Based in Washington DC, Steptoe LLP’s energy practice is reputed for the depth of its expertise across the full spectrum of regulatory, enforcement and private litigation matters with its stellar client roster including several of the largest electric utility companies in the country. The team’s specialisms include the litigation of rates and terms for transmission and wholesale services, commercial disputes in state and federal courts, as well as the support of clients in return on equity (ROE) complaint cases. The group is jointly steered by Richard Roberts and Daniel Mullen, who are both proficient in defending clients in investigations by FERC and the US Commodity Futures Trading Commission (CFTC). Acting as both plaintiff and defense counsel for major utilities, Doug Green demonstrates prowess in antitrust-related disputes, often in the context of distributed generation and solar power. Karen Bruni‘s focus areas include matters concerning energy offers and trading in PJM and the California ISO, as well as the representation of clients before federal courts in litigations related to enforcement matters. David Raskin’s workload extends to transmission projects, contract and antitrust disputes, as well as stranded investments. Steven Ross retired in January 2023. At the same time, Wesley Heath departed for a role at the DOJ.
Energy litigation: electric power in United States
Steptoe LLP
Responsables de la pratique:
Daniel Mullen; Richard Roberts
Principaux clients
NorthWestern Energy
Duke Energy Corp.
Evergy Inc.
American Electric Power
PPL Corp
The Narrangansett Electric Company
Southern California Edison Company
Eversource Energy
Tipmont Rural Electric Membership Cooperative
Exelon Corporation
Arizona Public Service Company
Edison Electric Institute
Southwestern Public Service Company
Tucson Electric Power
PacifiCorp
Principaux dossiers
- Represented Duke Energy in litigation regarding transmission access issues for electric utilities and the law of predatory pricing in the 4th Circuit.
- Represented Tipmont Rural Electric Membership Cooperative in a case to determine the rights of a cooperative utility that is a member of a larger cooperative to gain independence and provide for its own power supplies.
- Represented a coalition of California utilities and agencies on behalf of Southern California Edison (SCE) to pursue recovery of billions of dollars in overcharges California suffered from other power sellers during the power crisis.
Baker Botts L.L.P.
Equipped to handle both domestic and international energy litigation, Baker Botts L.L.P. is frequently engaged by generators, processors, service providers, transporters, distributors and marketers of electricity. The firm’s litigation practice works together with departments such as regulatory, environmental, appellate, and global projects to advise clients on all aspects of the development, production, distribution and marketing of energy products. Co-chair Bill Kroger has a track record of matters that involve the development of new energy projects and technologies, and has handled numerous disputes arising out of Winter Storm Uri, whereas co-chair Louie Layrisson is experienced in energy disputes related to supply chains, force majeure leases, power agreements and joint ventures. Washington DC-based Megan Berge specializes in matters related to environmental law, with her workload extending to civil litigation, permit appeals and advice on regulatory issues. Tina Nguyen‘s broad practice covers royalty obligations, pricing disputes, midstream agreements and nuisance claims. John Anaipakos departed in July 2023. Unless stated otherwise, all mentioned lawyers are based in Houston.
Responsables de la pratique:
William Kroger; Louis Layrisson
Autres avocats clés:
Megan Berge; George Fibbe; Kevin Jacobs; Tina Nguyen; Matthew Sheridan; Anthony Lucisano
Les références
‘Megan Berge and her team have a great knowledge of the electric business, which lets them provide quick, responsible counsel on how to address environmental issues.’
Principaux clients
Advanced Energy Capital, LLC and Related Parties
AES Corporation
Alta Power LLC
Atmos Energy Corporation
Avangrid Renewables
Brookfield Renewable US
Calpine Corporation
CenterPoint Energy
Clearway Energy Group, LLC
EDP Renewables, North America
ENGIE North America, Inc
Entergy Services, Inc.
Freeport Power Limited
Griddy Energy LLC
ITC Project Holdings LLC
Kindle Energy LLC
LG&E and KU Energy LLC
Longroad Energy
Murphy Exploration & Production Company
NRG Energy, Inc
Oxbow Calcining LLC
Phillips 66
Pinegate Renewables
Priority Power Management, LLC
Sempra Energy
Seminole Electric Cooperatives, Inc
Skyline Renewables
Sunnova Energy Corporation
Talen Energy Corporation
XCEL Energy
Principaux dossiers
- Represented a joint defense group of traditional and renewable power generation companies in multi-district litigation arising out of winter storm Uri against more than 400 defendants, including ERCOT, power generators, electric utilities and retail electric providers.
- Represented NRG in a breach of contract and declaratory judgment action related to the ownership and operation of the South Texas Project (STP), which is a nuclear power plant located in southern Matagorda County.
- Represented Calpine Corporation in an appellate procedure before the Fifth Circuit, which decided that the bankruptcy court must abstain from deciding the validity of the Public Utility Commission of Texas’s (PUCT) orders during Winter Storm Uri.
Bracewell LLP
Representing major energy companies as both plaintiffs and defendants, Bracewell LLP has a strong pedigree in multidistrict and multi-party litigation and arbitration, with a notable specialism in disputes regarding compensation for energy infrastructure investments. The practice is co-led by Houston’s Stephen Crain, a name to note for power trading disputes, and Deanna E. King in Austin, who advises foreign clients on issues related to participation in the US energy markets, such as market access, competition and cross-border matters. Seattle-based Tyler S. Johnson acts in cases involving compliance with the Federal Power Act, FERC proceedings as well as related appellate litigation, and is noted for expertise in transmission and rate matters linked to the Bonneville Power Administration. In Washington DC, Michael Brooks focuses on commodities and derivatives with ties to electricity markets, which is also at the core of Bradley Benoit‘s practice in Houston. Andrew Zeve left the firm in January 2023, while Rachael Marsh departed in June 2023.
Responsables de la pratique:
Stephen Crain; Deanna E. King
Principaux clients
Tenaska Power Services Co
Tenaska, Inc.
Tenaska Gateway Partners
Tenaska Frontier Partners
Kiowa Power Partners
Shell Energy North America (US), L.P.
Arroyo Investors
Powerex Corp.
Alliance of Cooperative Energy Services Power
New York State Electric & Gas Corporation
Rochester Gas and Electric Corporation
Southern Maryland Electric Cooperative
Rockland Capital LP
Principaux dossiers
- Represented Tenaska Power Services Co in the consolidated, multidistrict litigation arising from Winter Storm Uri.
- Represented Goldfinch Energy Holdings LLC in a dispute with the founder of a company acquired by Goldfinch.
- Represented Shell in western energy markets cases involving long-term contracts, that continue to be litigated before FERC.
McGuireWoods LLP
Handling the full gamut of FERC enforcement proceedings, McGuireWoods LLP‘s varied workload extends to disputes related to reliability-must-run (RMR) units, the transition from stated transmission rates to forward-looking formula rates, and the unauthorized use of transmission systems. Todd Mullins excels in enforcement and compliance disputes involving various regulators such as FERC and NERC, and related private litigation. Mullins leads the Washington DC-based practice alongside Noel Symons, whose capabilities encompass disputes arising from cross-jurisdictional matters, the design of markets for energy, transmission planning, and cost allocation. With particular proficiency in matters related to the development, ownership and operation of electric generation and transmission projects, Julia English regularly represents electric generation and transmission owners, developers, financial institutions and investors, while Katlyn Davis Farrell is well versed in handling matters regarding cost-based and market-based rates, generator interconnection, and RTO/ISO tariffs.
Responsables de la pratique:
Todd Mullins; Noel Symons
Autres avocats clés:
Julia English; Katlyn Farrell; Bernard McNamee
Principaux clients
Exelon Corporation
Constellation Energy
Edison Electric Institute (EEI)
NRG Energy Inc.
Alabama Power Company
Georgia Power Company
Mississippi Power Company
Associated Electric Cooperative, Inc.
Dalton Utilities
Dominion Energy South Carolina, Inc.
Duke Energy Carolinas, LLC
Duke Energy Progress, LLC
Louisville Gas and Electric Company and Kentucky Utilities Company
Georgia System Operations Corporation
Georgia Transmission Corporation
Municipal Electric Authority of Georgia (MEAG Power)
North Carolina Electric Membership Corporation
North Carolina Municipal Power Agency Number 1
Oglethorpe Power Corporation
PowerSouth Energy Cooperative
South Carolina Public Service Authority (Santee Cooper)
Tennessee Valley Authority
PSE&G
Dominion Energy, Inc
Dominion Energy Virginia
Black Hills Corporation
Principaux dossiers
- Represented Edison Electric Institute (EEI), Electric Power SupplyAssociation (EPSA), and Energy Trading Institute (ETI) in an amicus brief in support of the statute of limitations arguments made by Vitol, Inc. and in opposition to arguments made byFERC in a case in which FERC requested over $2.7 million worth of penalties and disgorgement and fined one of Vitol’semployees $1m after concluding its trading activity manipulated California electricity markets.
- Represented Constellation (f/k/a Exelon) in a novel reliability-must-run (RMR) case to keep Exelon’s Mystic Generating Plant (Mystic), a facility adjacent to an affiliate-owned liquefied natural gas (LNG) import terminal, operational to provide fuel security in ISO-New England.
Dentons
With a ‘breadth of experience that is hard to find in a single firm’, Dentons‘ energy department in Washington DC is adept at the full gamut of regulatory proceedings before FERC, including disputes related to operations, rates, project development, enforcement and agency rulemaking, and demonstrated its strength in private litigation, leveraging the firm’s international network to comfortably handle cross-border litigation and arbitration. Praised for his ‘incredible knowledge’, Clinton Vince leads the practice and is recommended for his expertise in proceedings before trial and state appellate courts, as well as the Supreme Court. Sought out by power entities, municipalities, and energy customers, Emma Hand shines on matters related to energy efficiency and all sources of electric power generation such as renewables and distributed generation, with a specialism in federal utility regulation and litigation. Justin Mirabal is well versed in crafting consensus agreements between regulated entities and their customers in settlement negotiations.
Responsables de la pratique:
Clinton Vince
Autres avocats clés:
Emma Hand; Peter Thieman; Carl Steen; Justin Mirabel
Les références
The team has a breadth of experience that is hard to find in a single firm. Our enterprise was able to make broad strategic decisions regarding a very complex and novel legal strategy quickly because we had every necessary expert in the room at the same time. In addition, the ability to get us with supporting experts, consultants and services was extremely helpful.
‘Clinton Vince and Emma Hand are experts in the energy field, have incredible knowledge and experience, but each approaches things very differently. Having them both on the team supporting our enterprise allows us to have the broadest scope of support, and allows us to utilize the best attorney for each individual situation.’
Gibson, Dunn & Crutcher LLP
Gibson, Dunn & Crutcher LLP’s energy, regulatory and litigation team advises on the full spectrum of energy litigation matters before FERC and state and federal courts. The group also demonstrates proficiency with disputes arising out of transactions, which are also a strength of practice chair William Hollaway, whose clients include independent power producers and independent transmission companies, as well as traditional regulated generation and transmission utilities. Janine Durand‘s workload encompasses matters related to the development and management of energy transmission and generation, such as merchant transmission projects and renewable energy. All mentioned lawyers are based in Washington DC.
Responsables de la pratique:
William Holloway
Principaux clients
Cordova Energy Company
MidAmerican Energy Company
SOO Green HVDC Link
Berkshire Hathaway Energy Company
Elliott Investment Management
Pine Gate Renewables
I Squared Capital
Hudson Transmission Partners
Neptune Regional Transmission System
Energy Transfer
General Electric International
Capitan
Elawan Dileo Solar, LLC
Elawan Energy, S.L.
Haynes and Boone, L.L.P.
Investors, lenders, transmission and utility distributors as well as electric power cooperatives are among the clients who regularly turn to Haynes and Boone, L.L.P.’s energy litigation department for assistance with all spheres of business, regulatory and tort litigation. Appellate proceedings are a specialism of the team, and part of the focus areas of Ben Mesches and Andrew Guthrie in Dallas, and Houston’s Ryan Pitts. Mesches jointly steers the group alongside Leslie C. Thorne, who splits her time between New York and Austin, and is an experienced litigator for conventional and renewable energy disputes.
Responsables de la pratique:
Leslie Thorne; Ben Mesches
Autres avocats clés:
Andrew Guthrie; Ryan Pitts
Principaux clients
Panda Power Funds
Papalote Creek II, LLC
Southwest Power Pool, Inc.
South Texas Electric Cooperative, Inc. (STEC)
EDP Renewables North America, LLC
NextEra Energy
Tokai Carbon
Ormat Technologies
El Algodon Alto, LLC
RWE Renewables Americas, LLC
K&L Gates
K&L Gates balances a busy workload of representing clients in litigation before FERC and federal courts of appeals, and is noted for expertise in matters relating to the interconnection of utility-scale generation facilities, transmission planning and cost allocation. The practice is co-headed by Kansas City-based John Crossley and Kimberly Frank in Washington DC, who is praised by clients for being ‘adept at quickly grasping technical issues’, and is proficient in administrative and appellate litigation on matters such as energy market design, transmission service, rate and cost allocation, and contested utility mergers. Also in Washington DC, Donald Kaplan‘s broad practice encompasses disputes arising from antitrust, economic regulation, and pricing issues. Boston’s Theodore Paradise joined the team in August 2023 from an in-house role, strengthening the group’s capabilities in the wind energy sector.
Responsables de la pratique:
John Crossley; Kimberly Frank
Les références
‘This firm treats clients as if they are the most important and the only client they have. ’
‘Kimberly Frank is adept at quickly grasping technical issues. Not only does she advocate for a positive resolution to the case, but she is also constantly aware of the total financial impact to the client. Kimberly is also relatable and respectful to all staff levels in the client’s organization. ’
Principaux clients
PPL Electric Utilities Corporation
Financial Marketers Coalition
Kansas Electric Power Cooperative, Inc.
Oklahoma Gas and Electric Company
Morgan, Lewis & Bockius LLP
Morgan, Lewis & Bockius LLP houses a team of experienced trial lawyers and former regulators, showcasing a strong track record in court, arbitration and regulatory proceedings arising from commercial and regulatory disputes that is particularly well regarded for its in-depth knowledge of the nuclear power sector, which is a focus area of co-chair Brad Fagg in Washington, and the representation of buyers and sellers in disputes regarding power purchase agreements. Fagg leads the group alongside Houston’s Michelle Pector, who is adept at a variety of business and consumer disputes, with her knowledge extending to injunction proceedings, class actions, and litigation out of severe weather events, trade secret and supply chain disputes. Jared Wilkerson, who is also based in Houston, is a key contact for matters with ties to Latin America.
Responsables de la pratique:
Brad Fagg; Michelle Pector
Autres avocats clés:
Jared Wilkerson; Elise Attridge; Veronica Lew; Heidi Rasmussen; James J. Dragna; John McGahren
Principaux clients
Spark Energy
National Gas & Electricity
Centrus Energy
Vistra Energy
Xcel Energy
Honolulu Board of Water Supply
Growth Energy
Franklin Electric Co. Inc.
Principaux dossiers
- Obtained a take-nothing judgment on behalf of Spark Energy.
- Represented National Gas & Electric as defendend in a nationwide class action regarding alleged violations of the Telephone Consumer Protection Act.
- Represented Franklin Electric Co. Inc. and its Mexican subsidiary, Motores Electricos Sumergibles de Mexico, S. de R.L. de C.V. in a suit alleging that Franklin and Motores breached a contract for cross-border customs services and misappropriated trade secrets.
Troutman Pepper
Troutman Pepper is reputed for its strong FERC practice, and offers particular proficiency with matters in the hydropower sector, for which Charles Sensiba is a key advisor. Among the firm’s clients are numerous investor-owned utilities and developers, who engage the team for disputes related to M&A, antitrust, generation and transmission rates, and interconnection issues. The group is led by a trio that exemplifies the firm’s capabilities in FERC proceedings: Brandon Marzo in Atlanta, Amie Colby, and Christopher Jones, who also covers matters related to transmission, energy market design and competition law. Unless stated otherwise, all mentioned lawyers are based in Washington DC.
Responsables de la pratique:
Brandon Marzo; Amie Colby; Christopher Jones
Autres avocats clés:
Charles Sensiba; Steve Boughton
Principaux clients
PacifiCorp
NV Energy
Dominion Energy
Duke Energy
American Electric Power
WEC Energy Group
Ameren Corporation
Public Service Company of New Mexico
NorthWestern Energy
NiSource, Inc.
Hull Street Energy, LLC
Earthrise Energy, PBC
Tri-State Generation and Transmission Association, Inc.
Berkshire Hathaway Energy