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Energy regulation: conventional power in United States

McGuireWoods LLP

Acting for an impressive and varied roster of clients, McGuireWoods LLP is active in a huge variety of administrative litigation and enforcement matters, rule and ratemaking procedures, and general advisory mandates. The team stands out in particular for its reputation among utilities clients, though it is also engaged by a number of major transmission companies, power generators and energy commodity trading companies. Managing partner Todd Mullins co-chairs the power sector practice and represents energy clients in proceedings involving the FERC, CFTC and other regulators. Noel Symons is a member of the energy strategic advisory board and also has a strong FERC caseload, with a varied client base including traditional electric and gas utilities and financial institutions. Also recommended is Julia English, who has broad expertise in regulatory and transactional matters. All named individuals are based in Washington DC.

Practice head(s):

Todd Mullins; Noel Symons

Other key lawyers:

Julia English

Key clients

Exelon Corporation

DATC Path 15, LLC

Cleco Corporation

Edison Electric Institute

Evergy

Black Hills Energy

Omaha Public Power District

Work highlights

  • Represented Exelon in a novel reliability-must-run (RMR) case to keep Exelon’s Mystic Generating Plant (Mystic), a uniquely situated facility adjacent to an affiliate-owned liquefied natural gas import terminal, operational to provide fuel security in ISO-New England.
  • Represented Cleco Power LLC (Cleco) in its filing before the Federal Energy Regulatory Commission (FERC) to recover fixed costs of a generation unit designated by the Midcontinent Independent System Operator, Inc. (MISO) as a System Support Resource (SSR).
  • Represented the Edison Electric Institute (EEI), Electric Power Supply Association (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 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.

Morgan, Lewis & Bockius LLP

Morgan, Lewis & Bockius LLP is 'extremely knowledgeable on the full range of FERC matters' and is recognized in part for its strength in nuclear energy. The practice group advises nuclear energy clients on second license renewals, advanced reactor licensing, decommissioning efforts, and potential regulatory disputes. It also has experience of M&A in the utilities sector, where it assists clients with federal and state regulatory authorizations. Kathryn Sutton heads the firm-wide energy practice and advises clients on regulatory matters across the entire life-cycle of commercial nuclear reactors. Stephen Spina represents electric utilities and other electric industry participants in matters before FERC, including market investigations and regulatory issues under the Federal Power Act. Another key figure in the team is William Kissinger in San Francisco. Named individuals are based in Washington DC unless stated otherwise.

Practice head(s):

Kathryn Sutton; Stephen Spina

Other key lawyers:

Mark Williams; Alex Polonsky; Brad Fagg; John Matthews; Tim Matthews; Tom Poindexter; Jane Accomando; Monica Schwebs; Joseph Lowell; Daniel Skees; William Kissinger

Testimonials

‘Morgan Lewis has a one stop shop for all FERC needs. They are the first (and usually only) team we turn to when we have a new FERC matter or problem involving our wholesale markets. I have been extremely satisfied with the quality of their work and the value that they provide. ’

‘Extremely knowledgeable on the full range of FERC matters, including formula rate expertise, FERC administrative litigation, enforcement, and transactional work.’

Key clients

Xcel Energy

AES Corporation

American Electric Power

Duke Energy

Energy Harbor

Entergy

Evergy

Exelon

National Grid

NextEra/Florida Power & Light

NorthWestern Energy

PacifiCorp

Pinnacle West Capital Corporation

Southern California Edison

TECO Energy

TerraPower

Westinghouse

Work highlights

  • Represented BP in its formation of a strategic partnership with Equinor to develop offshore wind projects in the US.
  • Prepared a formula rate filing for NorthWestern Energy that implements cost-based formula rates for network integration transmission service, point-to-point transmission service, and certain ancillary services under the open access transmission tariff.
  • Assisted Arizona Public Service Co., the operator of the Palo Verde Nuclear Generating Station outside of Phoenix, with evaluating potential threats to the company’s uranium fuel supply as a result of the Covid-19 public health emergency.

Steptoe & Johnson LLP

Steptoe & Johnson LLP has a sizeable electric practice that handles complex energy regulatory and antitrust-related issues for electric companies, both on an advisory basis and in the context of investigations and enforcement. Key areas of work include FERC enforcement proceedings, regulatory and transactional advice, litigation regarding rates for transmission. There are a number of market-leading names in the team, including Richard Roberts, who chairs the firm-wide energy group, and David Raskin, who recently acted for Eversource Energy in a series of FERC proceedings concerning the allowed rate of return on equity for transmission services. Also recommended are Jennifer Key and Daniel Mullen, the latter of whom represents clients in regulatory investigations into possible rule violations and related enforcement matters. The team also welcomed several new arrivals in 2020: in February, FERC enforcement and litigation specialist Donna Byrne joined the team from Skadden, Arps, Slate, Meagher & Flom LLP, and trial attorney John Perkins joined from McGuireWoods LLP; then in July, William Keyser joined from K&L Gates. All named partners are based in Washington DC.

Practice head(s):

Richard Roberts

Other key lawyers:

Daniel Mullen; Mark Johnson; David Raskin; Douglas Green; Steven Ross; Marc Spitzer; Jennifer Key; Donna Byrne; John Perkins; William Keyser; Charles Mills

Key clients

Southern California Edison

Entergy

Eversource Energy

American Electric Power

Exelon Corporation

Dominion Energy

Berkshire Hathaway Utilities (PacifiCorp/NV Energy)

Public Service Enterprise Group

Evergy

Tucson Electric Power

Work highlights

  • Representing a coalition of PJM Transmission Owners in various cutting-edge matters at FERC concerning transmission planning and cost responsibility.
  • Representing an association of New England ratepayers in prosecuting a jurisdictional challenge to the current rules regarding net metering of rooftop solar generation, which tests the boundary between state and federal jurisdiction over electric power.
  • Representing Eversource Energy in FERC Section 206 complaint proceedings involving the allowed rate of return on equity (ROE) for transmission services provided in New England; following successful argumentation, FERC overturned its prior methodology for determining whether an existing ROE is unjust and unreasonable.

Van Ness Feldman LLP

Van Ness Feldman LLP has a strong reputation in FERC cases, and is also noted for its strong transactional regulatory practice and its expertise in the area of hydropower. Douglas Smith and Mike Swiger jointly head the practice. Swiger and Julia Wood are recommended for matters in the hydropower sector, while Joseph Nelson is well known for project development work and FERC matters. Named partners are based in Washington DC.

Practice head(s):

Joseph Nelson; Mike Swiger

Other key lawyers:

Malcolm McLellan; Joseph Nelson

Baker Botts L.L.P.

Baker Botts L.L.P. has an experienced energy regulatory practice with lawyers across the country representing large multi-state utilities, private equity-backed generation and transmission portfolio companies, investors, and developers of renewable and energy storage assets. The team is routinely involved in conventional power regulation and litigation matters, and also has experience handling the regulatory aspects of corporate transactions and financings. Jay Ryan co-chairs the energy regulatory practice from Washington DC and has extensive experience advocating for clients before FERC and the Department of Energy. Houston-based practice co-chair James Barkley acts for electric utilities in agency proceedings and civil litigation, and also turns his hand to project development and operation and corporate transactions. In Washington DC, Emil Barth was promoted to partner in March 2021, and Michael Yuffee and Michael Loesch joined the team from Winston & Strawn LLP.

Practice head(s):

Jay Ryan; James Barkley

Other key lawyers:

Andrea Stover; Emil Barth; Michael Yuffee; Michael Loesch

Key clients

ITC Holdings Corp.

Exelon Corporation

CenterPoint Energy Houston Electric LLC

Transmission Developers, Inc.

ITC Lake Erie Connector LLC

Hull Street Energy

SmartestEnergy

Kindle Energy

Big Chino Valley

Repsol Energy North America Corporation

Talen Energy Corporation

Champlain VT LLC

CenterPoint Energy Inc.

Duquesne Light Company

Edison Electric Institute

Marubeni

Sharyland Utilities

Work highlights

  • Advising Transmission Developers Inc. on all federal regulatory, permitting, and market rule issues associated with the development of $3bn completely buried, 333-mile, cross-border HVDC electric transmission line that will bring renewable energy from Canada into New York City.
  • Advising ITC Holdings Corp., the largest independent transmission company operating in the US, on all federal regulatory issues associated with the development and operation of transmission assets in the Midwest, Southeast, and Northeast.
  • Advising CenterPoint Energy on complex federal and state regulatory issues that arise in connection with equity offerings and other actions taken by CenterPoint, recently including a $1.4bn equity investment by Elliott Management, Fidelity Management, and other investors.

Bracewell LLP

Bracewell LLP has a broadly experienced energy group with expertise in FERC and enforcement matters, as well as in trial and appellate litigation. The group also has a recognized renewable energy and infrastructure practice, which is noted for its involvement in offshore wind and electric transmission projects. Catherine McCarthy chairs the energy regulatory practice and has extensive experience advising owners and operators on policy matters, infrastructure projects and other transactional mandates. McCarthy is also recommended for FERC enforcement work, as is Stephen Hug and Austin-based Deanna King, who also has experience handling federal and state court litigation, and alternative dispute resolution. Another name to note is Michael Brooks, who focuses on on commodities and derivatives law. Paul Wight left the firm in May 2020 for a position at FERC. Named partners are based in Washington DC unless stated otherwise.

Practice head(s):

Catherine McCarthy

Other key lawyers:

Deanna King; Stephen Hug; Michael Brooks; David Perlman; David Poe; Cheryl Foley

Key clients

Equinor Wind (f/k/a Statoil Wind)

Central Maine Power Company (CMP)

Powerex Corp., a sovereign instrumentality of the Province of British Columbia

The United Illuminating Company (UI)

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

ENGIE North America Inc.

Xcel (Southwestern Public Service Company, Public Service Company of Colorado and Northern States Power)

Vistra Energy Corporation

Convergent Energy and Power

New England Power Generators Association

Work highlights

  • Advised Equinor Wind as outside project counsel on its flagship offshore wind projects in the US – Empire Wind and Boardwalk Wind – being developed offshore New York.
  • Advising Powerex Corp. as its US legal advisor on negotiations and proceedings to establish legal and regulatory frameworks for cross-border participation in two key new organized wholesale electricity markets in the Western US.
  • Advising Central Maine Power Company on FERC matters related to the New England Clean Energy Connect $950m transmission project.

Eversheds Sutherland

Eversheds Sutherland provides regulatory advice to key utilities, generation developers and transmission infrastructure developers in the US. The practice group has experience acting for electric utility clients before FERC and federal courts in competitive market design matters, rate cases, M&A-related issues, and a variety of other enforcement matters. In Washington DC, Joseph Hall  heads up the practice and acts for a wide range of clients from electric utilities and independent power producers, to power marketers and private equity firms; Catherine Krupka  is a contact for commodities trading and asset management companies; and Daniel Frank is rated for his experience dealing with the FERC, the North American Electric Reliability Corporation (NERC) and state public service commissions. Names to note in the Austin office include James Guy and Lino Mendiola.

Practice head(s):

Joseph Hall

Other key lawyers:

Catherine Krupka; Daniel Frank; James Guy; Lino Mendiola

Key clients

Pattern

ALLETE

ACE

Vistra Energy

Central Electric Power Cooperative

Work highlights

  • Advised Pattern Energy Group on regulatory issues related to the development of a $2bn wind farm (one of the largest in the world) and a $360m transmission line in New Mexico.
  • Advised ALLETE on a range of strategic regulatory issues concerning the implementation of its enhanced integrated resource plan and in its development and operation of a $1bn Great Northern Transmission Line project.
  • Advised Central Electric Power Cooperative as the State of South Carolina evaluates how best to address the financial uncertainty of the state-owned utility, South Carolina Public Service Authority, DBA Santee Cooper.

K&L Gates

K&L Gates has a sizeable and deeply experienced energy regulatory practice split between offices in Washington DC and Seattle. The practice acts as lead regulatory counsel for numerous utilities and developers in the acquisition of wind and solar projects. Energy storage is another area of focus, with the team having recently advised several energy storage developers on addressing changing market tariffs and rules. Washington DC-based Donald Kaplan is the key figure in the team; he represents electric utilities in cost allocation cases, tariff and rate proceedings, and other administrative litigation. The power department is jointly led by Elizabeth Crouse and David Hattery in Seattle, the latter of whom recently assisted a biogas project developer with regulatory issues associated with an electricity generation project. Elizabeth Thomas and Kari Vander Stoep are also recommended in the Seattle office.

Practice head(s):

David Hattery; Elizabeth Crouse

Other key lawyers:

Donald Kaplan; Elizabeth Thomas; Kari Vander Stoep

Key clients

PJM Transmission Owners

PPL Electric Utilities Corporation

Jerome Resources

King County, Washington

Oklahoma Gas & Electric Company

Work highlights

  • Assisted the PJM Interconnection (PJM) Transmission Owners with the development of a new methodology to establish its joint transmission rates for transmission service exiting the PJM Regional Transmission Organization known as the “Border Rate”.
  • Represented Jerome Resources in connection with regulatory barriers and opportunities around utilizing renewable natural gas to generate electricity that, through an approved pathway to electric vehicle charging stations, can be qualified for State of California Low Carbon Fuel Standards credits.

Latham & Watkins LLP

Latham & Watkins LLP has a particularly strong reputation for federal and state enforcement work, where it represents a broad client base consisting of the sector's leading utilities, generation and transmission owners. Highlights from 2020 have included market manipulation cases, tariff compliance, and a host of administrative litigation. Practice head David Schwartz has extensive experience in the electricity regulatory and FERC litigation space. Other key figures include Natasha Gianvecchio, who is recognized by clients and peers for her wide-ranging regulatory expertise, and Tyler Brown, a contact for matters involving electric generation, transmission and distribution, energy storage, and natural gas and oil transportation. All named individuals are based in Washington DC.

Practice head(s):

David Schwartz

Other key lawyers:

Natasha Gianvecchio; Tyler Brown; Michael Gergen

Testimonials

‘The Latham team is best in class FERC Regulatory, Enforcement Defense and Transaction team. They have detailed knowledge base about the industry, the regulatory environment and potential risks. This allows them to provide advice that is tailored to the client’s interest, and providing information and advice for the company to make informed and thoughtful decisions. On Enforcement they approach matters thoroughly, identifying potential strengths and weaknesses in a case, while defending the client strongly they also do not operate in a way that creates an unnecessary adversarial relationship with the regulator, which is critical for clients regularly before a regulator. Best of the best.’

‘Two individuals stand out, David Schwartz and Natasha Gianvecchio. Both Dave and Natasha have extensive experience, a great feel for the client’s risk profile, and an ability to effectively identify and communicate issues. We trust both completely, and rely on them for our major decisions.

One thing that really stands out is how the work with the client to identify the issue, identify possible risks and solutions, including those the client had not thought about, and then work diligently to accomplish that goal. The work product is fantastic.’

Key clients

Vistra Corp.

Invenergy

Energy Capital Partners and Symmetry Energy Solutions

Linden VFT, LLC, a subsidiary of GE Energy Financial Services

Avangrid, Inc.

Canada Pension Plan Investment Board and Riverstone Holdings LLC

Panda Power Funds

Iberdrola, S.A.

Anbaric Development Partners

Work highlights

  • Advised Avangrid on the acquisition of PNM Resources, via a reverse triangular merger.
  • Represents Vistra Corp. in opposition of Constellation Mystic’s complaint against ISO-NE seeking to force ISO-NE to file certain details of the implementation of its planning procedures.
  • Represented Canada Pension Plan Investment Board (CPPIB) in its take-private acquisition of Pattern Energy Group Inc. (Pattern), and represented Riverstone Holdings LLC (Riverstone) in a related transaction, whereby Pattern became a subsidiary of CPPIB and Riverstone vehicles.

McDermott Will & Emery LLP

McDermott Will & Emery LLP made its mark at the beginning of 2020 with the recruitment of four energy specialists from King & Spalding LLP: Neil Levy, David Tewksbury, Bruce Richardson and Stephanie Lim. Since its arrival, the team has been active in federal and state regulatory permitting, rate and rulemaking procedures, interconnection matters and other regulatory challenges, acting for an impressive client roster primarily composed of independent power producers, but also including transmission companies and various other energy-focused clients. In addition, the group advises on tax equity investing, and assists with regulatory approvals for M&A and asset sales in the sector. Levy and Tewksbury jointly lead the practice group. All named lawyers are based in Washington DC.

Practice head(s):

Neil Levy; David Tewksbury

Other key lawyers:

Bruce Richardson; Stephanie Lim

Testimonials

‘I work primarily with David Tewksbury, a partner in the energy regulatory practice. David is a pleasure to work with. David’s work is high quality and he is one in a relatively small group of energy regulatory lawyers whose work and analysis I know I can trust. His legal analysis and writing skills are top notch and thoughtful. He also makes himself available and is super reliable.’

Key clients

Advanced Power Services (NA) Inc. and certain of its subsidiaries

Apex Clean Energy, Inc.

Calpine and certain of its subsidiaries

Clearway Group and certain of its subsidiaries

Clearway Energy and certain of its subsidiaries

ConnectGen LLC

CPV and certain of its subsidiaries

Eastern Generation, LLC and certain of its subsidiaries (“Eastern Gen”)

Empire Generating Company, LLC

EPSA

Exelon Corporation and certain of its subsidiaries (“Exelon”)

GenOn and certain of its subsidiaries

Homer City Generation, L.P.

Hull Street Energy, LLC

J-POWER and certain of its subsidiaries and affiliates

Longview Power, LLC

LS Power and certain of its subsidiaries and affiliates

Marubeni Power International, Inc.

NEPGA

NextEra Energy Resources, LLC

NRG and certain of its subsidiaries

Pirlo Energy Holdings, LLC

P3

ReEnergy Holdings LLC and certain of its subsidiaries (“ReEnergy”)

Talen Energy Corporation and certain of its affiliates

Tenaska and certain of its subsidiar

Work highlights

  • Represented Calpine, CPV, Exelon, GenOn, J-POWER, LS Power, NRG, Talen and Tenaska in numerous FERC proceedings to obtain, defend, modify, or transfer reactive power service revenue requirements.
  • Representing various competitive suppliers and trade associations in FERC proceedings relating to the expansion of the Minimum Offer Price Rule to protect the PJM Interconnection capacity market from the price-suppressive impact of offers from subsidized resources.
  • Representing LS Power in a number of FERC issues, including those related to its acquisition of a 50% undivided interest in the Yards Creek Pumped Storage Station, a 420MW hydroelectric facility in New Jersey, from PSEG Fossil LLC.

Troutman Pepper

Troutman Pepper has broad expertise in the energy sector, with recent work covering generation and transmission rate regulatory proceedings, antitrust, M&A and corporate transactional work, and restructuring-related matters in the electricity market. The team acts for several well-known energy transmission and generation companies as well as major utilities companies. It is also recognized for its experience in the hydropower space, where it advises on FERC relicensing proceedings, license implementation and compliance, dam safety, and federal energy and hydropower policy initiatives. Washington DC-based Amie Colby is a contact for integrated utilities and transmission-related issues, while Brandon Marzo in Atlanta represent utilities clients before state regulatory commissions.

Practice head(s):

Amie Colby; Brandon Marzo

Key clients

PacifiCorp

Santee Cooper

Dominion Energy

Duke Energy

National Hydropower Association

City of Seattle

Ameren Corporation

NorthWestern Energy

WEC Energy Group

Southern Company

NiSource, Inc.

Wisconsin Electric Power Company (WEPCO)

Berkshire Hathaway Energy

Public Service Company of New Mexico

Portland General Electric

GridLiance

Work highlights

  • Representing CEI and CED in relation to the Pacific Gas and Electric Co bankruptcy and serving as one of the lead firms representing the interests of renewable energy suppliers to PG&E.
  • Served as appellate counsel to Dominion Energy on a controversial decision of FERC to allocate the costs of undergrounding certain high-voltage transmission lines.
  • Advise PacifiCorp on legal and strategic matters concerning the implementation of the Klamath Hydroelectric Settlement Agreement, which establishes a process for investigating financial, environmental and legal pathways for the decommissioning and removal of four dams on the Klamath River.

Vinson & Elkins LLP

Vinson & Elkins LLP has an active presence in the energy regulatory space, representing clients before a variety of federal, state and non-governmental agencies, including FERC, DOE, NERC and the Public Utility Commission of Texas (PUCT). Highlights from the past year have included transmission cases, asset transactions, administrative litigation and enforcement proceedings. The team also advises clients on obtaining grants and loan guarantees before the DOE, as well as on compliance with NERC's reliability standards. Anita Wilson and Houston-based James Seegers jointly head the practice. John Decker advises on both transactional and regulatory matters, and is noted in particular for his expertise in the natural gas and electric power industries. Dallas-based Jo Ann Biggs does an 'outstanding job' in state and federal regulatory matters, and Michael Tomsu ('an expert in the energy field') is a contact in Austin. Named partners are based in Washington DC unless stated otherwise.

Practice head(s):

James Seegers; Anita Wilson

Other key lawyers:

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

Testimonials

‘V&E is very strong regarding Federal and State regulatory rules, bodies, procedures. I would also add strengths regarding government approved regulatory bodies of NERC, Texas RE and ERCOT rules, procedures.’

‘Jo Ann Biggs (V&E) does an amazing job for her client. She has such experience and wisdom in our regulatory and compliance matters that she can jump on issues quickly and get to final work product in a very timely manner.’

‘The top energy firm out there – across all practice areas. None better.’

‘Mike Tomsu is really an expert in the energy field – especially in power generation.’

Key clients

Oncor Electric Delivery Company LLC (EFH)

Pattern Energy Group Holdings LP

Global Atlantic Financial Group

Global Infrastructure Partners

Leeward Renewable Energy, LLC

SoftBank and its affiliate SB Energy

AltaGas Ltd.

Goldman Sachs Renewable Power

Work highlights

  • Representing Oncor Electric Delivery in a series of litigated cases before the Public Utility Commission of Texas (PUCT) to obtain the right to construct nearly half-a-billion-dollars of transmission infrastructure in the Texas panhandle.
  • Advised affiliates of Global Atlantic Financial Group on the $1.18bn acquisition from Southern Power of a 33% minority interest in its solar portfolio.
  • Served as FERC counsel to AltaGas on three separate transactions involving electric generation projects.

Winston & Strawn LLP

Winston & Strawn LLP fields a very experienced team including a number of former FERC and CFTC officials, bringing varied industry expertise to the group and marking it out as strong performer in the electricity regulatory market. Key areas of work include FERC rate cases, negotiations with independent system operators (ISO) and regional transmission organizations (RTO), and transmission and distribution ratemaking procedures. The team is also able to provide seamless support on project development, M&A, tax, financing and trading, working in conjunction with experts from across the firm, both domestically and internationally. The energy regulatory practice is coordinated by a tiro of partners: Mike Blankenship in Houston, Richard Shutran and New York-based Mike PikielWilliam Horin specializes in nuclear energy regulation and has been singled out by a number of clients, as has San Francisco-based Lisa Cottle, 'a creative thinker' who is rated for her 'deep knowledge' and 'well-reasoned advice'. Named partners are based in Washington DC unless stated otherwise.

Practice head(s):

Richard Shutran; Mike Pikiel; Mike Blankenship

Other key lawyers:

Kimberly Ognisty; Ryan Norfolk; Michael Yuffee; Lisa Cottle; William Horin; Joe Karp

Testimonials

‘Winston & Strawn’s Energy Regulation practice is among the best in the country. I work across a number of different states, and we utilize Winston for energy regulatory matters in California. Their attorneys, and Lisa Cottle, in particular, have incredibly deep knowledge and provide well-reasoned and well-supported advice. They make my job as in-house counsel easier because they are sophisticated enough to think of legal questions from the client’s point of view.’

‘Lisa Cottle is a great attorney. She is incredibly responsive, a creative thinker, and very persistent in finding and developing the right answer.’

‘I chose to work with Winston & Strawn for two main reasons: – it is one of the very few US firm able to provide deep expertise in the field of energy regulation. – Besides, as the file was a strategic file scrutinized by the Board of Directors in France, it was also very important to have a strong and very reactive support in France and Winston & Strawn was also able to provide it ’

‘In the US, I had a single point of contact, Bill Horin from the Washington office. The issues at stake were very specific, close to first of a kind questions in the energy regulation field. Each time, Bill was able to provide a convincing analysis that highly contributed to the green light given by the board of directors to the project, which was very sensitive at different levels.’

‘What makes this practice unique is that very few lawyers in the world are experts in this area. I can say, that I am very pleased with the service that I have received and that I have no desire to seek out another law firm to handle this area for my company. I believe that in-house peers would like information, in addition to examples of matters that the team has worked on in the past, about the strategy that the team has developed and implemented to ensure that they stay up to date on all legal and commercial related matters. ’

‘I enjoy working with Bill Horin. He is extremely knowledgeable about the subject matter. More importantly, he is very easy to talk with about any issues I need assistance in handling. Even though I am not an expert in this area, he respects my opinions and makes me feel valued. He is also very responsive to all of my requests. For the foregoing reasons, Mr. Horin is a stand out attorney. ’

Key clients

Nuveen Investments

Macquarie Energy LLC

Calpine Corporation

Golden State Water Company

Horizon West Transmission, LLC

NextEra Energy Resources, LLC

Hartree Partners LP

Trans Bay Cable LLC

Ormat Nevada

Work highlights

  • Represent Horizon West Transmission, a transmission only public utility in California, in its application to the CPUC for a permit to construct the Estrella Substation, which will be a new 230kV substation built to meet reliability needs in California.
  • Advises Nuveen Investments on the regulatory and compliance requirements arising from its ownership of the convertible debt of FirstEnergy Solutions (now Energy Harbor), which emerged from bankruptcy in February 2020.
  • Advised Golden State Water Company on its request for CPUC approval to spin off its Bear Valley Electric Service (BVES) division into a stand-alone affiliate.

Arnold & Porter

Arnold & Porter represents a range of clients in administrative litigation before FERC, as well as in appeals and other matters before state and federal courts. In particular, the team is recognized for its experience in rate-making and market rule development cases. A key figure in the team is Sandra Rizzo, who advises clients on a variety of regulatory and compliance matters, including enforcement and administrative proceedings before FERC. Andrea Kearney is also recommended for FERC-related work; she has experience acting for power marketers, electric utilities and independent power producers. Brian Israel heads the environmental practice group. Named lawyers are based in Washington DC.

Practice head(s):

Sandra Rizzo; Brian Israel

Other key lawyers:

Andrea Kearney

Key clients

Vistra Energy

NRG Power Marketing LLC

Rockland Capital, LLC

RC Cape May Holdings, LLC

Pepco Holdings, Inc.

Peter Jones, Robert Jones and Jack Wells (Defendants in FERC Enforcement Case)

PPL Corporation

Duquesne Light Company

Tilton Energy, LLC

Work highlights

  • Served as leaders of the group of complainants in relation to a complaint against MISO regarding duplicative charges imposed by MISO and PJM.
  • Acted for NRG in relation to market rule changes filed by ISO-NE to accommodate energy security in the region.
  • Assisted Vistra with handling the cost-based rate reviews that FERC initiated against seven of its generation assets located in PJM and MISO.

Dentons

Dentons advises a number of government bodies and their electric and gas utility entities on a range of energy compliance and enforcement work. The firm has a strong FERC practice, advising clients on issues surrounding operations, rates, project developments, and agency rulemaking. Contacts in the team include Clinton Vince, who chairs the US energy practice and co-chairs the global energy sector group; and Emma Hand, a name to note for issues concerning energy efficiency, demand-side management programs, and smart cities initiatives. David McGimpsey and John Rhine joined the firm in Indiana from Bingham Greenebaum Doll LLP. The team also welcomed several other hires from Cohen & Grigsby, P.C.. Named individuals are based in Washington DC unless stated otherwise.

Practice head(s):

Clinton Vince; David McGimpsey; John Rhine

Other key lawyers:

Peter Thieman; Presley Reed; Karl Zobrist; Jennifer Morrissey; Emma Hand

Key clients

City Council of the City of New Orleans

Tri-State Generation & Transmission Association

New York Power Authority

Anterix

CPS Energy

Tenaska

Midcontinent Independent System Operator, Inc. (MISO)

Colorado Springs Utilities

MacQuarie Energy LLC

Evergy Missouri West

Work highlights

  • Advising NOLA City Council on all of its retail ratemaking matters with respect to its regulation of Entergy New Orleans, Inc (ENO); also representing the City Council before FERC in proceedings related to ENO that impact the Council’s constituents.
  • Assisting NYPA with federal energy regulatory and strategic advice in connection with FERC permitting requirements and considerations in the development, ownership and operation of certain interconnection and transmission facilities to deliver wind power to the NY grid.
  • Acted as federal energy regulatory, litigation and strategic counsel for Tri-State in all aspects of its transition to becoming a regulated public utility subject to the jurisdiction of FERC.

Gibson, Dunn & Crutcher LLP

Gibson, Dunn & Crutcher LLP has a strong reputation in FERC enforcement and litigation work, and has also handled proceedings before various state regulators. Key areas of focus include transmission, power project developments and energy-battery storage projects. William Scherman heads the practice and William Holloway is also recommended. Both Scherman and Holloway are based in Washington DC.

Practice head(s):

William Scherman

Other key lawyers:

Jeffrey Jakubiak; Janine Durand; William Holloway

Greenberg Traurig LLP

Greenberg Traurig LLP has experience in all segments of the power industry, covering generation, storage and distributed resources, transmission, and trading. Highlights from the past year have seen the team acting for major domestic and international energy companies in rate and rulemaking proceedings, as well as transmission and interconnection cases before FERC and various state regulators. William Garner in Houston and Kenneth Minesinger in Washington DC co-chair the energy and natural resources group. Gregory Lawrence splits his time between Boston and Washington DC, and has a strong background in market manipulation issues, fraud enforcement investigations and regulatory compliance work.

Practice head(s):

William Garner; Kenneth Minesinger

Other key lawyers:

Doreen Saia; Rabeha Kamaluddin; Gregory Lawrence; John DeTore

Key clients

Roscommon Analytics d/b/a Apogee Energy Trading (Apogee)

Enerwise Global Technologies d/b/a CPower

FirstEnergy Service Company

Shell Energy North America (US)

Entergy Corporation

NextEra Energy Resources

Helix Ravenswood and Eastern Generation

Northeast Clean Energy Council (NECEC)

NextSun Energy

Exelon

Central Valley Natural Gas Storage

Work highlights

  • Developed and filed successful opposition to PJM Interconnection’s request to FERC to waive its default rules regarding the $250m GreenHat Energy financial transmission rights FTR portfolio extensive financial default.
  • Represented FirstEnergy Service Company before FERC in a number of matters, including the development of the capacity pay-for-performance mechanism, the capacity repricing mechanism and fast-start pricing rules.
  • Represented NECEC in a generic proceeding addressing all major issues associated with the interconnection of solar PV to the utility grid.

Hogan Lovells US LLP

Hogan Lovells US LLP is well known for its FERC practice, which acts for a number of electric utilities and other market participants. Daniel Stenger has a strong background in nuclear energy and represents clients before the NRC and DOE. Senior counsels Mary Anne Sullivan and John Lilyestrom are also noted. All named individuals are based in Washington DC.

Hunton Andrews Kurth LLP

Rated for its 'deep knowledge and understanding' of the industry, Hunton Andrews Kurth LLP advises on a wide range of issues involving FERC, and also provides regulatory advice on corporate and commercial transactions in the energy sector. The group also has experience representing clients before various state agencies, including PUCT, the Railroad Commission of Texas, and the Virginia State Corporation Commission. Jeffrey Schroeder heads up the energy and infrastructure team from Washington DC, while Myles Reynolds in Dallas heads the energy regulatory department and acts for a number of prominent electric utilities utilities and midstream companies. Also recommended in Dallas is Tab Urbantke, who acted for Oncor Electric Delivery Company in a number of contentious and non-contentious matters over the review period.

Practice head(s):

Jeff Schroeder; Myles Reynolds

Other key lawyers:

Tab Urbantke; Kevin Jones; Eric Murdock; Pete Johnson

Testimonials

‘I have worked with Hunton my entire career, first as an associate then as client once I moved in-house. Hunton’s understanding of the utility industry is unparalleled. Their lawyers know about our quirks, and how important institutional knowledge and relationships are. Successful representation of electric utilities needs a deep understanding of how we operate and are regulated, and that is in the bloodline of Hunton. ’

‘I primarily work with Tim Biller and Jamie Ritter, who are indispensable to me. I rely on their knowledge, their creativity, and their diligence. Sandy Collins is an incredible litigator and her ability to quickly become enveloped and fluent in the most arcane areas of utility law makes her a very unique lawyer. Bob Rolfe has been a passionate, honest, and skilled appellate lawyer for us for years.’

‘Deep knowledge and understanding of the Texas Public Utility Commission regulatory landscape.’

‘They have strong relationships with the regulatory body in Texas and other players in the industry that is invaluable when navigating various issues we face.’

‘The Hunton AK regulatory team has an extraordinarily deep understanding of our company and the regulatory construct under which we operate. With this understanding, they are able to efficiently assess a given issue without the need to spend time getting “up to speed” on the business, issues, or personnel involved. They act as members of our team, and I think that both our company and their team view each other as such.’

‘Partners Myles Reynolds and Tab Urbantke and Associate Lauren Freeland are stars. They just get it – they are always responsive, willing to jump in to tackle pressing issues, work extremely well with (and have the respect of) our management team, and work cooperatively with our company’s regulatory stakeholders.’

Key clients

Appalachian Power Company

Cross Texas Transmission, LLC

New York Independent System Operator

Oncor Electric Delivery Company LLC

Potomac Electric Power Company

Vistra Corp.

Work highlights

  • Representing Oncor Electric Delivery Company in its contested base-rate case to be filed in 2021.
  • Representing Appalachian Power Company in regulatory matters in Virginia, including its triennial rate case filing with the State Corporation Commission.
  • Advising NYISO on various state and federal proceedings regarding resource adequacy, capacity procurement, market mitigation regimes, and related issues regarding the intersection of state and federal jurisdiction.

Jones Day

Jones Day acts for a huge variety of clients involved in the energy sector, from electric utilities, independent merchant generators, and competitive transmission entities, to renewable energy developers, institutional investors, and energy trading companies. Key areas of work include compliance and regulatory counseling, and enforcement and litigation before FERC, state regulatory commissions, and various other state and federal agencies, covering issues arising from energy project development and operations. Contacts in the team include practice head Jeffrey Schlegel in Houston and David Applebaum, who is recommended for FERC enforcement and compliance. Serena Rwejuna is recognized as a standout associate in the team.

Practice head(s):

Jeffrey Schlegel

Other key lawyers:

Kenneth Driver; David Connelly; David Applebaum; James Beh

Testimonials

‘Ken Driver on the Jones Day team can handle cost-of-service rate work and in that respect, he does more heavy lifting than many energy regulatory lawyers around time. Serena Rwejuna is a star. She is particularly good at energy regulatory work that has a corporate overlay – work related to financings, for example. ’

‘Serena Rwejuna can do heavy lifting on corporate transaction related issues and Ken Drive on regulatory. She has a masters in business and really shines on heavy duty corporate related work. When she worked with me, she helped us with difficult dividend issues, accounting and Board of Director and Officer issues too. She pays a lot of attention to detail and that is very much appreciated.’

Key clients

American Electric Power Service Corporation

Dominion Energy South Carolina, Inc. (formerly South Carolina Electric & Gas Company).

GenOn Holdings, Inc.

Institutional Equity Investors in PG&E

Invenergy Renewables

Ørsted US Trading LLC

Southwestern Public Service

Xcel Energy Inc.

Work highlights

  • Represented institutional investors, which own a substantial portion of the outstanding common equity of Pacific Gas & Electric Corporation, in a series of regulatory proceedings concerning the company’s business and financial risks, cost of capital, and other legal and regulatory matters concerning PG&E’s restructuring.
  • Represents GenOn Holdings, Inc., a large, independent merchant generation company, in a series of regulatory proceedings in California concerning a three-year extension of the operating permits for GenOn’s Ormond Beach generating station, needed to ensure the reliable operation of the electric grid in southern California.
  • Represents American Electric Power, one of the largest integrated utility companies, in ongoing proceedings at FERC concerning the 2000-2001 California energy crisis intended to resolve almost 20 years of litigation over the event, in which a confluence of market and regulatory factors contributed to a limited supply and high prices for electricity in California and the western US.

Kirkland & Ellis LLP

Acting for private investors and financiers, power generators, industry groups and utilities, Kirkland & Ellis LLP is very experienced in handling regulatory permitting and compliance matters relating to debt and equity financing, M&A and bankruptcy matters. In this regard, the team is often acting in conjunction with colleagues in other of the firm's market-leading practice groups. In addition to transactional work, the group is also involved in FERC enforcement matters. Contacts in Washington DC include Brooksany Barrowes and Robert Fleishman, who has been singled out by clients as an 'intellectual and legal powerhouse'.

Practice head(s):

Brooksany Barrowes; Robert Fleishman

Testimonials

‘Our company and I had the most positive experience working with Kirkland & Ellis LLP and Robert Fleishman, our lead attorney at the firm on the energy regulatory and compliance matters. Robert is an example of what a really good attorney should be. He is always responsive and on top of issues, tasks, and timeline. Robert is not only able to understand and then explain in a clear and precise language complex technical concepts we deal with in our engagement, but he is also able to shed a new light on the technical and procedural matters we have at hand. Robert has consistently demonstrated very high ethical standards in his interaction with us and he puts interests of a client above his own.’

Key clients

Apple Energy

KKR

GSO Capital Partners LP

Vistra Energy Corporation

Calpine Corporation

ETRACOM

Special Committee of the Board of Directors of Terra Form Power, Inc.

Kindle Energy LLC

Longview Power LLC

TRC Companies, Inc.

Cypress Creek Renewables

MUFG Union Bank, N.A.

Electric Reliability Council of Texas, Inc. (ERCOT)

Talen Energy

Ohio Valley Electric Corporation

Advancing Contracting in Energy Storage (ACES) Working Group

Norton Rose Fulbright US LLP

Norton Rose Fulbright US LLP has a particularly strong presence in the renewable energy space and is praised its 'leading industry info and insights'. In addition to alternative power and renewables, the team also has expertise in gas-fired power projects, advising clients on corporate PPAs, financial products and energy storage matters. On the contentious side, the group represents clients before FERC, NERC, state regulatory agencies, RTOs and ISOs. Names to note include Keith Martin and New York-based Benjamin Koenigsberg, who jointly head the projects group. Caileen Kateri Gamache is a contact for matters in the wind and solar space, and Joseph Williams has broad expertise in compliance and enforcement matters involving FERC and the CFTC. Senior associate Anna Biegelsen is a rising star in the team. All named individuals are based in Washington DC unless stated otherwise.

Practice head(s):

Keith Martin; Ben Koenigsberg

Other key lawyers:

Bob Comer; Jonathan Franklin; Joseph Williams; Bob Shapiro; Becky Diffen; Anna Biegelsen; Caileen Kateri Gamache

Testimonials

‘Keith Martin and his team are great. Always available with leading industry info and insights and a superb ability to cut through the issues and focus on the key matters with resolutions that lead to getting deals closed efficiently and quickly. ’

‘Keith Martin. See above. He’s a tax super star with an ability to “dummy” things now for people like me and he knows all areas in Project Finance (which is unique for a tax star).’

Key clients

Cleco Corporate Holdings LLC

Enel Green Power

GS EPS

American Infrastructure Funds

Ullico

Hannon Armstrong

Starwood Energy Group

Origis Energy

GE Energy Financial Services

Macquarie

Work highlights

  • Represented MUFG Union Bank, N.A. in the construction and term financing, including regulatory aspects, of the 336MW gas-fired Topaz Generating Station in Galveston, Texas.
  • Advising the multiple interstate and intrastate gas pipelines of American Midstream on energy regulatory matters including day to day compliance with FERC’s rules, regulations and policies and their FERC-approved tariffs.
  • Acted for a lender in relation to the financing, including regulatory aspects, of a portfolio of operating distributed generation projects in Los Angeles and San Diego counties, California.

Paul Hastings LLP

Paul Hastings LLP has deep expertise in regulatory issues associated with the development and financing of natural gas generation projects, and renewables projects covering wind and solar, among others. The team is also noted for its record in FERC litigation, an area where practice head William DeGrandis is a key contact. Based in Washington DC, DeGrandis is particularly active in transmission and interconnection cases, and also has experience of energy storage matters and project development. Peter Weiner in San Francisco leads the California energy team. Senior associate Jenna McGrath (also in DC) is recommended on the more junior end of the practice group.

Practice head(s):

William DeGrandis

Other key lawyers:

Michael Spafford; Peter Weiner; Jenna McGrath

Testimonials

‘The practice is heavily focused in energy and electricity policy, and as such the partners and associates have very strong networks with regulators, other counsel, and other industry players. This has proven invaluable as a way to understand potential positioning during negotiation / settlement, and affords our company some credibility when they are representing us.’

‘Bill DeGrandis is the partner we work with most frequently. He is the one that brings a lot of the strong network and connection noted above. Jenna McGrath is an associate we work with frequently. She is very strong at grasping technical concepts that relate to the legal / regulatory work, which is very helpful. And she is good at distilling complex issues for communication to non-regulatory experts.’

Key clients

Leeward Renewable Energy

GlidePath

Midland Power Cooperative

Yahoo! Energy

Olympus Power Company LLC

Acciona Energy North America

First Solar, Recurrent Energy, Intersect Power

Community Microgrid Clients

Georgia Transmission Corporation (GTC)

GridLiance

Corn Belt Power Cooperative, NIPCO

CoreSite

LS Power

Cross Sound Cable Company, LLC

8minute Solar Energy

Work highlights

  • Represents Leeward Renewable Energy in a variety of FERC interconnection and transmission matters.
  • Represents Glidepath, a start-up energy storage company, in relation to regulatory issues of first impression involving both state and FERC regulatory matters relating to interconnection and transmission.
  • Defending Midland Power Cooperative in actions raised before FERC and federal district court concerning obligations under the Public Utilities Regulatory Policies Act.

Reed Smith LLP

Reed Smith LLP routinely acts for utilities companies and energy developers in their engagements with federal and state regulatory authorities. Over the review period, the group has been busy assisting utilities with state regulatory matters affecting the sector as a result of the Covid-19 pandemic; these include disconnection issues and collection of bad debt. The team also represents clients in rate cases. Colette Honorable is a 'trusted advisor' to many of the firm's largest utilities clients.

Practice head(s):

Stan Perry; Nicolle Bagnell

Other key lawyers:

Patricia Dondanville; Collette Honorable; Regina Speed-Bost

Testimonials

‘Any big law firm is capable of handling our legal needs. When choosing firms to hire, we often ask how the firm’s connections can help us in other areas, e.g. business development and introductions to firm clients. Reed Smith attorneys take this extra step in helping us in all aspects of our business health.’

‘Colette Honorable has been a trusted counselor for many years. She freely shares her vast knowledge of the energy regulatory arena as well as her contacts within the industry to help us grow our business.’

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden, Arps, Slate, Meagher & Flom LLP handles regulatory matters for power generators and publicly owned power systems, investors, electric utilities and various other market participants. The firm's regulatory lawyers represent clients in FERC enforcement matters and administrative litigation, and also provide support to the firm's busy transactional practice. John Estes is a very well-respected name in the market, as is of counsel Mike Naeve; both of whom have extensive experience in FERC enforcement proceedings.

Practice head(s):

Lance Brasher

Other key lawyers:

John Estes; Will Barksdale; Mike Naeve; Niqui Kohli