At Akin Gump Strauss Hauer & Feld LLP, our roots run deep in the energy industry. Since our founding in Texas more than a half-century ago, energy has been a vital part of our practice — and we have played an important role in hundreds of global development projects to address the world’s energy needs. Today, Akin Gump is known at home and abroad for our sophisticated, diverse and full-service energy law practice, encompassing both transactional and regulatory matters. Our lawyers have represented virtually every major segment of the energy industry on issues ranging from energy policy to tax questions to environmental and land use challenges.

Comprehensive Services — the Akin Gump Approach
The energy sector is a focus industry for Akin Gump’s project and infrastructure development (PID) department. And because energy projects face complex challenges — involving multiple legal disciplines from construction and transportation to finance — Akin Gump assembled the components of PID as a strategic resource for its clients.

The energy lawyers at Akin Gump draw on both their own highly developed experience and the broad skills of their PID colleagues in critical, related areas to provide our clients with unusually broad-gauged service and advice. We regularly assemble teams of lawyers tailored to the particular needs of our energy clients. For example, for the developers of major energy projects, including some of the most expensive and complex ever contemplated by the industry, the energy group fields a team of lawyers in every discipline within PID who are critical to project success. Similarly, for complex litigation involving the firm’s energy clients, the energy group can put together a team of both energy and litigation lawyers, who work together to resolve the litigation in the most efficient way possible.

The goal for our energy and PID legal teams — and for our clients — is to see projects through to success as efficiently as possible, with the fewest complications.

Across Industries, Around the World — the Akin Gump Approach
Energy is a global need, and we help our clients meet that need with global resources and international experience. Our lawyers regularly represent energy-sector clients before Congress and state legislatures, the executive branch, and federal and state agencies involved in energy regulation and policy, as well as domestic and foreign courts and tribunals. We advise companies, governments, and state and private entities on energy matters involving Africa, Asia, Australia, Europe, Latin America, Mexico, the Middle East and Russia.

Akin Gump’s energy lawyers include a member of the President’s Foreign Intelligence Advisory Board; a former deputy chief of hearing counsel with the U.S. Nuclear Regulatory Commission (NRC); a former deputy general counsel of the U.S. Federal Energy Regulatory Commission (FERC) and head of its enforcement office; a former associate undersecretary of the U.S. Department of Energy; and a former associate director of the U.S. Office of Management and Budget who was responsible for White House energy policy and budget matters. In addition, several of our partners have been advisors to chairmen and commissioners of FERC.

Together with the lawyers from the project finance and development group, we are actively involved in the development and financing of projects around the world through private sources and through international financial institutions in Washington and elsewhere. With the lawyers in our litigation group, we represent energy companies in some of the most complex litigation filed in federal and state courts.

State and Federal Utility Matters
The firm represents clients on rulemaking, mergers, electric rate transmission and interconnection matters before FERC and state regulatory commissions. We have actively intervened in federal and state proceedings on issues involving electric transmission, interconnection, cost allocation and rate design, and prudency matters related to the construction, purchase or sale of generating units. We also represent clients on pricing and antitrust matters.

General Rate and Regulatory Matters
Our lawyers represent segments of the crude oil and natural gas industry before FERC and various state commissions on a wide range of matters. These include preparation of or intervention in certificate applications for the construction and operation of new natural gas transmission facilities; pipeline rate regulation, including intervention and participation in rate increases; settlement documents and negotiations; and regulatory hearings and judicial appeals. We also:

• negotiate and obtain domestic and foreign governmental approvals connected with the export and import of natural gas, crude oil and refined products
• prepare and prosecute new and innovative regulatory initiatives to enable regulated entities to respond to rapidly evolving market conditions
• advise cogenerators, end-users, interstate and intrastate pipelines and marketers on the structure and implementation of sales, transportation and marketing transactions
• draft and interpret oil pipeline tariffs and regulatory compliance audits
• obtain permits, licenses and other approvals from the Minerals Management Service, the Texas Railroad Commission and other state agencies.

Energy Rulemakings and Policy Matters
Our lawyers have participated actively in the broad-based natural gas and electric utility restructuring debates at the federal and state levels. For example, the firm has advised clients and/or prepared comments on FERC’s Open Access and Stranded Cost Notices of Proposed Rulemaking (NOPR), which led to Order No. 888, and FERC’s Real Time Information Network NOPR, which led to Order No. 889, as well as FERC’s Order No. 2000. We actively monitor FERC’s agenda and other developments at the agency, as well as in the states where our clients provide electric service.

Akin Gump regularly represents its clients on energy matters before:

• the U.S. Senate Energy and Natural Resources Committee
• the Senate Environmental Committee
• the House Commerce Committee
• the House Natural Resources Committee
• the U.S. Department of Energy and other executive agencies
• state legislatures and their agencies.

Transactional Matters, Including Mergers and Acquisitions
Akin Gump has represented clients in a variety of transactional matters. The firm has:

• advised regarding proposed mergers and acquisitions in the energy industry
• prepared and defended against tender offers
• negotiated contracts for key employees
• advised on satisfaction of Hart-Scott-Rodino federal antitrust requirements
• prepared contracts, filings and other documents required to complete a merger or acquisition.

Nuclear Energy Practice
Akin Gump has a broad and highly regarded practice before the Nuclear Regulatory Commission, the U.S. Department of Energy, related state and federal agencies, and federal and state courts. We represent nuclear utilities and other energy companies in a broad range of matters, including:

• NRC license transfers
• NRC approvals for merger and acquisition transactions and transfers of control of nuclear assets
• a wide range of enforcement matters, with particular emphasis on nuclear whistleblower and discrimination cases
• NRC rulemaking proceedings and providing comments to the NRC in anticipation of rulemaking proceedings
• nuclear fuel, transportation, storage and decommissioning matters, antitrust issues and environmental issues associated with nuclear facilities. 

Among the various professionals involved in our nuclear-related representations is a former deputy chief counsel of the NRC. Additionally, the firm continues to enjoy very close personal and professional relationships at all levels of the NRC. We have also worked closely with other sections within the firm, including:

• our bankruptcy group, to evaluate financial risk associated with investment in nuclear plants
• our corporate group, in connection with actual or potential acquisitions or dispositions of nuclear facilities (including the due diligence review of the potential acquisitions of nuclear plants)
• our antitrust practice group, to examine the consequences of mergers and acquisitions in the energy sector
• our public law and policy group to assist energy clients in energy policy matters before Congress and the executive branches on a broad range of issues relating to the Atomic Energy Act, the Nuclear Waste Policy Act, the Price-Andersen Act and a host of legislative proposals.

In addition to appearing before the NRC, we have appeared before federal and state courts on nuclear-related issues, other federal and state agencies, and before specialized tribunals such as the Court of Federal Claims and U.S. bankruptcy courts.

We have also advised nuclear utilities regarding appearances before, and investigations conducted by, congressional committees on a wide range of nuclear and related energy issues.

Natural Gas and Crude Oil
The firm represents clients in domestic and international natural gas and petroleum industry transactions and related regulatory, legislative and judicial proceedings involving production, gathering, transportation, sales and resales, refining, marketing and ratemaking. We assist clients in:

• complying with state and federal regulatory requirements
• transitioning to deregulation by renegotiating contracts and providing antitrust advice
• litigating commercial disputes
• defending against enforcement actions brought by federal and state authorities, and against nationwide class actions and whistleblower suits brought under the qui tam provisions of federal and state false claims acts
• buying and selling pipeline assets and producing or undeveloped properties.

The firm assists major integrated companies and independent refiners with contract negotiations, compliance with state and federal regulations, and the acquisition and sale of refineries and marketing assets.

Electric Industry
Akin Gump also represents electric industry clients in a wide range of federal and state regulatory and corporate and international transactional matters, including proceedings involving rate filings, antitrust review, merger applications, complaints, independent system operators (ISOs), transmission-only companies (transcos), other transmission-related filings, and U.S. Security and Exchange Commission (SEC) matters.

Our regulatory and trial experience includes:

• preparing applications, petitions and interventions
• managing discovery
• preparing testimony
• conducting technical conferences
• litigating contested issues
• negotiating settlements.

The firm’s representations also include negotiating and obtaining approvals from the SEC under PUHCA and from the NRC under the Atomic Energy Act.

Cogeneration and Independent Power Production
We represent clients nationally and internationally in all aspects of the development and financing of cogeneration and independent power projects, including partnership and joint venture agreements, and sophisticated tax allocation and ownership arrangements to maximize regulatory considerations. We also counsel clients with respect to:

• changes to existing laws and proposed legislation
• siting
• environmental compliance, including compliance with the Clean Air Act Amendments of 1990
• obtaining and/or transferring necessary permits
• structuring, negotiating and closing project financing
• federal and state regulatory compliance, including obtaining qualifying facility certification under the Public Utilities Regulatory Policies Act of 1978, compliance with the Energy Policy Act of 1992 and IPP waivers from FERC
• representation in rate and regulatory proceedings before federal and state commissions.

Environmental Issues
The firm advises energy companies with respect to environmental regulations applicable to their businesses, including such diverse matters as oil spill preparation and response, fuels formulation and distribution requirements, nuclear cleanup, toxic substances registration, air emission standards, water discharge limitations and environmental impacts of pipeline construction. Our lawyers have represented clients in connection with environmental mitigation measures imposed on certificates to construct and operate pipelines, and have defended and settled FERC enforcement cases in which environmental violations have formed a major part of the commission’s allegations.

Transportation
Our lawyers have actively represented various segments of the oil and gas industry in virtually every type of transportation-related transaction. We aid clients in developing new and innovative transportation arrangements, represent natural gas and oil pipelines in negotiating and developing onshore and offshore transportation facilities, and represent pipeline companies in investigations conducted by FERC and the National Transportation Safety Board.