Topic
Cost Allocation
79 published works
Washington Energy Report
FERC Clarifies its Refund Policy in Cost Allocation Disputes
In an April 29, 2016 order regarding cost allocation among the Entergy operating companies, FERC clarified and distinguished its approach to refunds in cost allocation and rate design cases, from…
The Capital Commitment
SEC Action Highlights Importance of Proper Expense Apportionment
By Timothy W. Mungovan, Michael Suppappola, Anthony M. Drenzek
In November 2015, the SEC announced that it had reached a settlement with Cherokee Investment Partners, LLC and Cherokee Advisers, LLC, in connection with improperly allocating managers’ regulatory expenses to…
Washington Energy Report
D.C. Circuit Largely Upholds FERC’s Approval of ISO-NE Winter Reliability Program, Cost-Allocation to Load-Serving Entities
On December 22, 2015, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) largely upheld FERC’s approval of ISO New England Inc.’s (“ISO-NE”) Winter 2013-2014…
Washington Energy Report
FERC Rejects SPP’s Proposal to Create New “Seams Transmission Project” Planning and Cost Allocation Category
On November 30, 2015, the Commission rejected proposed revisions to Southwest Power Pool, Inc’s (“SPP”) Open Access Transmission Tariff (“OATT”) that would have created a new category of transmission facility—called…
Civil Procedure & Federal Courts Blog
Spencer on Rationalizing Cost Allocation in Civil Discovery
A. Benjamin Spencer, University of Virginia School of Law, has posted on SSRN his article, "Rationalizing Cost Allocation in Discovery," forthcoming in the Review of Litigation.Abstract:A movement is afoot to revise…
Corporate & Financial Weekly Digest
SEC Enforcement Action Signifies the Need for Investment Advisers to Adopt Written Expense Allocation Policies
On June 29, the Securities and Exchange Commission charged Kohlberg Kravis Roberts & Co. (KKR) with violations of Sections 206(2) and 206(4) of the Investment Advisers Act of 1940, as…
Washington Energy Report
FERC Conditionally Approves PJM’s “Multi-Driver” Transmission Planning Process
On February 20, 2015, the Commission conditionally approved PJM Interconnection, L.L.C.’s (“PJM”) proposed modifications to the PJM Operating Agreement (“OA”) and the PJM Open Access Transmission Tariff (“OATT”) to allow…
Washington Energy Report
D.C. Circuit Court of Appeals Upholds FERC’s Approval of Interstate and Intrastate Pooling Cost Arrangement for Trans Alaska Pipeline
On February 20, 2015, the U.S. Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) held that FERC had the authority to approve a cost pooling agreement among…
Environmental Law Prof Blog
D.C. Circuit Rejects FERC Order Denying Refunds to Louisiana Utilities
On December 5, the D.C. Circuit (Rogers, Wilkins, Williams) issued a decision in Louisiana Public Service Commission v. FERC, the latest in a string of decisions arising out of cost…
Environmental Law Prof Blog
Fifth Circuit Rejects Louisiana Public Service Commission’s Challenge to FERC Orders Allocating Production Costs Across Entergy Subsidiaries
On November 14, a panel of the Fifth Circuit (King, Dennis, Clement) issued a decision in Louisiana Public Service Commission v. FERC. Entergy Corporation, through six operating subsidiaries, sells electricity…