We represent a broad range of electric industry participants, including government- and investor-owned electric utilities, independent power producers, project developers, transmission owners, generation owners, energy traders, equity investors, financial institutions and manufacturers of renewable technologies. We analyze issues under the Federal Power Act (FPA), the Public Utility Regulatory Policies Act, the Public Utility Holding Company Act of 2005, the Energy Policy Act of 2005, the Energy Independence and Security Act of 2007, the American Recovery and Reinvestment Act of 2009 and various state energy industry statutes.
We regularly advise clients on such matters as utility mergers; asset acquisitions and divestitures; market power and mitigation issues; the planning, siting, development and financing of new transmission and generation facilities; transmission rate incentives; market-based rates and market-manipulation rules; power sales and purchases; generation interconnection procedures; the development, implementation and application of Regional Transmission Organization (RTO) rules, including the rules governing competitive capacity and energy markets; Federal Energy Regulatory Commission (FERC) standards of conduct; and hydroelectric licensing. We also represent clients in the negotiation of power supply agreements, generation and transmission interconnection agreements, electric energy transmission service agreements, tolling agreements, energy management agreements, natural gas purchase and sales agreements, and gas and oil transportation agreements. Additionally, we advise clients on the North American Electric Reliability Corporation’s development and enforcement of the reliability rules applicable to the nation’s bulk power system. Members of the energy regulation practice have extensive experience handling all of the regulatory due diligence for, and documentation of, major energy infrastructure transactions. Representative matters include:
FERC Litigation Proceedings
- representing a wind developer in bringing a complaint at FERC under FPA Section 206 arguing that the interconnecting utility was inappropriately withholding transmission capacity
- representing a municipally-owned electric utility in bringing a complaint at FERC under FPA Section 206 arguing that it had been improperly billed unreserved transmission use penalties by a neighboring utility
- representing an electric utility in litigated FERC proceedings concerning another utility’s proposals to collect capacity charges from competitive retail electric service providers
- representing a municipally-owned electric utility in responding to an FPA Section 206 complaint alleging violations of regional reliability standards
- representing an electric utility company in an FPA Section 206 proceeding seeking to reduce the return on equity (ROE) for transmission companies that are members of an RTO
- representing an electric utility company in an FPA Section 205 proceeding in which FERC for the first time accepted a rate filing in which an RTO allocated transmission facility costs to, and imposed charges for those costs on, neighboring RTOs and their customers absent the RTO and customers’ agreement
- representing an electric utility in an FPA Section 206 complaint proceeding and related petition for a declaratory order proceeding involving the terms and conditions of withdrawal from an RTO
- representing an electric utility company in a petition for a declaratory order proceeding involving FERC’s exclusive jurisdiction over wholesale sales of electric energy in interstate commerce
- representing an electric utility company in an FPA Section 206 complaint proceeding and related petition for declaratory order proceeding involving cost responsibility for transmission projects included in an RTO’s regional transmission plan
- representing an electric utility company in FPA Section 206 complaint proceedings involving a multi-million dollar dispute between the Midwest Independent Transmission System Operator, Inc. (Midwest ISO) and PJM Interconnection, L.L.C. (PJM)
- representing an electric utility company in obtaining a FERC order in a FPA Section 206 complaint proceeding denying its supplier’s claim for more than $15 million in connection with the supplier’s sale of wholesale power to the company
- representing an electric utility company in FERC proceedings involving the establishment of the forward capacity market in New England
- representing utilities in the litigation of an FPA Section 203 merger and acquisition proceedings at FERC.
- representing an electric utility company in its development of a major high-voltage transmission line, obtaining the first order issued by FERC for incentive rate treatment for the recovery of the company’s investment
- representing affiliated electric utilities in a retail rate case proposing to recover approximately $155 million in project development costs associated with an abandoned coal-fired power project
- representing an energy company in FERC proceedings involving the establishment of transmission rates for service within and between the Midwest ISO and PJM
- representing a consortium of utilities considering a joint transmission project regarding alternative tariff arrangements for cost recovery of their investment
- representing an electric utility in connection with an FPA Section 205 application for authorization of a common base ROE and rate incentives for participation in an RTO and for new transmission investment and federal appellate review of the FERC order
- representing an electric utility company in obtaining one of the first FERC incentive rate orders under Order No. 679 in connection with the development of, and investment in, a major high voltage transmission line.
- representing a major electric utility company in its acquisition of, and merger with, an electric utility with the transaction valued at more than $5 billion
- representing a provider of wholesale power, capacity and ancillary services in its $2.3 billion purchase of a generation portfolio from—and the acquisition of a 50 percent stake in a development joint venture with—a privately held power plant investor
- representing an electric utility and its market-regulated affiliate in a generation asset swap valued at $1.3 billion
- representing an energy company in its negotiation of a power purchase agreement valued at more than $200 million with a wind power generation facility
- representing a foreign investment fund in its $1.5 billion purchase of electric generation facilities in the United States and in its ongoing operation of those generation facilities
- representing a lender in connection with a $750 million debt financing and related hedging transactions for the owner of electric generation facilities in the United States
- representing an energy company in its $1.2 billion sale/leaseback of an electric generation facility
- representing various investment and private equity funds in their acquisition of, or interests in, power generation and other infrastructure facilities
- representing an electric utility company in connection with the development, construction and interconnection of one of the first merchant transmission lines in the United States.