Fortnightly Magazine - July 2010

Transactions (July 2010)

TransCanada floats $1.25 billion in a two-tranche bond offering; KinderMorgan sells $1 billion in notes; Xcel Energy raises its offering to $500 million; plus bond issues from Calpine, SDG&E, FPL, PSE&G and Entergy, totaling more than $4 billion in May 2010.

Guidelines in Practice

FERC owns more than one enforcement tool. Besides civil penalties, it can require compliance plans or disgorgement of unjust profits, or condition, suspend, or revoke market-based rate authority, NGA certificate authority, or NGA blanket certificate authority. And lacking criminal penalty authority itself, FERC can refer matters to the U.S. Department of Justice for criminal prosecution. Moreover, while defining an organization as any entity other than a natural person, FERC nevertheless will continue to determine civil penalties for natural person violators, looking to the guidelines for guidance in setting such penalties.

Getting Engaged

How to avoid a Texas-style backlash.

Is customer engagement more about damage control, or helping customers understand their options?

Nuclear YIMBY

Local communities welcome new reactor projects.

Visitors to Waynesboro in northeast Georgia might be surprised at local residents’ opinions about two new nuclear energy plants planned for that site; namely, they’re giving the reactors a warm welcome.

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