Firms To Watch: Energy regulation: electric power

O’Melveny & Myers LLP opened its Austin office in June 2021 – it is led by Katie Coleman and Philip Oldman (both previously at Thompson & Knight); the group has expertise in the Texas electricity market and assists a wide range of businesses in developing new industrial facilities, buying and selling energy assets, structuring energy supply agreements, and managing costs.
Founded in 2021 by managing partner Jessica Friedman, Vincenzo Franco, Margaret Claybour and Julia Scarpino Wood, Washington DC-based Rock Creek Energy Group LLP has significant expertise in renewables, energy storage, conventional generation and hydropower; the founders (formerly at Van Ness Feldman LLP) utilize their experience to advise energy clients on all federal regulatory issues.
Based in Washington DC, Thompson Coburn LLP represents utility and non-utility parties before federal and state regulatory commissions and courts, including FERC. Jesse Halpern and Meg McNaul are key contacts; the former focuses her practice on electric transmission issues including cost-of-service rates, interconnection matters and RTO issues, while the latter concentrates on energy market policy and design, and transmission access and rates.

Energy regulation: electric power in United States

McGuireWoods LLP

McGuireWoods LLP has a strong track record in energy enforcement and representing clients in major FERC cases before the federal court. The group is particularly active in the transmission segment, handling the allocation of costs for transmission facilities and designing a new form of transmission financing. Managing partner Todd Mullins has extensive experience in enforcement and compliance issues involving the FERC, CFTC and other regulators, while Noel Symons primarily represents electricity and gas utilities, advising on audits and investigations. Julia English is another key figure whose practice focuses on regulatory and transactional matters; she also has experience before the US Department of Energy. All named lawyers are based in Washington DC.

Practice head(s):

Todd Mullins; Noel Symons

Other key lawyers:

Julia English

Work highlights

  • Represented Exelon in a reliability-must-run case to keep Exelon’s Mystic Generating Plant – a uniquely situated facility adjacent to an affiliate-owned LNG gas import terminal – operational, so as to provide fuel security in ISO-New England.
  • Advising Southeast Energy Market Members on its new platform, the first regional energy market construct in the Southeastern United States which will match participants with low-cost energy to serve customers across a wide geographic area.
  • Representing the Edison Electric Institute, Electric Power Supply Association and Energy Trading Institute in an amicus brief in support of the statute of limitations arguments made by Vitol, and in opposition to arguments made by FERC in a case in which the regulator requested over $2.7m worth of penalties and disgorgement, and fined one of Vitol’s employees $1m, after concluding its trading activity manipulated California’s electricity markets.

Steptoe & Johnson LLP

Steptoe & Johnson LLP handles the full spectrum of litigation, enforcement and anti-trust matters for electric companies facing regulatory challenges and investigations. The group is well known for representing a stellar client base consisting of major US electricity utility systems before FERC and in federal courts. Practice co-chair Richard Roberts has extensive litigation experience, with high success rates before multiple circuits of the US Courts of Appeals. Daniel Mullen jointly leads the practice and advises clients on energy and commodities enforcement matters, government investigations and the development of energy regulatory compliance programs. David Raskin is recommended for his expertise in ROE cases; and Donna Byrne handles investigations involving alleged market manipulation and violations of reliability standards. William Keyser‘s practice includes integrating new technology into clients’ portfolios and the application of new market rules to existing operations. All named lawyers are based in Washington DC.

Practice head(s):

Richard Roberts; Daniel Mullen

Other key lawyers:

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 (SCE)

Entergy

Eversource Energy

American Electric Power

Dominion Energy

Berkshire Hathaway Utilities (PacifiCorp/NV Energy)

Public Service Electric & Gas Company

Evergy

Exelon

PPL Corporation

Work highlights

  • Defending PacifiCorp, a large utility in the US northwest, in a longstanding FERC investigation into alleged NERC reliability violations and in which the regulator is seeking unprecedented penalties.
  • Representing a coalition of PJM Transmission Owners with regard to various cutting-edge matters at FERC, concerning transmission planning and cost responsibility.
  • Representing Tipmont in litigation at FERC to establish the amount of the exit fee Tipmont must pay to the Wabash Generation & Transmission Cooperative to terminate its 50-year, full-requirements contract and exit membership from Wabash.

Troutman Pepper

Troutman Pepper's energy group handles major issues for the nation’s investor-owned utility sector and developers of transmission and generation infrastructure. It has particular experience representing clients before state public-service commissions in all types of proceeding, including litigation rate cases. The team also regularly advises on interconnection issues, M&A, and antitrust and competition issues, among others. Hydropower regulation is another key area of expertise for the group, advising on dam safety and policy initiatives. In Washington DC, practice co-head Amie Colby specializes in vertically-integrated utilities and transmission-related issues; fellow co-head Brandon Marzo, in Atlanta, has expertise in the certification of new generation capacity, including new nuclear generation. Washington DC-based Christopher Jones is the practice's third co-head and focuses his work on energy markets.

Practice head(s):

Amie Colby; Brandon Marzo; Christopher Jones

Other key lawyers:

Charles Sensiba

Key clients

PacifiCorp

NV Energy

Dominion Energy

Duke Energy

American Electric Power

Public Service Company of New Mexico

Ameren Corporation

NorthWestern Energy

WEC Energy Group

Tucson Electric Power Company

NiSource, Inc.

Wisconsin Electric Power Company (WEPCO)

Berkshire Hathaway Energy

Consolidated Edison Development

Portland General Electric

GridLiance

Baker Botts L.L.P.

The team at Baker Botts L.L.P.  has ‘deep expertise in energy issues’ and represents major players in the industry including multi-state utilities, private equity-backed generation and transmission portfolio companies, investors and developers of renewable and energy storage assets. The firm handles a unique caseload, assisting clients with hydroelectric licensing and compliance matters before FERC and regulatory issues exclusive to ERCOT. Based in Washington DC, practice co-head Jay Ryan advises on project development and energy regulatory before the DOE; fellow co-head James Barkley , in Houston, advises clients across the natural resources sector. Michael Yuffee is the name-to-note for expertise on wholesale energy markets, and Emil Barth focuses on transmission and reactive rate proceedings. The latter pair are both based in Washington DC.

Practice head(s):

Jay Ryan; James Barkley

Other key lawyers:

Andrea Stover; Emil Barth; Michael Yuffee; Michael Loesch; Ryan Norfolk; Allie Hemmings

Testimonials

The team is extremely responsive and happy to take on any challenge you can think of to throw at them. They are prompt, thorough and conduct exhaustive research informed by their deep expertise in energy issues.’

I have had the opportunity to work closely with  Emil Barth – an impressively deep knowledge of legal theory, especially as it relates to the energy sector.’

Key clients

Avangrid Renewables

Calpine Corporation

CenterPoint Energy

EDP Renewables

Exelon Corporation

Hecate Energy

Hollow Road Solar

ITC Holdings

Kindle Energy

Marubeni

NRG Energy

Nuveen Investments

Repsol Energy North America

Seminole Electric Cooperative

Smoky Mountain Transmission

Taylor Biomass

Transmission Developers

Work highlights

  • Advised ITC Holdings on FERC’s transmission rate incentive policies, open access transmission tariff rules and amendments, Regional Transmission Organization market rules, the development of new transmission facilities, provision of ancillary services, compliance with reliability standards, regulatory due diligence and opinions for financings, and audits conducted by FERC’s Office of Enforcement.
  • Ongoing advisory to CenterPoint Energy regarding complex federal and state regulatory issues that arise in connection with equity offerings and other transactions undertaken by the company.
  • Representing both NRG and Avangrid in proceedings at the Public Utility Commission of Texas to provide relief to market participants related to: $800m in unpaid fees to Texas’ Eectricity Reliability Council (ERCOT), for power procured during winter storm Uri; and $2.1bn in relief for load-serving entities which endured extraordinarily high charges when ERCOT had to procure certain electric power products (called “ancillary services”), at record-breaking prices.

Bracewell LLP

Bracewell LLP has a particularly strong FERC practice and also represents clients before federal appellate and district courts. The group has significant FERC litigation experience, handling multi-party contested proceedings concerning issues such as market design and transmission, and Return-on-Equity disputes, as well as day-to-day counselling. The team works closely with its Policy Resolution group to advise on major renewable energy infrastructure projects, such as offshore wind and electricity transmission. Catherine McCarthy  heads the practice and handles the full range of issues, including centralized markets. The arrival of Rachael Marsh from the FERC in July 2021 has further bolstered the group’s offering, and comes in addition to the arrivals of Anne M. Termine and Theodore Duver from Covington & Burling LLP and Loeb, Block & Partners LLP, respectively. Michael Brooks  and Stephen Hug are also recommended. All lawyers are based in Washington DC, apart from Duver who is based in New York.

Practice head(s):

Catherine McCarthy

Other key lawyers:

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

Testimonials

Bracewell is a superb firm, with excellent energy regulatory expertise and support on transactional work.’

The team is well coordinated, collegial and easy to work with. Very high levels of sophistication, work exceptionally well on comment letters and regulatory policy.’

Good understanding of business risks, and assessing ways to find value through all projects.’

Steve Hug is a tremendous regulatory attorney, with great experience and knowledge. Very intelligent and easygoing. His contributions are always meaningful and drive value.’

Key clients

Equinor Wind (formerly: Statoil Wind)

Powerex Corp. (a sovereign instrumentality of the Province of British Columbia)

Tenaska Clear Creek Wind

Covanta Holding Corporation

Engie North America

Convergent Energy and Power

Central Maine Power Company (CMP)

The United Illuminating Company (UI)

Avangrid Networks

Evergy

Rockland Capital

Work highlights

  • Advising gloabl energy company Equinor Wind on its flagship offshore wind projects in the United States — “Empire Wind” and “Boardwalk Wind”.
  • Advising Covanta Holding Corporation on energy regulatory and FERC matters related to its $5.3bn sale to Swedish infrastructure fund EQT Infrastructure.
  • Representing Shell in certain Western energy markets cases involving long-term contracts that continue to be heavily litigated before FERC.

Eversheds Sutherland

Eversheds Sutherland is well known for its expertise in energy commodities and energy trading. The team advises clients on the development of compliance manuals as well as non-public and public investigations and enforcement proceedings. It also has extensive litigation experience before FERC and federal courts on matters involving decarbonization, competitive market design and ESG goals, among others. In Washington DC, practice head Joseph Hall advises on a range of issues, including onshore and offshore infrastructure financing and development, rate cases and issues relating to the Public Utility Regulatory Policies Act 1978. Co-head of global energy, Lino Mendiola (in Austin), represents clients before the PUCT and other state agencies. For issues relating to commodities trading, Washington DC-based Catherine Krupka is the key name.

Practice head(s):

Joseph Hall; Lino Mendiola

Other key lawyers:

Catherine Krupka; Daniel Frank; James Guy

Key clients

Pattern Energy Group

Allete Clean Energy

BayWa r.e.

Work highlights

  • Advised Pattern Energy Group on strategic, day-to-day issues and undertook litigation concerning the development of wind generation projects totalling several thousand MWs, present or planned, in the Southwestern United States; as well as working with the company to document and build its financial trading program and related compliance program; and serving as local counsel with regard to its development of renewable generation projects in Texas.
  • Representing Allete Clean Energy on a range of strategic regulatory issues concerning the implementation of its enhanced integrated resource plan, including the company’s transition away from fossil-fuel (coal) powered generation to renewable generation (such as wind power and solar power).
  • Advised BayWa r.e. on strategic regulatory matters for its solar and wind generation assets around the country, including counseling on project finance, generator interconnection, market participation and construction disputes at FERC and before state regulatory bodies.

Gibson, Dunn & Crutcher LLP

Gibson, Dunn & Crutcher LLP represents clients in high-profile energy litigation matters before FERC as well as state and federal courts. The group regularly represents utilities and private equity companies in the acquisition of other utilities and large generating facilities, including major wind and solar projects in the US. It also has a strong reputation for handling class action suits. William Hollaway and Jeffrey Jakubiak are key contacts who handle a broad array of issues before FERC; Hollaway (in Washington DC) primarily represents independent power producers and transmission companies; dividing his time between Washington DC and New York, Jakubiak focuses on utility ratemaking cases, mergers and power sales.

Key clients

Energy Transfer and Rover Pipeline

Marathon Petroleum

SB Energy Global Holdings

Berkshire Hathaway Energy

BHE Renewables

Neptune Regional Transmission System

Hudson Transmission Partners

TC Energy

Wisconsin Power and Light Company

Versant Power (formerly: Emera Maine)

Westlands Water District

Bayou Bridge Pipeline (Energy Transfer)

IMG Energy Solutions

Tampa Electric Company

Dakota Access Pipeline (Energy Transfer)

K&L Gates

K&L Gates advises a diverse range of clients, from traditional electric utilities to grid-edge developers on renewable generation, transmission and storage technologies. The group has a strong focus on energy storage matters, assisting offshore wind and energy storage clients in high-profile FERC litigations and changing capacity market tariffs, as well as advising on interconnection of utility-scale generation facilities. Practice leadership is split between Seattle-based duo Elizabeth Crouse and Teresa Hill and San Francisco-based Buck EndemannDonald Kaplan (litigation and administrative representation with particular emphasis on economic regulation and pricing issues in regulated industries); April-2021 arrival from Pierce Atwood LLP, Ruta Skucas, and Kimberly Frank (both of whom handle utility regulatory matters before the FERC and state agencies) are all key practitioners. Former department head David Hattery moved in house in April 2021.

Practice head(s):

Elizabeth Crouse; Buck Endemann; Teresa Hill

Other key lawyers:

Donald Kaplan; Elizabeth Thomas; Kari Vander Stoep

Key clients

SOO Green HVDC Link ProjectCo

XO Energy

Financial Marketers Coalition

PJM Transmission Owners

Renewable Energy Buyers Alliance

TransAlta Energy Marketing (US)

Work highlights

  • Assisted SOO Green HVDC Link ProjectCo with preparing and filing a complaint to the Federal Energy Regulatory Commission (FERC) regarding the difficulties of connecting to the grid managed by PJM Interconnection.
  • Filed a complaint (April 2020) with FERC on behalf of XO Energy challenging the Financial Transmission Right forfeiture rule; the regulatory body subsequently ruled (May 2021) that PJM’s current implementation of the rule is unjust and unreasonable.
  • Advised Financial Marketers Coalition on ISO/RTO credit issues, including speaking at FERC technical conference on ISO/RTO credit policy requirements and preparing comments following the technical conference.

Kirkland & Ellis LLP

Praised for its ‘superior technical capabilities’, Kirkland & Ellis LLP represents a wide range of electricity market participants and individuals in FERC and CFTC enforcement proceedings and FERC audits. The group handles transaction and financing structures, renewable portfolio investments and acquisitions, and also advised clients in the aftermath of winter storm Uri. Key contacts at the firm include ‘standoutsBrooksany Barrowes and Andrew Stuyvenberg; the former has experience developing trading and corporate compliance programs; the latter has worked on significant financing and M&A projects. Robert Fleishman is an ‘intellectual and legal powerhouse’ with extensive expertise before the FERC, CFTC and other regulatory bodies.

Other key lawyers:

Brooksany Barrowes; Robert Fleishman; Andrew Stuyvenberg

Testimonials

Our company and I had the most positive experience working with Kirkland & Ellis and Robert Fleishman, our lead attorney at the firm on the energy regulatory and compliance matters. I recommend Robert and his department at Kirkland & Ellis most enthusiastically to anyone seeking help in this specialty.’

Robert Fleishman is an example of what a really good attorney should be. He is always responsive and on top of issues, tasks, and timelines. In a nutshell, he is an intellectual and legal powerhouse. Robert has consistently demonstrated very high ethical standards in his interaction with us and he puts the interests of a client above his own.’

The K&E team combines both superior technical capabilities with practical and commercial advice. Being able to deliver on both is crucial to me as a client of the firm.’

Brooksany and Andrew are standouts on a wide range of energy regulatory matters. Whether I need them to review a PPA, comment on a FERC ruling or assess a project interconnection risk, they have the answer.

Key clients

Apple Energy

Kindle Energy

Just Energy Group

The Blackstone Group

Cypress Creek Renewables

Vistra Energy Corporation

Calpine Corporation

Kohlberg Kravis Roberts

CarVal Investors

Mankato Companies

Archaea Energy (formerly: Rice Acquisition Corporation)

EQT Infrastructure V Fund

Macquarie Asset Management

Ontario Teachers’ Pension Plan Board

Ares Management

Latham & Watkins LLP

Latham & Watkins LLP's energy regulatory practice is considered by clients to be the ‘top FERC regulatory firm’, with experience in administrative litigation before the commission. The group is also adept at handling structured marketing and trading transactions, the acquisition and sale of generation and transmission facilities, and advises on general compliance and enforcement issues. The team represents the full range of power industry clients, from leading utilities and transmission owners to developers, lenders and underwriters. Practice head David Schwartz and Natasha Gianvecchio are ‘top of their class regulatory attorneys’; Schwartz is known for being active in the formation of electricity markets in the US while Gianvecchio focuses on regulatory and energy market developments affecting the domestic energy industry. Tyler Brown is the go-to figure for matters involving energy storage and natural gas and oil transportation. All lawyers are based in Washington DC.

Practice head(s):

David Schwartz

Other key lawyers:

Natasha Gianvecchio; Tyler Brown; Michael Gergen

Testimonials

Very strong counsel, excellent subject matter expertise, very responsive.

Latham’s energy regulatory practice is the top FERC regulatory firm and includes top practitioners. They have a strong practice in working on comments and rulemaking, deals, development, and responding to inquiries or enforcement actions.’

They manage teams that are right sized for the matter. They respect and work closely with the client to make sure they are aligned with the client’s goals.’

Dave Schwartz and Natasha Gianvecchio are top of their class regulatory attorneys. They are invested in the client, try to understand broader goals, and work closely to accomplish the client’s goals.’

The whole team is highly responsive, comes up with creative solutions, and lays out risks in a crisp and understandable way, which is very beneficial in dealing with business clients.’

Key clients

Anbaric Development Partners

Avangrid

Blackstone

Cordelio Power

Energy Capital Partners

DE Shaw Renewable Investments

FirstEnergy

Global Infrastructure Partners

Halmar

Invenergy

Linden VFT

Middle River Power

Riverstone Holdings

Santander Bank

Vistra Corporation

McDermott Will & Emery LLP

The energy regulatory team at McDermott Will & Emery LLP has an ‘exceptionally high degree of subject matter knowledge. It represents independent power producers and other competitive power companies -including power marketers and merchant transmission developers- on the full spectrum of energy regulatory, transmission, interconnection and compliance issues. The group regularly handles investigation and audits by the CFTC, FERC and other state and federal regulatory bodies, as well as in related appellate and alternative dispute resolution proceedings. Based in Washington DC, practice co-heads Neil Levy and David Tewksbury are ‘leaders in the energy regulatory space. Stephanie Lim in Washington DC focuses on matters relating to buyer-side market power mitigation rules and other ISO and RTO rules governing the electricity capacity markets.

Practice head(s):

Neil Levy; David Tewksbury

Other key lawyers:

Bruce Richardson; Stephanie Lim

Testimonials

The energy regulatory team at McDermott, Will & Emery are in a class by themselves. The depth of knowledge, insight and execution make them the industry standard in this area.’

The ability to hone in on the most salient points and to use the full range of precedents to make cogent arguments at the Federal Regulatory Commission is unparalleled.’

David Tewksbury and Stephanie Lim are truly exceptional. They are knowledgeable, efficient and always on time.’

The exceptionally high degree of subject matter knowledge is unique with the team we work with, including David Tewksbury, Stephanie Lim, and Neil Levy. Their deep knowledge of how the markets and market participants work together is also unmatched, allowing for more nuanced and issue-specific arguments on behalf of their clients.’

Neil Levy and David Tewksbury are the individuals that I work with most often and they are the individuals who are leaders in the energy regulatory space.’

Key clients

Advanced Power Services

Apex Clean Energy

Calpine Corporation

Clearway Group

Clearway Energy

ConnectGen

CPV

Eastern Generation

EPSA

Empire Generating Company

Empower Energies

GenOn

Homer City Generation

Hull Street Energy

Indeck Energy Services

Independent Power Producers of New York

Longview Power

LS Power

Marubeni Power International

Mitsubishi Power Americas

NEPGA

NextEra Energy Resources

NRG

Pirlo Energy Holdings

P3

ReEnergy Holdings

SB Energy

Talen Energy Corporation

Tenaska

TerraForm Power

Vistra and certain of its subsidiaries

Work highlights

  • Advised and represented NRG on FERC issues relating to: (1) its $3.6bn acquisition of retail electricity and natural gas marketer Direct Energy, from Centrica; (2) its $760m sale of a 4,800MW portfolio of fossil-fueled generation assets in New York City, Connecticut and California to ArcLight; and (3) the unwinding of sale/leaseback arrangements for 2,500MW of fossil-fueled generation assets in Illinois.
  • Representing Tenaska’s power marketing subsidiary, Tenaska Power Services in connection with its filing to justify spot-market sales in the Western US at prices in excess of the $1,000/MWh “soft” price cap established in the aftermath of the 2000-2001 Western energy crisis.
  • Represented EPSA as an intervenor before FERC opposing complaints relating to price spikes in MISO’s 2015 capacity auction.

Morgan, Lewis & Bockius LLP

Morgan, Lewis & Bockius LLP 's full-service energy group has extensive FERC capabilities as well as regulatory transactional capabilities. It regularly handles investigations involving significant regulatory compliance issues that concern state and federal regulatory bodies, including the CFTC. The group also has a strong reputation in the nuclear energy segment, advising clients on second-license renewals and advanced reactor licensing, decommissioning efforts and management of spent nuclear fuel; Paul Bessette is the key figure in this area. Practice head Stephen Spina represents electric utilities before the FERC in restructuring, market investigations and Federal Power Act regulatory matters. Former practice head Kathryn Sutton retired in September 2021. All individuals are based in Washington DC.

Practice head(s):

Stephen Spina

Other key lawyers:

Daniel Skees; Paul Bessette; Alex Polonsky; Tim Matthews; Jane Accomando

Key clients

AES Corporation

American Electric Power

Duke Energy

Edison Electric Institute

Energy Harbor

Entergy

Evergy

Exelon

General Electric Company

National Grid

NextEra/Florida Power & Light

NorthWestern Energy

PacifiCorp

Pinnacle West Capital Corporation

Southern California Edison

Talen Energy

TECO Energy

TerraPower

Westinghouse

Xcel Energy

Work highlights

  • Represented Interim Storage Partners in multiple successful administrative appeals before the NRC as they seek an NRC license to construct and operate an interim storage facility for spent nuclear fuel in Texas.
  • Assisted National Grid in successfully seeking FERC approval of a transaction in which National Grid is selling its subsidiary, The Narragansett Electric Company, to PPL Corp.
  • Representing PacifiCorp in a rate case to revise its FERC ancillary service rates.

Van Ness Feldman LLP

Van Ness Feldman LLP ‘s electric and hydropower practice represents a broad range of investor-owned and municipal utilities, renewable and conventional generation owners, power marketers, manufacturers and technology providers. The group is well known for its expertise in hydroelectric licensing and re-licensing matters and has experience before FERC, as well as handling environmental permitting and compliance issues before the EPA. Other areas of strength include advising on the development of new transmission projects to increase the delivery of renewable energies. Lawrence Acker is a key figure at the group, while Gary Bachman represents major client, New York Power Authority. Based in Washington DC, Joseph Nelson and Mike Swiger co-chair the practice. In January 2021, Jessica Friedman, Vincenzo Franco, Julia Scarpino Wood and Margaret Claybour departed to Rock Creek Energy Group LLP.

Practice head(s):

Joseph Nelson; Mike Swiger

Other key lawyers:

Lawrence Acker; Malcolm McLellan; Gary Bachman; Suzanne Keppeler

Testimonials

The team has a strong, pragmatic approach to FERC advocacy. It understands the types of arguments that will be compelling to the current set of FERC Commissioners and it avoids arguments that are not likely to resonate.’

Conversations with the individuals involved have been very collaborative. They are not wedded to their own ideas and add value to our ideas.’

Key clients

American Electric Power

Idaho Power Company

Long Island Power Authority

Los Angeles Department of Water & Power

New York Power Authority

NextEra Energy

Puget Sound Energy

Tennessee Valley Authority

ConnectGen

Arnold & Porter

Arnold & Porter ‘has a team of attorneys who are experts in the field’ and that represents clients in administrative litigation before FERC, as well as in appeals and other matters before state and federal courts. The group has experience handling multi-party disputes and is skilled in market manipulation cases and rate proceedings. Practice head Sandra Rizzo is ‘an outstanding attorney' who advises clients on the full spectrum of regulatory and compliance matters, as well as representing them in FERC enforcement-proceedings and investigations. Associate Andrea Kearney handles FERC-related matters involved in commercial transactions, including M&A and financings. Brian Israel chairs the environmental practice. All lawyers are based in Washington DC.

Practice head(s):

Sandra Rizzo; Brian Israel

Other key lawyers:

Andrea Kearney

Testimonials

Arnold Porter has a team of attorneys who are experts in the field. This allows for a perfect match with your needs.’

The practice is excellent working with experts and mastering the technical aspects of the cases in addition to their in-depth knowledge of the law, regulation and precedent.’

Sandra Rizzo is an outstanding attorney. She knows the subject material, works extremely well in team environments, is aggressive, has extensive contacts in all aspects of the industry and government and very effectively articulates arguments. Sandra does an exceptional job managing conflicting perspectives and positions.

Key clients

Peter Jones, Robert Jones and Jack Wells (defendants in a FERC enforcement case)

RC Cape May Holdings

Rockland Capital

Pepco Holdings

America’s Power

PPL Corporation

Duquesne Light Company

SolUnesco

ChargePoint

A O Smith Corporation

The American Clean Power Association

AES

Carbonvert

Gridflex Generation

Work highlights

  • Defending individual clients against FERC’s novel market manipulation claims, raising issues of first impression in the courts.
  • Advised RC Cape May Holdings on a plethora of issues involved in the operational transition of a coal-fired facility, as well as facilitating the transition to the potential future site for wind energy interconnection.
  • Represented a group of generators, Tilton Energy Dynegy Marketing and Trade; Illinois Power Marketing Company and Rockland Power Partners II, who brought a suit against the Midcontinent Independent System Operator and PJM to obtain financial payments to resolve overcharging claims.

Greenberg Traurig LLP

Greenberg Traurig LLP 's electric power and utility regulation group has extensive experience with all areas of the power industry, including generation, transmission, distributed resources and trading. Practice leadership is split between Iskender Catto in New York, William S. Garner in Houston and Washington DC-based Kenneth Minesinger. An expert in market rules as well as FERC electricity manipulation and rule enforcement matters, Gregory K. Lawrence is a key contact in the Boston and Washington DC offices.

Practice head(s):

William Garner; Kenneth Minesinger; Iskender Catto

Other key lawyers:

Doreen Saia; Gregory Lawrence; John DeTore

Key clients

Roscommon Analytics

FirstEnergy Service Company

Shell Energy North America (US)

Northeast Clean Energy Council

NextSun Energy

Exelon

Central Valley Natural Gas Storage

Entergy Corporation

Enerwise Global Technologies (operating as: CPower Energy Management)

Apex Wind Energy

Work highlights

  • Representing Entergy in an NYPSC regulatory proceeding to obtain authorization for the transfer of the Indian Point Energy Center for prompt decommissioning, the first sale of a retired nuclear facility in New York State in which a unanimous Settlement Agreement was reached in support of the transaction.
  • Representing NextSun Energy in the first adjudicatory proceeding before the Massachusetts Department of PublicUtilities involving an interconnection dispute between a regulated public utility and a solar developer.
  • Representing independent storage provider Central Valley Natural Gas Storage in the California Public Utilities Commission’s Natural Gas Safety, Reliability, and Planning Rulemaking proceedings, which are considering the policies that should be adopted by the CPUC for the future of the natural gas industry.

Hunton Andrews Kurth LLP

Hunton Andrews Kurth LLP is the ‘"go-to" firm for state regulatory matters in TexasThe team is praised for being ‘highly responsive and willing to go the extra mile as neededIt regularly represents clients in routine and contested, federal and state regulatory proceedings, and provides regulatory guidance to support a variety of commercial transactions. Additionally, the group has extensive NERC capabilities including representing clients in compliance audits. Based in Washington DC, project finance specialist Jeffrey Schroeder jointly leads the team with Myles Reynolds in Dallas; Reynolds primarily advises electric utilities, natural gas utilities and midstream companies. In Dallas, Tab Urbantke and counsel Lauren Freeland are also recommended. John Shepherd, previously at FERC, joined the Washington DC office in March 2021.

Practice head(s):

Jeffrey Schroeder; Myles Reynolds

Other key lawyers:

Tab Urbantke; Kevin Jones; Eric Murdock; Pete Johnson; Lauren Freeland; John Shepherd

Testimonials

The Hunton team in Texas is a “go-to” firm for state regulatory matters in Texas and also provides great support on a multi-state and Federal level.’

The team knows our business and our industry, and therefore provides efficient, pragmatic solutions to problems.’

They get to know and understand our culture and frame their advice accordingly. We could not manage our complex regulatory matters without them.’

I work most closely with Tab Urbantke, Myles Reynolds, and Lauren Freeland. They understand our needs and provide a problem-solving skillset.’

The Hunton team bring us sound advice, coupled with a road map to move forward an evaluation of any risks. They are also highly responsive and willing to go the extra mile as needed.’

Key clients

New York Independent System Operator

Oncor Electric Delivery Company

Appalachian Power Company

Cross Texas Transmission

Potomac Electric Power Company

Vistra Corporation

PJM Power Providers Group (P3)

Pine Creek Mine

Chamber of Commerce of the United States of America

New York Independent System Operator

Oncor Electric Delivery Company

Work highlights

  • Representing major Texan electric utility, Oncor Electric Delivery Company, in connection with the preparation of its base-rate case, which was to be filed with the PUCT in 2021 but  was delayed until June 1, 2022 following winter storm Uri.
  • Representing Appalachian Power Company in connection with regulatory matters in Virginia, including with regard to its appeal of the company’s 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.

Jenner & Block LLP

Jenner & Block LLP represents major electric and gas utilities in a range of issues, including gas and electricity safety matters, wildfire response, compliance and internal investigations. The group continues to expand its capabilities, with the hire of former FERC lawyer and electric utility in-house counsel, Jennifer Amerkhail, as well as energy and commercial litigator Laurie Edelstein who was previously at Steptoe & Johnson LLP. The practice is co-led by Chicago-based Randall Mehrberg and Washington DC-based duo Suedeen Kelly and Matthew Price. It has expertise in federal and state regulations, constitutional issues, grid resiliency and wholesale pricing, among other matters. All lawyers are based in Washington DC unless stated otherwise.

Practice head(s):

Randall Mehrberg; Suedeen Kelly; Matthew Price

Other key lawyers:

Jennifer Amerkhail; Laurie Edelstein

Key clients

Commonwealth Edison Company

Nicor Gas Company

The Peoples Gas Light and Coke Company

Aqua Illinois

Kinder Morgan

Puerto Rico Electric Power Authority

Southern Company Gas

Arcadia Power

National Association of Regulatory Utility Commissioners

LifeEnergy

Work highlights

  • Representing Nicor Gas as sole regulatory counsel before the Illinois Commerce Commission (ICC) in relation to its request for a $293m increase in base rates and approval of a project to partner with Habitat for Humanity and similar entities to develop a community for low-income customers with housing using renewable energy technology and supported with natural gas.
  • Representing ComEd in the development and regulatory approval of processes and rules governing the interconnection of Distributed Energy Resources (DER) with state jurisdictional distribution system assets, and the ongoing implementation of those rules.
  • Represented a subsidiary of Xcel Energy before the district court on a motion to intervene, and then at the US Court of Appeals for the Fifth Circuit (as amicus curiae), against claims that the company violated the dormant commerce clause of the Constitution.

Jones Day

Jones Day represents a variety of energy clients, including multi-state utilities, private equity investors, and renewable energy developers, in a range of regulatory, transactional, and enforcement matters. The practice works closely with the firm’s global M&A, and banking and finance practices to provide ‘quality’ advice. The group is well regarded for its FERC litigation capabilities and has experience in defending against allegations of market manipulation, rate case litigation and complaints contesting capacity market design. It is also well equipped to advise on CFTC compliance issues and FERC investigations, with the ‘highly respectedDavid Applebaum being a specialist in FERC investigations and enforcement issues. Jeffrey Schlegel chairs the practice. All lawyers are based in Houston.

Practice head(s):

Jeffrey Schlegel

Other key lawyers:

Kenneth Driver; David Connelly; David Applebaum; James Beh

Testimonials

Quality of advice from experienced practitioners.’

David Applebaum is highly respected inside of FERC, which is very valuable for interacting with agency staff. He provides measured and well-reasoned advice.’

Key clients

American Electric Power Service Corporation

GenOn Holdings

FirstEnergy Corporation

Oklahoma Gas and Electric

Cleveland-Cliffs

Work highlights

  • Represented FirstEnergy Corporation in connection with two substantial strategic financings that total $3.4bn in equity proceeds to the company.
  • Represented Cleveland-Cliffs Incorporated in connection with required FERC approval under Section 203 of the Federal Power Act and other FERC regulatory compliance matters associated with the company’s approximately $1.4bn acquisition of substantially all of the operations of ArcelorMittal USA and its subsidiaries.
  • Represented large, independent merchant generation company GenOn Holdings in a series of regulatory proceedings in California concerning it’s Ormond Beach generating station.

Norton Rose Fulbright US LLP

Norton Rose Fulbright US LLP provides a full-service offering across the energy regulatory spectrum, advising on matters at both federal and state level, as well as under regional renewable energy compliance programs. The regulatory enforcement team regularly handles bet-the-company matters and also represents individuals in criminal non-compliance prosecutions. Additionally, it has extensive experience in contracts, including long-term power purchase agreements, operating and maintenance agreements, and transmission capacity sale agreements, among others. New York-based projects expert Ben Koenigsberg co-chairs the practice with tax and finance lawyer Keith Martin who acts for major wind and solar companies in the US. Other key contacts include Bob Shapiro, Joseph Williams and Caileen Kateri Gamache. Associate Anna Biegelsen is also noted for her experience before FERC and the CFTC. All lawyers are based in Washington DC unless stated otherwise.

Practice head(s):

Keith Martin; Ben Koenigsberg

Other key lawyers:

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

Key clients

Key Capture Energy

MUFG

Soo Green HVDC Link ProjectCo

Momentum Energy Storage Partners

Jupiter Power

Copenhagen Infrastructure Partners

Hannon Armstrong

Nomura

MasTec

Transmission Developers

Carlyle Group

Starwood Energy Group

Advanced Power

Moxie Energy

The AES Corporation

Work highlights

  • Represented 7X Energy in the $220m sale of 9GW of US solar development projects and 1GW of “safe harbour” equipment.
  • Represented the administrative agent and the lenders in connection with the financing of the Mark One gas peaking facility in Brazoria County, Texas, being developed by Wattbridge Energy.
  • Represented C2 Energy Capital on the nine-figure sale of distributed solar platform subsidiary C2 Omega to EDP Renewables North America.

Paul Hastings LLP

Paul Hastings LLP has extensive expertise in the electricity regulatory space, advising clients on complex contractual and regulatory issues as well as high-stakes disputes. Areas of expertise include the development and financing of renewables, battery storage, microgrids and emerging technologies. The group has a strong track record in FERC litigation and is a leader in solar projects, advising several utility-scale solar companies on regulatory work across the US. In Washington DC, William DeGrandis has significant experience representing clients before federal district courts and the US Court of Appeal, as well as being an expert on PURPA issues.

Practice head(s):

William DeGrandis

Other key lawyers:

Michael Spafford; Peter Weiner; Jenna McGrath

Testimonials

Great experience and relationships in the wholesale electricity market regulation sector.’

This firm works with its clients to find multiple options to solve business issues.’

They take their time to understand the underlying problem. They give suggestions and then follow-up with the detail research to help set final course of action. They are not afraid to share a differing opinion when their research does not support a proposed direction.’

Key clients

Recurrent Energy

Georgia Transmission Corporation

United Power

Olympus Power Company

Intersect Power

Athens Utilities Board, Gibson EMC, Joe Wheeler EMC and Volunteer Energy Cooperative

LS Power

GlidePath

GridLiance

Acciona Energy North America

Leeward Renewable Energy

Caithness Energy

Corn Belt Power Cooperative (NIPCO)

CoreSite

Cross Sound Cable Company

8minute Solar Energy

Strata Solar

Clearway Energy

Solar Frontier

Lotusland Investments

Work highlights

  • Representing Leeward Renewable Energy in a variety of FERC interconnection and transmission matters as well as advising on renewable energy and energy storage development contractual and regulatory issues.
  • Representing Glidepath, a start-up energy storage company, handling regulatory issues of first impression involving both state and Federal Energy Regulatory Commission (FERC) regulatory matters with regard to interconnection and transmission
  • Representing distribution cooperative United Power in high-stakes proceedings before FERC and on appeal of complex FERC jurisdictional rulings before the DC Circuit.

Reed Smith LLP

Reed Smith LLP represents a diverse range of clients, from electric utilities and natural gas companies to local distribution centers and energy infrastructure companies. The team has extensive experience in rate and tariff matters as well as representing clients in FERC enforcement actions and investigations. Based in Washington DC, Collette Honorable is a key practitioner who leverages her previous experience as a commissioner at the FERC to advise on the full spectrum of energy issues; Debra Ann Palmer, in turn, has particular expertise in representing energy infrastructure clients in rate and tariff proceedings. London-based Prajakt Samant is the chair of the firm’s global energy and natural resources industry group.

Practice head(s):

Prajakt Samant; Stan Perry

Other key lawyers:

Collette Honorable; Debra Ann Palmer; Keturah Brown

Skadden, Arps, Slate, Meagher & Flom LLP

Skadden, Arps, Slate, Meagher & Flom LLP is best known for its expertise in high-profile utility M&A transactions. The team handles FERC regulatory issues as well as federal antitrust reviews and the negotiation of merger agreement covenants. It also has experience defending companies in FERC enforcement actions. Practice head John Estes represents generators in disputes over capacity markets. Counsel Will Barksdale has significant administrative litigation experience before FERC, while of counsel Mike Naeve is a FERC policy expert. For financings and commercial transactions, Niqui Kohli is the name to note. All lawyers are based in Washington DC.

Practice head(s):

John Estes

Other key lawyers:

Will Barksdale; Mike Naeve; Niqui Kohli

Vinson & Elkins LLP

Vinson & Elkins LLP handles proceedings before several regulatory bodies, including the FERC, DOE, NERC and PUCT. The group has experience representing clients in rate cases, non-public investigations, transmission-line certification cases, rulemakings and the sale and purchase of power generation facilities and transmission assets, among other matters. It also advises clients on compliance with NERC’s reliability standards and assists with obtaining grants and loan guarantees before the DOE. Based in Washington DC, John Decker handles both regulatory and transactional matters for natural gas and electric power clients. For expertise on regulations impacting the development, purchase and sale of utility-related infrastructure, Austin-based Michael Tomsu is recommended. James Seegers and Anita Wilson co-chair the group from Houston and Washington DC, respectively.

Practice head(s):

James Seegers; Anita Wilson

Other key lawyers:

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

Key clients

Oncor Electric Delivery Company

Pattern Energy Group Holdings

Global Atlantic Financial Group

Global Infrastructure Partners

Leeward Renewable Energy

SoftBank (and its affiliate SB Energy)

AltaGas

Goldman Sachs Renewable Power

Work highlights

  • Advised Global Atlantic Financial Company on its acquisition of two solar projects located in West Texas (with a capacity of approximately 250MWac), from Recurrent Energy, a wholly-owned subsidiary of Canadian Solar.
  • Represented Oncor Electric Delivery in a series of litigations to obtain approvals and property for the construction of nearly half a billion dollars of transmission infrastructure in the Texas panhandle.
  • Acted as Texas Counsel to Berkshire Hathaway subsidiary MidAmerican Wind Tax Equity Holdings (as a Class A tax equity investor), and Mizuho (as administrative agent for the construction lenders), in connection with the approximately $430m development and construction by Clearway Energy Group of the 350MW Mesquite Sky Wind power generation project located in Callahan County, Texas.

Willkie Farr & Gallagher LLP

Willkie Farr & Gallagher LLP has significant experience representing clients in high-profile regulatory matters before the CFTC, FERC, the National Futures Association (NFA) and derivatives exchanges. The group has compliance and enforcement practitioners based in Europe and runs ‘one of the best energy practices in the US’. Based in Washington DC, co-head Norman C. Bay is a ‘leading practitioner’ with experience as the former Chairman, Commissioner and Director of FERC’s Office of Enforcement. Athena Eastwood, in Washington DC, jointly leads the group that welcomed counsel Margo Bailey from the CFTC in May 2021.

Practice head(s):

Norman Bay; Athena Eastwood

Other key lawyers:

Paul Pantano; Margo Bailey

Testimonials

They have both broad and deep energy experience and run one of the best energy practices in the US.’

Very strong team with excellent contacts and reputation at FERC. Very good understanding of the Commissioners and Staff, with a good sense of policy. Excellent at providing strategic advice and setting up a long-term strategy and then working with the team to deliver tactically.’

Norman Bay is a leading practitioner and has a tremendous wealth of experience in dealing with regulators. He has a good view of potential risks, strategies on effective engagement, as well as provide the critical substantive guidance needed to get work done.’

Key clients

Citigroup Energy

Futures Industry Association

Kansai Electric Power

NextEra Energy Resources

Panamint Capital

PJM Interconnection

Southern Company

Vistra Corp

Vitol

WIRES