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Firms To Watch: Energy litigation: electric power

O'Melveny & Myers LLP’s energy litigation group, which is led from Austin by Katie Coleman, Phillip Oldham, and Benjamin Hallmark, significantly strengthened its commercial litigation offering with the hire of trial lawyers Travis Sales and John Anaipakos from Baker Botts L.L.P. in August 2023 for the firm’s Houston office. Both are well-versed in arbitration proceedings, with Anaipakos being additionally noted for representing clients before administrative tribunals.

Energy litigation: electric power in United States

Steptoe LLP

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.

Practice head(s):

Daniel Mullen; Richard Roberts


Other key lawyers:

Doug Green; Karen Bruni; David Raskin


Key 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


Work highlights


  • 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.

Practice head(s):

William Kroger; Louis Layrisson


Other key lawyers:

Megan Berge; George Fibbe; Kevin Jacobs;  Tina Nguyen; Matthew Sheridan; Anthony Lucisano


Testimonials

‘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.’

 

Key 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


Work highlights


  • 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.

Practice head(s):

Stephen Crain; Deanna E. King


Other key lawyers:

Bradley Benoit; Catherine McCarthy; Michael Brooks; Tyler S. Johnson


Key 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


Work highlights


  • 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.

Practice head(s):

Todd Mullins; Noel Symons


Other key lawyers:

Julia English; Katlyn Farrell; Bernard McNamee


Key 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


Work highlights


  • 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.

Practice head(s):

Clinton Vince


Other key lawyers:

Emma Hand; Peter Thieman; Carl Steen; Justin Mirabel


Testimonials

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.

Practice head(s):

William Holloway


Other key lawyers:

Janine Durand


Key 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.

Practice head(s):

Leslie Thorne; Ben Mesches


Other key lawyers:

Andrew Guthrie; Ryan Pitts


Key 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.

Practice head(s):

John Crossley; Kimberly Frank


Other key lawyers:

Donald Kaplan; Ruta Skucas; Nathan Howe; Theodore Paradise


Testimonials

‘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. ’

 

Key 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.


Practice head(s):

Brad Fagg; Michelle Pector


Other key lawyers:

Jared Wilkerson; Elise Attridge; Veronica Lew; Heidi Rasmussen; James J. Dragna; John McGahren


Key clients

Spark Energy


National Gas & Electricity


Centrus Energy


Vistra Energy


Xcel Energy


Honolulu Board of Water Supply


Growth Energy


Franklin Electric Co. Inc.


Work highlights


  • 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.

Practice head(s):

Brandon Marzo; Amie Colby; Christopher Jones


Other key lawyers:

Charles Sensiba; Steve Boughton


Key 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