The Intersection of the Bankruptcy Courts and FERC

(Excerpt) In the past, the bankruptcy courts and the Federal Energy Regulatory Commission (“FERC”) have been involved in a power struggle with one another. Congress has granted bankruptcy courts exclusive authority to allow debtors to reject executory contracts in chapter 11 reorganization cases. Additionally, Congress has granted FERC authority to govern over utility entities’ filed-rates, which are sometimes contained in executory contracts. It is in this intersection, regarding executory contracts containing filed-rates, where the power struggle between the two exists. An executory contract is a contract where both parties still have material obligations to perform under the contract. Filed-rates may be contained in executory contracts. Under the filed-rate doctrine, a federally regulated seller of natural gas, oil, and energy is prohibited from charging rates higher than those filed with FERC. FERC is an independent agency within the Department of Energy that regulates the interstate transmission of electricity, natural gas, and oil. Most recently, the U.S. Court of Appeals for the Fifth Circuit held that FERC cannot interfere with the bankruptcy court’s power to permit the rejection of executory contracts. While the Fifth Circuit’s approach to this issue dominates, one jurisdiction has held that during a chapter 11 case, debtors additionally need FERC’s approval to reject an executory contract containing a filed-rate. This article analyzes whether the bankruptcy courts and FERC share parallel jurisdiction to permit rejection of a debtor’s executory contract containing a filed-rate. Part I explains Congress’s delegation of power between the bankruptcy courts and FERC regarding executory contracts and the filed-rate doctrine, and explores the intersection between the courts and FERC. Part II examines the competing views of the issue and explains the public interest considerations concerning the intersection of the bankruptcy courts and FERC

Evaluating the Influences of Domestic Violence Training on the Attitudes and Perceptions of Police Recruits at the East Tennessee Regional Law Enforcement Academy

A sample of recruits attending the East Tennessee Regional Law Enforcement Academy were surveyed about attitudes relating to a variety of topics, including their perceived role as police officers, domestic violence, its victims, perpetrators, and police interactions with domestic violence. The recruits completed the survey during their first week at the academy. The recruits completed the identical survey on the last week of academy training. No significant change in attitudes were found following the completion of the Regional Law Enforcement Academy training program. Conclusively, the results of this study show that the training provided at the East Tennessee Regional Law Enforcement Academy does not significantly change the attitudes and perceptions of the recruits toward domestic violence

Watershed Protection as the Primary Tool to Achieve High Quality Drinking Water

In this study, a cost-effectiveness analysis and multiple case studies of cities ranging from New York City, USA to Bogota, Columbia are discussed to show how watershed protection can reduce the associated costs and risks stemming from impaired water and usually eliminate the need for human engineered treatment. A cost-effectiveness analysis was performed by comparing three municipalities that have obtained Filtration Avoidance Determinations through watershed protection (green infrastructure) compared with three municipalities that have installed human engineered filtration (gray infrastructure). Using turbidity and E. coli as indicators of effectiveness, the results of this analysis determined that human engineered infrastructure is more effective at reducing turbidity levels; however, both methods (human engineered and watershed protection) met all water quality standards. The avoided costs observed in cities that had implemented green infrastructure were oftentimes in the millions and in some cases billions of dollars. One of the most surprising results from this research is that some of the largest cities in the U.S. rely solely upon watershed protection as the primary method to achieve water quality standards. In addition, the long-term value of green infrastructure is far greater than investments in gray infrastructure. Protection strategies implemented by cities range from complete protection through conservation easements, land acquisitions, and designations to management strategies, such as the implementation of agricultural and forestry management practices