Ben N. Reiter

Counsel

Areas of Focus

Ben N. Reiter

Counsel

breiter@akingump.com

Areas of Focus

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Biography
  • Advises developers, investors and utilities on regulatory and transactional issues related to the development, operation and financing of electric generation and transmission assets.
  • Represents clients before the Federal Energy Regulatory Commission (FERC) and state commissions on matters related to electric power and transmission.

Ben assists developers, investors and utilities in navigating complex regulatory and project development issues related to the development of solar, wind, electric transmission, carbon capture and clean hydrogen projects.

Ben has experience with FERC proceedings and related federal court appeals concerning various aspects of the Federal Power Act (FPA) regulations. He regularly advises developers on the FPA and the Public Utility Holding Company Act approvals necessary to bring their projects online and assists them with navigating the generator interconnection process. His regulatory experience includes representing clients before state utility commissions.

Ben’s practice also involves the development and financing of major renewable energy projects, including the financing and structuring of long-distance transmission projects that transport remote solar and wind resources to high load areas in various parts of the United States.

Ben has negotiated power purchase agreements, renewable energy credit agreements, power trading agreements and counseled clients on state programs aimed at incentivizing renewable energy development. He closely tracks legislative and regulatory proposals to help clients navigate the rapidly changing energy landscape.

Ben has represented clients in relation to the development of a number of energy projects on tribal land, including negotiating coal surface leases, navigating site lease regulations developed under the HEARTH Act, and advising on Bureau of Indian Affairs regulations relating to the adoption of tribal energy resource agreements.

Ben received a J.D. from the University of California, Los Angeles School of Law, where he served as an editor for the UCLA Law Review. He is a member of the Energy Bar Association and a former fellow of the Clean Energy Leadership Institute.

Representative Work
  • Represented merchant transmission developer in obtaining various FERC approvals related to acquisition and development of 500 plus mile HVDC transmission project used to transport wind resources to high load areas.
  • Represented transmission developer with respect to energy regulatory issues associated with over $500 million green bond financing of two transmission projects.
  • Represented solar developer in complaint proceeding regarding extensive delays in PJM Interconnection, L.L.C.’s interconnection process.
  • Represented transmission developers concerning transmission planning processes, including effect of state right-of-first-refusal laws.
  • Represented financial institution with respect to tax equity investment in six-state, 35 project community solar portfolio.
  • Represented utility in FERC proceeding resulting in placement of transmission facilities under the Midcontinent Independent System Operator, Inc. (MISO) tariff and establishment of joint transmission pricing zone.
  • Represented utilities in FERC proceeding and subsequent D.C. Circuit appeal related to their ability to receive de-pancaked transmission rates when importing or exporting power to MISO.

Education
  • J.D., University of California, Los Angeles, School of Law, 2015

  • M.A., University of Chicago, 2011

Bar Admissions
  • District of Columbia

  • Montana

  • Wyoming

Recognitions
  • Best Lawyers: Ones to Watch, energy law, 2023-2024; project finance law, 2024.
  • Clean Energy Leadership Institute, Fellow, 2020.
Affiliations and Public Service
  • Energy Bar Association
  • Wyoming State Bar CLE Committee
Speeches and Publications
  • “Better Identifying Cost and Responsibility for Regional Transmission Development and Interconnection-Related Network Upgrades,” Infocast Transmission and Interconnection Summit, Washington, D.C., June 13, 2023.
  • “The Post-Inflation Reduction Act 45Q Tax Credit: Maximizing and Monetizing 45Q,” Global CCS Institute Members Webinar, October 28, 2022.

Insights and Achievements

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