April 01, 2018 Feature

Federal Energy Regulatory Approvals for Power M&A Transactions

By Catherine P. McCarthy

This article provides an overview of certain federal energy regulatory approvals for electric public utility merger and acquisition transactions (Public Utility Transaction(s)). Specifically, this article discusses Federal Energy Regulatory Commission (FERC) authorization pursuant to the Federal Power Act of 1935, as amended (FPA),1 and Federal Communications Commission (FCC) consent pursuant to the Communications Act of 1934, as amended.2 The article also discusses FERC, FCC, and Commodity Futures Trading Commission (CFTC) due diligence issues that could be considered in a Public Utility Transaction.

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