US Federal Energy Regulatory Considerations for the non-US Lawyer

摘要

This article provides an overview of the Federal Energy Regulatory Commission, a regulatory agency within the US Federal Government, tailored to the non-US lawyer. Non-US lawyers serving clients with transactions involving US-registered energy and utility companies and US-based energy facilities must navigate many US regulatory requirements, each with its own set of statutory provisions, regulations, and court-derived precedent. Of particular importance to non-US lawyers advising such clients are regulations concerning the buying and selling of electricity utility companies and assets; obligations incurring to holding companies of utility companies; and natural gas energy projects. While other regulations affect certain electricity rates, natural gas and oil pipeline rates, and hydroelectric projects. The information presented herein should provide non-US lawyers with a sense of when a closer examination of relevant regulatory requirements is needed and consultation with other counsel with experience in similar matters would be beneficial.