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Energy Bar Association’s 2020 EBA FALL FORUM ON-DEMAND! The event provided two full days of discussions focused on the legal issues related to all aspects of energy law.
GENERAL SESSION: TOLLING ORDERS/ALLEGHENY DEFENSE
FERC lawyers have long since become accustomed to seeking rehearing of FERC orders, only to have FERC issue tolling orders within 30 days, and then to wait months and years before an actual FERC order on the rehearing is issued. The Allegheny Defense decision arguably changes this dynamic.
This session will help attendees understand the legal and practical impact of the D.C. Circuit’s recent en banc decision in Allegheny Defense Project v. FERC.
Hear viewpoints of both the private practitioner and the agency regulator discuss the current and future impact of the case on FERC and appellate practice under both the Federal Power Act and the Natural Gas Act.
Key Questions to be answered include:
• What will FERC do now?
• What has been the impact of this decision so far?
• What future impacts do our panelists foresee?
• Will Congress address the period of time by which a rehearing request should be deemed denied?
• Will the agency act to adopt new procedures for the expeditious evaluation of rehearing requests?
• What are the possible outcomes?
• Will any new procedures increase the burden on both FERC staff and private litigants? If so, how?
Session approved for MCLE: AK (11.5), AR (11.5), AZ (11.5), CA (11.5), CO (10), FL (11.5), GA (11.5), IL (11.5), ME (11.5), MT (11.5), NJ (11.5), NY (10), OH (9.5), PA (11), TX (11.7), VA (10), WI (11.5). To receive credit, complete the CLE Attendance form included with the session material and email form to: EBA-CLE@eba-net.org.
For credit in other states, you will need to self-apply. If you need assistance, email: EBA-CLE@eba-Net.org