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.
Energy regulation: conventional power in United States
McGuireWoods LLP
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 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.
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