Energy regulation: conventional power in United States

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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 Pikiel. William 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.

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.

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.

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.

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.

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.

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.

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'.

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.