Akin Gump Attorneys Discuss FERC and Horizontal Market Power

Phil Nowak and Scott Johnson, partner and associate, respectively, in Akin Gump’s energy regulatory practice, wrote the article “FERC’s Unclear Guidance On Horizontal Market Power” for Law360, which discusses a recent decision by the Federal Energy Regulatory Commission (FERC) that could affect parties with ownership interests in existing generating facilities.

Nowak and Johnson cite the case involving MACH Gen, LLC’s proposed sale to Saddle Mountain Power LLC of all outstanding equity interests of New Harquahala Generating Company LLC as the basis for their article. They look at some of the lessons to be drawn from FERC’s actions and what pitfalls remain.

To read the article, please click here.