]. In…
There is no doubt that California has mandated an aggressive Renewables Portfolio Standard (RPS), requiring utilities to procure 33% renewables by 2020.  But the question on everyone’s mind is, “How are we going to get there?”  Typically, the large utility request for offer (RFO) process is the starting point.   However, this year, the amount of uncertainty surrounding procurement of California renewables is at an all-time high, particularly given  the recent amendments to California’s RPS resulting from Senate Bill 2X…