Law & Lawyers

Compliance Program Guidance

The industry debates how far FERC should go.

Since the Energy Policy Act was enacted in 2005, the domestic power and gas industry has experienced several years of FERC compliance enforcement history. Including the settlements entered into in 2007, total penalties levied and agreed to by companies are close to $100 million over the past two years. Given the high stakes, some industry stakeholders have suggested that FERC could provide more comprehensive guidance on what it means to have an adequate compliance program and what constitutes that compliance.

Carbon and the Constitution

State GHG policies confront federal roadblocks.

So far, states have taken the lead in carbon-control strategies. These state actions, however, could lead to constitutional conflicts—as recent court battles demonstrate. Only the U.S. Congress can regulate interstate trade, so states must step carefully in controlling carbon leakage.

Making Efficiency Cool

A new business plan for capturing big saving.

Historically, conservation has suffered from a fundamental challenge: it’s boring. But as efficiency becomes the first fuel, providers of efficiency services will begin to look more like businesses and less like government agencies—characterized by dynamic branding, with marketing strategies driven by customer science.

Federalizing the Grid

Renewable mandates will shift power to FERC but pose problems for RTOs.

A recent survey conducted by the U.S Office of Personnel Management and reported by the Washington Post on March 13 ranked the Federal Energy Regulatory Commission as eighth best of some 37 federal agencies in terms “talent,” and third in “leadership and knowledge.”

Saving Depreciation Accounting

Avoiding ‘earnings management’ requires transparency in reporting standards.

The SEC is taking steps toward substituting International Financial Reporting Standards for U.S. Generally Accepted Accounting Principles. Having certainty surrounding existing utility asset and depreciation accounting practices enhances the ability to use financial statements to accurately depict the results of operations and financial status of reporting entities.

Green with Envy

Efficiency products will proliferate, for better or worse.

Recently an acquaintance of mine, who shall remain nameless, gave a diamond engagement ring to his girlfriend. She joyfully accepted the ring. But soon her joy turned to disgust when she learned that her lovely “diamond” actually was a cubic zirconium. Last I heard, she’d broken off the engagement and was dating her ex-fiancé’s former boss.

The Safety Vote

A prerequisite for sustained nuclear renaissance.

The nuclear renaissance requires safety as its central focus. Industry vigilance at all levels is key to accident prevention, but only favorable public opinion will allow the industry to realize its enormous potential.

Dealing with Asymmetric Risk

Improving performance through graduated conditional ROE incentives.

Unlike the majority of performance-based regulation plans, alternative design paradigms require less data, by instead allowing firms to reveal performance potential. In an asymmetric environment, regulators don’t have needed information, but that can be overcome with better models and incentives.