Energy regulation: electric power in United States

Steptoe LLP

Steptoe LLP remains a market-leading outfit in the energy regulatory space, with the Washington DC-based group advising a diverse range of clients on matters ranging from tariff compliance and enforcement proceedings to regulatory questions in connection with transactions as well as large-scale generation and transmission projects. Antitrust-related work within the power industry is another key strength for the firm, which routinely appears in high-profile cases before FERC and federal courts. Daniel Mullen is particularly well versed in assisting clients with investigations and contentious matters and leads the team jointly with experienced litigator Richard Roberts. Donna Byrne and Shaun Boedicker both have extensive expertise advising clients in FERC regulatory issues, including complaint proceedings and approvals. Another key name to note is William Keyser, whose practice encompasses matters relating to interlock issues, transmission rates, and energy transactions for a varied client base comprising electric utilities providers, energy storage developers, and power marketers, among others.

Responsables de la pratique:

Daniel Mullen; Richard Roberts


Autres avocats clés:

Donna Byrne; William Keyser; Shaun Boedicker; John Perkins


Principaux clients

NorthWestern Energy


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


  • Assisted a large coalition of Transmission Owners (American Electric Power, PPL, Exelon, PSEG and other PJM Transmission Owners) from the Mid-Atlantic region with litigation and developing transmission policy before FERC.
  • Advised Eversource Energy in connection with a sale of offshore wind generation.
  • Represented Edison Electric Institute in advocating for the utility industry on the issue of whether utilities, or competing developers, have the first right to build transmission lines within a utility’s service area.

Troutman Pepper

Fielding one of the largest practices in the market, Troutman Pepper advises clients on the whole gamut of regulatory issues in the electric power sector, though the firm is especially well regarded for its leading FERC practice, with lawyers capable of assisting clients with regulatory compliance and defending them in investigations. Hydropower constitutes another key area for the group, where it handles work in relation to FERC relicensing proceedings and policy initiatives, among others. Brandon Marzo is a go-to contact for regulatory approvals on behalf of major utilities and co-heads the practice out of the firm’s Atlanta office. Amie Colby has longstanding experience representing electric power clients in a wide range of matters before FERC and also co-heads the practice alongside Christopher Jones, whose expertise includes energy market design, market-based rate programs and competition aspects of M&A deals in the power sector; both are based in Washington DC. In Portland, Adrienne Thompson is another FERC specialist with particular know-how of FPA and PURPA-related matters.

Responsables de la pratique:

Brandon Marzo; Amie Colby; Christopher Jones


Autres avocats clés:

Charles Sensiba; Adrienne Thompson


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


Principaux dossiers


Baker Botts L.L.P.

Praised for its ‘outstanding legal advocacy‘, Baker Botts L.L.P. sports a multi-faceted practice capable of advising electric power clients on all aspects of regulatory issues and ensuing litigation. In addition to standalone regulatory work for a diverse client base that includes multi-state utilities as well as generation and transmission portfolio companies, the practice also provides regulatory support in the framework of transactions and financings. Washington DC’s Michael Yuffee counts enforcement defense, transactions and regulatory work among his areas of expertise and focuses on matters relating to the wholesale energy markets; he leads the practice jointly with Andrea Stover in Austin, whose work focuses on Texas and includes appearances before agencies such as ERCOT and the Public Utility Commission of Texas. Also in Washington DC, Jay Ryan and Emil Barth field diverse regulatory energy portfolios involving extensive FERC expertise.

Responsables de la pratique:

Michael Yuffee; Andrea Stover


Autres avocats clés:

Emil Barth; Ryan Norfolk; Jay Ryan


Les références

‘They are business-minded and provide valuable advice and assistance in weighing regulatory risk and consequences.’

‘Great overall team that provides broad services to us. On time and well-prepared materials. Outstanding legal advocacy and a trusted partner.’

‘Jay Ryan provides timely and sound legal advice that helps us meet our objectives.’

Principaux clients

CenterPoint Energy


Crius Energy Trust


Seminole Electric Cooperative, Inc.


Hecate Energy


ITC Holdings Corp.


Kindle Energy


Marubeni


Nuveen Investments


Sharyland Utilities


Hartree Partners LP


The AES Corporation


Transmission Developers, Inc.


Eolian Energy


Candela Renewables


Hecate Grid


Blackstone Infrastructure Partners


Sunnova Energy Corporation


Principaux dossiers


  • Advised ITC on a range of regulatory matters before FERC, including on FERC’s transmission rate incentive policies and RTO market rules.
  • Representing Transmission Developers in its $6bn cross-border high voltage direct current transmission line from the US-Canada border into New York City (the “Champlain Hudson Power Express Projects”).
     
  • Representing Sunnova Energy Corporation before the US Department of Energy in connection with obtaining a $3bn loan guarantee to guarantee to support the origination of $4-5bn of residential solar loans.

Bracewell LLP

Bracewell LLP sports a robust FERC practice, representing clients in federal appellate and district courts. The team also excels in renewable energy work, advising on independent transmission projects as well as storage and generation projects with the capacity to advise on regulatory compliance and approvals as well as on contentious and transactional issues. In Washington DC, practice head Catherine McCarthy is highly experienced in representing clients before authorities such as FERC, DOE and NRC, and Tyler S. Johnson counts regulatory litigation and compliance amongst his areas of expertise. Deanna E. King, based in Austin, is another practitioner with extensive know-how in federal and state court litigation in addition to non-contentious regulatory issues. New York’s Theodore Duver is regularly sought out by renewable energy companies and utilities in matters such as generic rule-makings and ratemaking proceedings. Rachael Novier Marsh left the firm for an in-house position in May 2023.

Responsables de la pratique:

Catherine McCarthy


Autres avocats clés:

Deanna E. King; Theodore Duver; Charles R. Mills; Michael W. Brooks; Tyler S. Johnson


Principaux clients

Equinor Wind


Powerex Corp.


Alliance of Cooperative Energy Services Power marketing LLC


ENGIE North America Inc.


Avangrid Renewables, LLC


Shell Energy North America (US), L.P.


New York State Electric & Gas Corporation


Rochester Gas and Electric Corporation


American Century Investments


Southern Maryland Electric Cooperative


United Renewable Energy Co. Ltd.


Principaux dossiers


  • Acting for Powerex in negotiations and proceedings to establish legal and regulatory frameworks for cross-border participation in new organized wholesale electricity markets.
  • Advised New York State Electric & Gas Corporation and Rochester Gas and Electric Corporation on FERC matters related to investment in local transmission facilities.
  • Represented TransAlta in connection with sales made above the “soft” price cap applicable to bilateral sales in the western market.

Eversheds Sutherland

Eversheds Sutherland is renowned for its prowess in energy commodities and trading and excels at providing regulatory advice to major utilities, generation developers, and transmission infrastructure entities in the US. Led by Joseph Hall in Washington DC and Austin-based Lino Mendiola, the team advises on compliance, investigations, and enforcement proceedings, with extensive litigation experience before FERC and federal courts. The practice is also well versed in matters relating to the energy transition, such as onshore and offshore wind, as well as in cybersecurity issues within the electric power sector. Washington DC’s Allison Salvia advises a client portfolio consisting of electric cooperatives, transmission and energy trading companies, generators, and end users on regulatory approvals, enforcement, and compliance. Washington DC lawyers Daniel Frank and Jonathan Gottlieb are further key practitioners in this space, both sporting in-depth knowledge of the US energy regulatory market. Also in DC, Robert Lamkin, who joined the team from McDermott Will & Emery LLP in May 2024, handles both regulatory matters and structured transactions in the electric power space.

Responsables de la pratique:

Lino Mendiola; Joseph Hall


Autres avocats clés:

Allison Salvia; R. Michael Sweeney, Jr.; Daniel Frank; Jonathan Gottlieb; Robert Lamkin


Principaux clients

Pattern Energy Group


ALLETE


ALLETE Clean Energy


Shell Energy North America


Shell Oil Company


MidAtlantic Offshore Development


BayWa


Longroad Energy


Savion


Principaux dossiers


  • Advised Pattern Energy Group on regulatory issues related to the development of a large wind in New Mexico and a $360 million transmission line in New Mexico.
  • Advised ALLETE on its development of the North Plains Connector transmission project which, when completed, will be a $3-5bn transmission line running from the Midwest to the Upper Northwest.
  • Advised Shell on developing its overall regulatory strategy to plan and to build generation and transmission infrastructure around the US, including offshore wind generation and transmission.

K&L Gates

K&L Gates‘ full-service energy group is well equipped to represent clients before FERC and other federal authorities, while also fielding longstanding experience with regional electricity markets. The practice is regularly involved in a wide range of matters relating to transmission planning, enforcement investigations, and compliance, in addition to acting for clients including lenders and developers in the acquisition and financing of renewable energy and storage projects. John Crossley, who is based in Kansas City and centers his practice around project development and transactional matters, leads the team jointly with Washington DC’s Kimberly Frank, whose focus lies on regulatory work before FERC and state public utility commissions. Jennifer Mersing has left the firm for an in-house position.

Responsables de la pratique:

John Crossley; Kimberly Frank


Autres avocats clés:

Donald Kaplan; Maria Faconti


Les références

‘Highly knowledgeable about the electric power industry. Highly knowledgeable about FERC regulation as well as state regulation. Highly knowledgeable about industry and regulatory trends and the potential impacts on the client.’

‘Kimberly Frank is well respected by industry peers. She is relatable and respectful to all staff levels within the client’s organization. She is technically adept and is able to capture issues succinctly and thoroughly in regulatory filings.’

Principaux clients

PPL Electric Utilities Corporation


Financial Marketers Coalition


Kansas Electric Power Cooperative, Inc.


Kirkland & Ellis LLP

Routinely handling a wide range of regulatory matters for the electric power market, Kirkland & Ellis LLP's advisory portfolio includes representing clients before authorities such as FERC, DOE, NRC, as well as CFTC. Power purchase agreements, M&A deals, and project development are among the key areas of activity for the firm alongside enforcement investigations and litigation. Brooksany Barrowes' experience covers ISO and RTO tariff proceedings as well as corporate compliance proceedings, among others, while Robert Fleishman fields in-depth expertise regarding the regulatory aspects of transactions within the energy market and routinely defends clients in enforcement actions. Andrew Stuyvenberg is another key practitioner in the team and offers experience acting on matters including FERC approvals for M&A deals, electric rate proceedings under the FPA, and nuclear regulatory issues. Marcia Hook left the firm in February 2024. All mentioned lawyers are based in Washington DC.

Autres avocats clés:

Brooksany Barrowes; Robert Fleishman; Andrew Stuyvenberg; Cassidy Hall


Principaux clients

Blackstone Infrastructure Partners


GenOn Holdings, LLC


Bluescape Energy Partners LLC


Electric Reliability Council of Texas, Inc.


Aypa Power LLC


Investec Bank PLC


Blackstone Energy Partners III L.P.


Blackstone Capital Partners VIII L.P. and Portfolio Companies


Archaea Energy Inc.


Calpine Corporation


Cypress Creek Renewables


Air Products


Kindle Energy, LLC


Vineyard Wind 1, LLC


Ad Hoc Committee of Talen Energy Corporation


Ontario Teachers’ Pension Plan Board


Voltus Inc.


Principaux dossiers


  • Represented a coalition of ten companies that own merchant generation in PJM (led by GenOn Holdings, LLC) in litigation before FERC challenging record-setting capacity non-performance charges (penalties) assessed by PJM Interconnection LLC in connection with Winter Storm Elliott.
  • Advised Blackstone Energy Partners III L.P. and Blackstone Capital Partners VIII L.P., and their portfolio companies Transmission Developers, Inc., TDI-USA Holdings LLC, and CHPE LLC, in connection with the development and construction financing of the Champlain Hudson Power Express, an approximately 339-mile fully buried transmission line that will deliver approximately 1,250 MW of clean and renewable hydropower from Québec to New York City.
  • Advised creditors to Talen Energy Solutions on energy and nuclear regulatory matters in connection with a Chapter 11 restructuring of more than $10bn in debt and assets, including with respect to obtaining regulatory approvals from FERC and the Nuclear Regulatory Commission.

Latham & Watkins LLP

Latham & Watkins LLP‘s Washington DC-based power regulatory practice has longstanding experience with all areas of the energy market, where the firm is often sought out to advise on the regulatory aspects of transactions as well as matters such as tariff compliance, generation and transmission development, and administrative litigation before FERC. Natasha Gianvecchio, who leads the team, is particularly well versed in handling long-term power purchase agreements on behalf of independent power developers and owners. David Schwartz is reputed for his involvement in the formation of the developing electricity markets in the US and continues to advise on a broad spectrum of matters in the sector, including rate cases and M&A deals. The generation, transmission and distribution of electric energy as well as energy storage form part of Tyler Brown‘s area of focus, while Anna Biegelsen and James Blackburn are further names to note in the team.

Responsables de la pratique:

Natasha Gianvecchio


Autres avocats clés:

David Schwartz; Anna Biegelsen; James Blackburn; Tyler Brown


Principaux clients

Invenergy LLC


Iberdrola, S.A.


Avangrid


Vistra Energy


Blackstone Infrastructure Partners


Cogentrix Power


Orsted A/S


Castleton Commodities International, LLC


MUFG Bank, Ltd.


GE Energy Financial Services


Consolidated Edison, Inc.


Ørsted Onshore North America


RWE Renewables Americas


Invenergy


ConnectGen


DE Shaw Renewables


Cordelio Power


Innergex Renewable Energy Inc.


Longview Power


Recurrent


Apex Clean Energy


Heelstone


Principaux dossiers


McDermott Will & Emery LLP

McDermott Will & Emery LLP‘s energy regulation offering comprises transmission, interconnection, and reliability issues in addition to litigation and investigations by authorities such as FERC and CFTC. The firm also covers renewable energy generation and transactions within the power market. The Washington DC-based team is headed jointly by Neil Levy, who counts independent power producers, marketers, and merchant transmission developers among his clients, and David Tewksbury, who is particularly well versed in regulatory issues pertaining to rules for organized bid-based electricity markets. Operational, compliance, and regulatory matters are routinely handled by Stephanie Lim, while Bruce Richardson stands out for his expertise relating to cost-based ratemaking and reliability must-run. Robert Lamkin left the team in May 2024.

Responsables de la pratique:

Neil Levy; David Tewksbury


Autres avocats clés:

Stephanie Lim; Bruce Richardson


Principaux clients

Algonquin Power & Utilities Corp.


AltaGas Services (U.S.) Inc.


Apex Clean Energy, Inc.


BlueWave Energy


Calpine


Clearway Group


Clearway Energy


Cordia, LLC


ConnectGen LLC


CPV


Distributed Solar Development, LLC


Eastern Generation, LLC


Enfinity Global, Inc.


Eolian, L.P.


EPSA


Empire Generating Company, LLC


Empower Energies


GenOn


Global Infrastructure Partners


Hubbell Power Systems, Inc.


Hull Street Energy, LLC


Indeck Energy Services, Inc.


Independent Power Producers of New York, Inc.


Invenergy LLC


J-POWER


Jupiter Power


Leeward Renewable Energy, LLC


Longview Power, LLC


LS Power


Mammoth North LLC


Marubeni Power International, Inc.


Mitsubishi Power Americas, Inc.


Montour Solar One LLC


NEPGA


NextEra Energy Resources, LLC


NRG


Omnis Fuel Technologies, LLC


Onyx Renewable Partners L.P.


Pirlo Energy Holdings, LLC


Pine Gate Renewables, LLC


P3


Primergy Solar LLC


ReEnergy Holdings LLC


REV


Safari Energy


SB Energy


SK E&C BETEK Corporation


Talen


Tenaska


TerraForm Power, LLC


Vistra Energy Corp.


Principaux dossiers


  • Represented EPSA, Calpine, CPV, Eastern Gen, J-POWER, LS Power, NRG, and P3 in proceedings before FERC and the U.S. Courts of Appeals for the Seventh Circuit and Third Circuit with respect to offer-floor mitigation rules for the PJM Interconnection capacity market.
  • Represented affiliates of CPV, J-POWER, LS Power, and REV in connection with non-performance penalties arising out of Winter Storm Elliott.
  • Represented the affiliates of clients including Advanced Power, CPV, GenOn, Indeck, and J-POWER in numerous FERC proceedings to obtain, defend, modify, or transfer reactive power service revenue requirements.

McGuireWoods LLP

McGuireWoods LLP fields a practice with a varied caseload that encompasses rate cases, obtaining FERC approvals for transmission financing, the formation of new energy markets and regulatory litigation. FERC enforcement cases are another area of strength for the team jointly headed by a duo of energy experts: Todd Mullins chairs the firm’s energy enforcement group and has extensive experience in compliance and enforcement matters before FERC, the CFTC, and NERC, while Noel Symons’ advisory portfolio comprises RTO tariffs and market design, rate matters, and compliance, among others. Katlyn Davis Farrell is another key name to note with a broad practice that encompasses generator interconnection, cost allocation, and transactional support. FERC approvals, regulatory compliance and the development and ownership of electric generation and transmission projects fall under the umbrella of Julia English‘s areas of focus.

Responsables de la pratique:

Todd Mullins; Noel Symons


Autres avocats clés:

Julia English; Katlyn Davis Farrell


Principaux clients

Exelon Corporation


DATC Path 15, LLC


Edison Electric Institute


Evergy


Black Hills Corporation


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


Kentucky Utilities Company


Georgia System Operations Corporation


Georgia Transmission Corporation


Municipal Electric Authority of Georgia


North Carolina Electric Membership Corporation


North Carolina Municipal Power Agency Number 1


Oglethorpe Power Corporation


PowerSouth Energy Cooperative


South Carolina Public Service Authority


Tennessee Valley Authority


PSE&G


Dominion Energy, Inc


Dominion Energy Virginia


Principaux dossiers


  • Advised the Edison Electric Institute, Electric Power Supply Association, and Energy Trading Institute on an amicus brief in support of the statute of limitations arguments made by Vitol, Inc. and in opposition to arguments made by FERC in a case in which FERC requested over $2.7m worth of penalties and disgorgement and fined one of Vitol’s employees $1m after concluding its trading activity manipulated California electricity markets.
  • Represented the Exelon Corporation in connection with the planned spin-off of its generation fleet, including advising necessary FERC approvals and FERC filing seeking approval of the transaction, which was granted in late 2021.
  • Represented Constellation in a novel reliability-must-run case to keep Exelon’s Mystic Generating Plant, a facility adjacent to an affiliate-owned liquefied natural gas import terminal, operational to provide fuel security in ISO-New England.

Morgan, Lewis & Bockius LLP

Praised for its ‘deep knowledge within the topic area to draw from’, Morgan, Lewis & Bockius LLP is known for its strong nuclear regulatory expertise, fielding a team capable of covering the full nuclear fuel cycle by advising on nuclear waste management, decommissioning, as well as the construction and operation of nuclear reactors. Within the broader energy practice, the team is regularly sought out to handle work pertaining to new transmission facilities and renewable energy generation including solar and offshore wind. Chicago’s Elizabeth Hanigan is well versed in assisting clients with energy-related infrastructure developments and leads the practice with Washington DC-based Stephen Spina, whose portfolio includes representing clients before FERC and advising them on market pricing, rate matters, and reliability standards compliance. Also in DC, Grant Eskelsen and Tim Matthews are further key names with in-depth expertise relating to regulatory issues in the nuclear energy space.

Responsables de la pratique:

Elizabeth Hanigan; Stephen Spina


Autres avocats clés:

Grant Eskelsen; Tim Matthews


Les références

‘The team is diverse, has deep knowledge within the topic area to draw from, and performs work efficiently to assist us in controlling costs.’

‘The individuals we work with have expertise above that of their peers in energy regulatory and regulatory incident response that allows them to provide best-in-class advice on issues.’

‘MLB has a deep knowledge of the nuclear energy regulatory space, and continues to develop new talent to replace retirements. Very knowledgeable and experienced, and gets good results.’

Principaux clients

AB CarVal


AEP


Alliant Energy


APS


Brookfield/Westinghouse


BWX Technologies/Nuclear Fuel Services


Candlestick Capital Management


Centrus Energy


Constellation Energy


Dominion Energy


Enel X Way USA LLC


Energy Harbor


Entergy


Evergy, Inc.


Exelon


General Electric


Hydro-Québec


Interim Storage Partners LLC


Luminace Holdings LLC


Pacific Gas & Electric


Sentinel Energy Center


South Jersey Industries


TECO Energy


TerraPower


TerraPower Isotopes, Inc.


Ultra Safe Nuclear


United Nuclear Corp


Verizon Communications Inc.


Vistra Energy


Xcel Energy


Principaux dossiers


  • Advised Westinghouse Electric Co. LLC and Brookfield Business Partners LP on diligence and obtaining US nuclear regulatory approvals necessary for the sale of Westinghouse.
  • Represented a group of electric utilities in the Southwestern United States in briefing and oral argument before the United States Court of Appeals for the Fifth Circuit in support of the petitioner challenging FERC’s regional transmission planning compliance orders for the WestConnect planning region.
  • Advised GE and GE-Hitachi Nuclear on the sale of the Vallecitos Nuclear Energy Center in California.

Gibson, Dunn & Crutcher LLP

Gibson, Dunn & Crutcher LLP stands out for its capabilities in high-profile energy litigation, adeptly representing clients before FERC, state, and federal courts. The practice is also adept at handling high-profile transmissions, often in connection with large generating facilities such as wind and solar projects across the country. Washington DC-based William Hollaway leads the team and primarily acts on behalf of independent power producers as well as transmission companies in the full range of regulatory and transactional electric power matters. Senior counsel Janine Durand, also in DC, provides clients with in-depth experience before FERC, in renewable energy work, and on merchant transmission projects. Jeffrey Jakubiak left the firm in February 2023.

Responsables de la pratique:

William Hollaway


Autres avocats clés:

Janine Durand


Principaux dossiers


Hogan Lovells US LLP

Hogan Lovells US LLP‘s energy regulatory team stands out for its deep expertise in the nuclear energy space, where the firm advises on the licensing of first-of-its-kind nuclear facilities, transactions in the nuclear sector, and NRC investigations. Practice head Amy Roma fields longstanding experience handling nuclear matters, with her recent activity including assisting with the development of a nuclear fusion facility alongside work such as NRC license transfers under the Atomic Energy Act. Daniel Stenger regularly provides regulatory support to clients engaging in transactions within the nuclear energy space and also advises on policy developments and licensing matters.

Responsables de la pratique:

Amy Roma


Autres avocats clés:

Daniel Stenger; Mary Anne Sullivan; Stephanie Fishman


Les références

‘The experts at Hogan Lovells are the best specialized attorneys in the country for complex nuclear regulatory matters.’

‘Experience, precision of counsel. Very efficient in supporting our limited budget.’

‘Their knowledge on the subject matters that we dealt with them and their responsiveness were two key factors.’

Principaux clients

X-energy, LLC


EnergySolutions, LLC


Berkshire Hathaway Energy


Terra Praxis


Urenco


Helion Energy


Last Energy


GE Hitachi Nuclear Energy


Curium US LLC


University of Missouri


NAC International


Zeno Power Systems


Principaux dossiers


  • Serving as nuclear regulatory counsel and general nuclear counsel to X-energy, LLC, a company selected by the US Government to build an advanced Small Modular Reactor (SMR) sited in Washington State that must provide power to the grid by 2027.
  • Advised Helion on all matters including regulatory, corporate, contracting, power purchase agreements, and strategic matters in connection with its nuclear fusion facility.
  • Representing Berkshire Hathaway Energy in its collaboration with TerraPower electricity to deploy a TerraPower reactor at the retired Berkshire Hathaway coal plants.

Hunton Andrews Kurth LLP

Hunton Andrews Kurth LLP fields a team that is praised for its ‘deep bench with experienced leadership’ and handles federal and state regulatory proceedings for clients in the electric power sector in addition to providing regulatory support for M&A deals and other energy transactions. Notably, the firm possesses in-depth experience with a number of federal and state authorities such as FERC, the Public Utility Commission of Texas, and ERCOT. Myles Reynolds counts rate cases, certificate proceedings, and regulatory compliance in his advisory portfolio and leads the practice out of the firm’s Dallas office. In New York, Ted Murphy is a go-to lawyer for clients including ISOs, RTOs, and electric utilities seeking advice on matters concerning market design and regulatory issues. Tab Urbantke, based in Dallas, is ‘highly knowledgeable of the industry’ and regularly handles the regulatory aspects of project developments while also advising on energy-related transactions.

Responsables de la pratique:

Myles Reynolds


Autres avocats clés:

Tab Urbantke; Kevin Jones; Ted Murphy; John Lee Shepherd, Jr.


Les références

‘The Hunton AK regulatory team offers a deep bench with experienced leadership. The primary focus is to understand the industry and their clients and to provide top-notch client service tailored to each client’s needs and strategy. They are truly “partners” with their clients in achieving results.’

‘Tab Urbantke: Excellent judgment and organizational skills. Highly knowledgeable of the industry. Excellent relationships with stakeholders, including those that may be adverse from time to time. Client friendly service provider/partner.’

‘Myles Reynolds: Deep knowledge and experience in both gas and electric regulatory mattes, including complex technical and financial issues. Excellent judgment and trial skills when necessary. Great relationship partner.’

Principaux clients

New York Independent System Operator


Oncor Electric Delivery Company LLC


PJM Power Providers Group


Vistra Corp.


Appalachian Power Company


Principaux dossiers


  • Represented PJM Settlement and PJM Interconnection in litigation before the Federal Energy Regulatory Commission, including settlement discussions, which arise from Winter Storm Elliott, including adversity specifically with the ComEd Region Generator Group.
  • Represented Oncor Electric Delivery Company LLC in the preparation and prosecution of the base-rate case it filed on May 13, 2022.
  • Advised the New York Independent System Operator on a variety of topics, including advising on various state and federal proceedings regarding the clean energy transition, resource adequacy, capacity procurement, market mitigation regimes and related issues regarding the intersection of state and federal jurisdiction.

Norton Rose Fulbright US LLP

Representing a diverse client roster in the electric power space, Norton Rose Fulbright US LLP has extensive experience across a wide spectrum of regulatory matters, including at the federal and state level as well as in transactions and litigation. Houston-based Caileen Kateri Gamache is particularly active in advising on the financing of renewable energy projects and also handles offtake agreements, PPAs, and supply contracts. Washington DC’s Robert Shapiro is another key name who focuses on power hedging arrangements, project finance, and the regulatory requirements of power projects. Also based in DC is Joseph Williams, whose practice encompasses routinely representing clients before authorities such as FERC and the CFTC. The practice also welcomed energy regulatory, reliability, and project development attorney Debra Ann Palmer to its ranks in 2023.

Responsables de la pratique:

Caileen Kateri Gamache; Robert Shapiro; Joseph Williams


Autres avocats clés:

Debra Ann Palmer


Principaux dossiers


  • Represented the Coordinating Lead Arrangers and Joint Lead Arrangers in relation to the $5.6 bn senior term loan and senior working capital and letter of credit facilities financings for the Champion Hudson Power Express transmission line.

Van Ness Feldman LLP

With a broad electric power offering, Van Ness Feldman LLP routinely handles regulatory issues pertaining to large-scale transmission projects, interconnection matters, and wholesale market operations, among others. The firm also stands out for its hydropower capabilities, assisting clients with licensing and relicensing as well as representing them before authorities such as FERC and EPA. Joseph Nelson in Washington DC and Malcolm McLellan in Seattle jointly head the electric practice and are well versed in matters spanning the full spectrum of electric power issues, including enforcement actions and investigations. DC’s Mike Swiger, who acts as head of the firm’s hydropower practice, counts investor-owned utilities, municipal utilities, and independent power developers among his clients, for whom he handles both non-contentious and litigious matters. Douglas Smith, former General Counsel of FERC, is another key practitioner in the DC regulatory group.

Responsables de la pratique:

Joseph Nelson; Malcolm McLellan; Mike Swiger


Autres avocats clés:

Douglas Smith; Jenna Mandell-Rice


Les références

‘There are multiple resources within the firm to draw on. They are willing to strategize, not simply execute a work product. Good collaboration between the attorneys.’

‘Malcolm McLellan has been incredibly effective and willing to go the extra mile in his work. Doug Smith was very helpful and generous with his expertise.’

Principaux clients

Drax Group


Idaho Power Company


California Department of Water Resources


Confederated Salish & Kootenai Tribes


Energy Keepers, Inc.


New York Power Authority


Grid United


Avangrid Renewables


EDP Renewables NA, LLC


EDP Renewables NA Distributed Generation, LLC


ConnectGen LLC


Puget Sound Energy


Principaux dossiers


  • Advised Drax on federal energy and environmental regulation applicable to bioenergy projects with carbon capture and storage projects, as well as the existing wholesale and retail electricity markets in the target regions for BECCS facilities.
  • Advised Grid United on compliance with federal energy regulatory requirements, wholesale market operations, transmission planning, and interconnection matters and federal energy policy initiatives at the Department of Energy promoting high voltage transmission systems.
  • Serving as relicensing, regulatory, and compliance counsel to the California Department of Water Resources for the FERC-licensed hydroelectric components of the State Water Project.

Vinson & Elkins LLP

Vinson & Elkins LLP‘s energy regulatory practice handles transactions and enforcement proceedings alongside transmission projects and rate cases for a variety of clients, often appearing before the DOE, FERC, as well as the PUCT. Houston-based James Seegers and Suzanne Clevenger act as co-heads of the team and have extensive experience advising clients in the energy space. The practice expanded notably at the beginning of 2023 with the addition of a team from Gibson, Dunn & Crutcher LLP to the DC office, including FERC experts Jeffrey Jakubiak and William Sherman, with the latter completing the group’s trio of practice heads. John Decker is noted for his expertise in regulatory matters concerning both the electric power and natural gas sectors.

Responsables de la pratique:

James Seegers; William Scherman; Suzanne Clevenger


Autres avocats clés:

John Decker; Michael Tomsu; Jo Ann Biggs; Jaren Taylor; Jeffrey Jakubiak


Principaux clients

Versant Power


Dynasty Power Inc.


Archaea Energy, Inc.


Edison Electric Institute


Wells Fargo Central Pacific Holdings, Inc.


JPMorgan Capital Corporation


Vitol


Oncor Electric Delivery Company LLC


SoftBank


SB Energy


NorthWestern Corporation


Willkie Farr & Gallagher LLP

Willkie Farr & Gallagher LLP is praised for its ‘broad and deep experience in the entire energy space’, which the firm leverages to advise a wide range of clients active in the electric power sector, including generation and transmission clients, commodity traders, and utilities. Norman C. Bay, hailed by clients as ‘the strongest FERC lawyer in the country’, has a very active regulatory practice that spans enforcement and compliance as well as transactions and ratemaking, while Paul Pantano complements his know-how of the energy industry with expertise in commodities and derivatives law. All named attorneys are based in Washington DC.

Responsables de la pratique:

Norman C. Bay


Autres avocats clés:

Paul Pantano


Les références

‘The Willkie team has broad and deep experience in the entire energy space.’

‘Norman Bay is perhaps the strongest FERC lawyer in the country and leads an exceptional team, particularly in the enforcement space.’

‘WFG’s deep expertise with FERC regulations, practice, litigation, and applicable precedent set this practice apart. Their attorneys collaborate efficiently and professionally with our subject matter experts to produce top-quality legal product.’

Principaux clients

Citigroup Energy Inc.


EDF Trading North America


EDF Renewables


Futures Industry Association Inc.


Invenergy


Atlantic Shores Offshore Wind


Mitsui Busan Commodities Inc.


NextEra Energy Resources


RWE


United Power


Upstream Clean Energy


Vistra Corp


Wells Fargo Bank, NA


A&O Shearman

With a practice spanning advice on transactions, compliance, and FERC proceedings, A&O Shearman is regularly sought out for its regulatory expertise by a variety of clients, including IOUs, independent power developers, and end-users. Led by Daniel Sinaiko in Los Angeles and Dorina Yessios in New York, the practice also includes George Cannon, Jr. in Washington DC, who is praised as one of ‘the most technically proficient lawyers in the field’. Also based in DC is Porter Wiseman, whose experience encompasses appearing before FERC and state public utility commissions as well as advising on due diligence for transactions.

Responsables de la pratique:

Daniel Sinaiko; Dorina Yessios


Autres avocats clés:

George Cannon, Jr.; Porter Wiseman


Les références

‘A&O treats me as though I’m an extension of their team. I am made aware of the firm’s capabilities, and can speak with an expert in short order. George Cannon, in particular, is my favorite regulatory lawyer. He staffs engagements appropriately and is diffusive in regulatory hearings.’

‘The team is small and nimble, and is engaged in some of the highest-value, highest-profile matters in the industry.’

‘George Cannon, Jr., the lead partner, is among the most technically proficient lawyers in the field, and also consistently manifests reasonable judgment. This combination is rare.’

Principaux clients

Ørsted Onshore North America


NineDot Energy


U.S. Department of Energy


Marcus Hook Energy


Generate Capital, Inc.


Principaux dossiers


  • Advised NineDot Energy on a petition at FERC for certain waivers of various federal energy regulations that would otherwise be applicable to the commercial operation of certain grid-charged battery energy storage systems that participate in certain state energy incentive programs.
  • Advised Ørsted and its various renewable generation subsidiaries in connection with various ongoing regulatory issues before FERC, including obtaining market-based rate authorizations, ensuring compliance with FERC’s interlocking officer/director requirements, and other FERC regulatory requirements applicable to generation-owning public utilities.
  • Acted for Generate Capital in obtaining exemptions from federal energy regulation that are applicable to generating facilities that are otherwise exempt as “qualifying facilities” under the Public Utility Regulatory Policies Act.

Arnold & Porter

Arnold & Porter continues to handle a host of work in the electric power industry, ranging from administrative litigation before FERC to generation and transmission projects. The firm’s recent work includes disputes in the hydropower sector as well as developing and filing market reforms pertaining to the capacity market. Washington DC’s Sandra Rizzo represents clients before federal authorities and advises them on regulatory and compliance matters. Acting for clients in organized wholesale electric markets, Andrea Kearney stands out for her FERC expertise and is also well versed in the regulatory aspects of transactions and financings within the energy space.

Responsables de la pratique:

Sandra Rizzo


Autres avocats clés:

Andrea Kearney


Principaux clients

Vitol Inc.


Vitol PA Wind Marketing LLC


Vitol Solar I LLC


Vitol Wind I, LLC


SK ecoplant Co. Ltd.


Cypress Creek Renewables, LLC


Leeward Renewable Energy, LLC


MN8 Energy, LLC


Illinois Municipal Electric Agency


Global Lithium Energy Corporation


Lee County Generating Station


Samsung SDI


bp


The American Clean Power Association


RC Cape May Holdings, LLC


Duquesne Light Company


PPL Corporation


Rockland Capital


Principaux dossiers


  • Advised Vitol, which stands to receive a portion of the penalty revenues of the penalties imposed by PJM due to entities with capacity supply obligations failing to perform during Winter Storm Elliott in December 2022, based on its renewable portfolio’s net positive performance during the storm.
  • Advised Illinois Municipal Energy Agency on its attempt to receive guaranteed cost-based compensation for its Rush Island facility, the costs of which would be funded by IMEA and others in the region.
  • Advised Samsung SDI on a partnership with Stellantis N.V. to invest approximately $2.5bn and create 1,400 new jobs associated with an EV battery plant to be constructed in Kokomo, Indiana.

Dentons

Active on both a state and federal level, Dentons handles rate cases, transmission projects, and enforcement matters in addition to advising on the regulatory aspects of transactions in the energy space. Practice head Clinton Vince has a varied practice that includes appellate cases and project development for clients such as municipal utilities and transmission companies, while Emma Hand‘s advisory portfolio encompasses both regulatory and litigation matters. Regular appearances before FERC and state public utility commissions as well as compliance issues form part of Justin Mirabal‘s experience. All named attorneys are based in Washington DC.

Responsables de la pratique:

Clinton Vince


Autres avocats clés:

Emma Hand; Justin Mirabal


Principaux clients

City Council of the City of New Orleans


Rayburn Country Electric Cooperative


The Gridwise Alliance


Alternative Transmission Inc.


Renewable Energy Aggregators


Hylect LLC


The Power One Energy Company


Association of Edison Illuminating Companies


Public Utilities Regulatory Authority of Connecticut


Tri-State Generation & Transmission Association


Anterix


Capital Power


Principaux dossiers


  • Advised Alternative Transmission, Inc. on regulatory, transactional, policy and business judgment matters, including representation before FERC in regard to the proposed construction of an undersea cable that will transmit electricity from the US mainland to Puerto Rico.
  • Advised Rayburn Country Electric Cooperative on strategic, crisis management, dispute, regulatory/PUCT and securitization matters in connection with the Winter Storm Event in February 2021 and related ERCOT market meltdown, which resulted in at least a $16bn overcharge to market participants and customers across Texas.
  • Represented Tri-State Generation and Transmission, Inc. in a case about revising Tri-State’s membership rules in a way that would lead to the forfeiture of an exemption from federal jurisdiction, so that Tri-State could be regulated by FERC and not be multiple state PUCs.

Husch Blackwell LLP

Husch Blackwell LLP handles regulatory enforcement and compliance matters on behalf of clients such as utilities and generation companies and is often involved in matters pertaining to transmission and renewable energy projects. Chris Reeder, based in Austin, counts policy questions, rate cases, and transmission system access among his areas of expertise; he co-heads the practice with Washington DC’s Linda Walsh, who is regularly sought out by electric utilities to advise on FERC-proceedings and NERC reliability matters, among others. Also in DC, Richard Bonnifield assists clients with approvals, compliance audits, and the regulatory aspects of transactions.

Responsables de la pratique:

Chris Reeder; Linda Walsh


Autres avocats clés:

Richard Bonnifield


Les références

‘Husch Blackwell are extremely well versed in the regulations, policies and precedents of the Public Utility Commission of Texas (PUCT), and ERCOT. The expertise of the firm in these areas is exceptional.’

‘Chris Reeder is the partner I most frequently go to for sound and detailed advice on all things related to the PUCT and ERCOT. He is always fully informed about issues developing at the PUCT, and keeps me abreast of controversies brewing in regulatory channels.’

‘Linda Walsh is very practical, always available, works well to pre-agreed deadlines and had a lot of experience and common-sense. My experience with her has been excellent.’

Principaux clients

Calpine


Longroad


Ammper


Algonquin


Engie Resources


Adapture


Tenaska


Intersect Energy


Shell


Apex Clean Energy


Tesla


El Paso Electric Rate 41 Group


MN8 Energy


Broad Reach


Oncor Electric Delivery


Tarrant Regional Water District


NXP Semiconductors


Texas A&M University System


Jera


Jupiter Power


Swift Current


Cypress Creek


Onward


Declaration Energy


Lancium


Solar Proponent


Acciona


Ares Management


Copenhagen Infrastructure Partners


Montauk Renewables


SMT


Key Capture Energy


GridBeyond


Harrison Street


Principaux dossiers


Mayer Brown

Praised by clients as a ‘go-to firm in this area’, Mayer Brown‘s regulatory offering in the electric power space is often sought out in relation to the firm’s transactional capabilities, where it assists clients with the sale and purchase of assets such as generating projects and public utilities. The practice also handles FERC proceedings under the leadership of Mark Williams in Washington DC. Williams specializes in FERC-regulated M&A proceedings, which also form a key area of focus for DC-based Heather Feingold. Tray Smith left the firm in September 2023.

Responsables de la pratique:

Mark Williams


Autres avocats clés:

Heather Feingold


Les références

‘Mayer Brown’s electric regulatory practice is unique as it has one of the foremost practitioners in the space – in Mark Williams – and is well suited to providing clients with a level of sophistication to their deal and transactional support that not too many legal platforms currently offer.’

‘There are few firms I would place above Mayer Brown in providing regulatory transactional support for transactions and activities that require FERC approval. They are a go-to firm in this area.’

‘Mark Williams and his second-in-command, Heather Feingold, are the two individuals that make this practice tick. They are excellent to work with and they bring a level of experience to these issues that is often lacking at other firms.’

Principaux clients

Global Atlantic Financial & KKR & Co., Inc


Northern Star Generation


Ares Management Corporation


John Hancock Life Insurance and Manulife Infrastructure Fund II


CDPQ


MSD Capital


Diamond Generating Corporation


Oaktree Capital Management


Principaux dossiers


  • Acted for Global Atlantic and KKR in a cooperative filing process involving direct or indirect dispositions of affiliation of over 50 energy generating companies, as a component of KKR’s acquisition of voting control over Global Atlantic.
  • Advised Global Atlantic Financial Group/KKR on all aspects of the sale of interests in thirteen large generating projects in multiple US states to Onward/IIF, amounting to over 1,000 MW of gross installed capacity.
  • Advised KKR’s managed funds and investment vehicles on US energy regulatory matters arising in the acquisition of controlling interests in international infra business John Laing, with the transaction including multiple US generating facilities and regulated public utilities, and involving over two dozen regulatory filings and applications.

O'Melveny & Myers LLP

O'Melveny & Myers LLP is noted for its work relating to the Texas electricity market, where the firm often appears before state commissions such as PUCT alongside representing clients on the federal level. A trio of practice heads leads the team from the firm’s Austin office: Katie Coleman and Phillip Oldham regularly handle work surrounding transactions, regulatory issues and administrative litigation in the electric power space, while Ben Hallmark stands out for his expertise in a broad range of contentious matters. Also in Austin, Michael McMillin focuses on regulatory proceedings, including rate cases and transmission line certificates.

Responsables de la pratique:

Katie Coleman; Phillip Oldham; Ben Hallmark


Autres avocats clés:

Michael McMillin; Rex VanMiddlesworth


Principaux clients

Texas Industrial Energy Consumers


Founders Way


Soluna


Texas Association of Manufacturers


Satoshi


Lancium


Gerdau Long Steel North America


Occidental Petroleum


Pioneer Natural Resources Company


Principaux dossiers


  • Advised Occidental Petroleum on the transactional and regulatory development of Texas assets, including their Direct Air Capture project.
  • Acted for Pioneer Natural Resources Company in administrative litigation before the PUC regarding regulated rate and service issues; ongoing regulatory counseling for Texas operations.
  • Represented Texas Industrial Energy Consumers before the PUCT in contested rate proceedings, including base rate cases, merger/sale proceedings, interim rate updates, and fuel reconciliation controversies.

Orrick, Herrington & Sutcliffe LLP

Orrick, Herrington & Sutcliffe LLP fields a regulatory practice that is well versed in FERC-related matters and regularly advises on the development of compliance programs, represents clients in proceedings and disputes, and assists with the regulatory aspects of transactions. In Houston, Dahl Thompson and Blake Winburne serve as heads of the wider energy practice of the firm, while Washington DC-based Adam Wenner and Cory Lankford are key contacts for advice on the whole lifecycle of energy projects. San Francisco’s Patrick Ferguson counts matters in the renewable energy space among his areas of expertise and primarily handles generation, transmission, and storage projects.

Responsables de la pratique:

Dahl Thompson; Blake Winburne


Autres avocats clés:

Adam Wenner; Cory Lankford; Patrick Ferguson


Principaux clients

Broad Reach Power


TransWest Express LLC


Ranger Power


Recurrent Energy


GSQ


Excelsior Energy Capital


Elawan Wind


Intersect Power


Calpine


Vitol


Principaux dossiers


  • Advising TransWest on regulatory and commercial issues related to development of the 732-mile TransWest Express Transmission project.
  • Represented Broad Reach Power in response to an appeal to the U.S. Court of Appeals for the D.C. Circuit by the Edison Electric Institute and NorthWestern Energy, which sought to reverse a FERC decision granting PURPA qualifying facility status to the 160MW Broadview solar plus storage project in Montana.
  • Advised Calpine on the negotiation of wholesale energy and capacity marketing transactions in the Western US as well as on related regulatory and compliance matters involving the California Public Utilities Commission and the California Independent System Operator.