Scott Daniel Johnson

Senior Counsel

Areas of Focus

Scott Daniel Johnson

Senior Counsel

sdjohnson@akingump.com

Areas of Focus

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Biography
  • Practice focuses on energy regulation and renewable energy.

Scott Johnson continuously monitors and provides strategic advice on the ever-shifting landscape of energy regulation in the United States.

He represents public utilities and other entities in the electric power industry in general regulatory, administrative litigation and transactional matters before the Federal Energy Regulatory Commission (FERC) and has participated in related cases before various U.S. courts of appeal.

His work includes preparing and counseling clients with regard to:

  • Applications for FERC authorization of transactions under section 203 of the Federal Power Act (FPA)
  • Applications for approval of tariffs, rate schedules and service agreements under section 205 of the FPA
  • Comments on and protests to rate filings before FERC
  • Filings required by FERC’s regulations under the Public Utility Holding Company Act of 2005
  • Regulatory opinions regarding renewable energy project financing transactions, including debt and tax equity financings
  • Market-based rate authorization and exempt wholesale generator and qualifying facility status
  • Compliance filings for entities with market-based rate authority from FERC.

Scott also performs due diligence for public utility mergers and other transactions, such as the acquisition of electric power assets, including renewable and conventional power plants and transmission lines.

Scott’s experience with energy regulation is significant and provides insights helpful to clients. Prior to joining Akin Gump as an associate, he worked as a law clerk in the firm’s energy regulatory practice from 2006 to 2010.

Scott also served as a legal intern in FERC’s Office of the General Counsel, Energy Markets Section, where he drafted orders later issued by FERC. Before attending law school, He worked as a paralegal in the firm’s energy regulatory practice from 2002 to 2006.

Representative Work
  • Representing Diamond Generating Corporation in its acquisition of Boston Energy Trading and Marketing LLC from a subsidiary of NRG Energy, Inc., including performing extensive energy regulatory and asset management contract due diligence and assisting the seller in obtaining the FERC authorization required for the transaction.
  • Assisting SRE OpCo, Inc. in its acquisition of Midway Wind, LLC, from Apex Clean Energy and with the subsequent tax equity and construction loan financing transactions for the 163 MW Midway Wind Project in San Patricio County, Texas, including performing regulatory and interconnection diligence and providing federal energy regulatory opinions.
  • Providing energy regulatory advice and federal energy regulatory opinions and submitting FERC filings for the borrower in a $40 million term loan facility secured by proceeds from operating a 20 MW solar PV plus battery energy storage facility.
  • Advising a financial institution regarding its approximately $110 million tax equity investment in a 200 MW solar PV project in Texas, including performing regulatory and interconnection due diligence and advising on the scope of the seller’s energy regulatory legal opinion.
  • Advised Amp in connection with and provided federal energy regulatory opinions for the financing of a 29.4 MW | 42 MWh Massachusetts Community Solar portfolio, valued at approximately $100 million. The four projects under the portfolio will be the first in the United States to be dispatched by the Amp X trading platform.

Education
  • J.D., American University, Washington College of Law, magna cum laude, 2010

  • B.A., Colgate University, with highest honors, 2002

Bar Admissions
  • District of Columbia

Recognitions
  • D.C. Bar Capital Pro Bono Honor Roll, High Honors, 2013 to 2015 and 2017; Honors, 2018.
  • Lois G. Williams Extraordinary Service Award, Washington Legal Clinic for the Homeless, 2018.
  • Super Lawyers Washington D.C. ­– Rising Star, 2016 to 2019.
  • Robin Stoeps Award for Outstanding Commitment to Community Service, Akin Gump Strauss Hauer & Feld LLP, 2018.
  • Stark Ritchie Associate Award for Outstanding Commitment to Pro Bono Service, Akin Gump Strauss Hauer & Feld LLP, 2015.
  • Ross Elementary School Reading Mentor of the Year Award, Everybody Wins! D.C., 2018.
Affiliations and Public Service
  • Member, Leadership Circle, Everybody Wins! D.C.
  • Member, American Bar Association.
  • Member and Former Co-Chair, FERC Practice & Administrative Law Judges Committee, Energy Bar Association.
  • Member, Finance & Transactions Committee, Energy Bar Association.
  • Member, Compliance & Enforcement Committee, Energy Bar Association.
  • Member, Young Lawyers Committee, Energy Bar Association.
  • Former Member, Electricity Regulation Committee, Energy Bar Association.

Insights and Achievements

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