Troutman Pepper Locke LLP

Donna Byrne focuses her practice on representing electric power and natural gas market participants in proceedings before FERC and in the federal courts. Her representation in complex commercial disputes includes litigation in connection with the California energy crisis, issues related to Regional Transmission Organization withdrawal, issues related to federal pre-emption and the filed-rate doctrine, among other areas. Donna has represented clients seeking FERC approval for transactions covered by FPA section 203, has led matters involving FPA section 205 approvals, and has defended clients in complaint proceedings before FERC pursuant to FPA section 206.

In the energy regulatory space, Donna is recognized as a leading practitioner for companies and individuals regarding FERC enforcement investigations. She is experienced in conducting internal investigations, guiding clients through decisions about self-reporting potential regulatory violations, and all aspects of FERC enforcement investigations, including public show cause order proceedings and adjudication of alleged violations in federal district court. Donna has repeatedly succeeded in convincing FERC enforcement staff to close large-scale investigations based on a robust and comprehensive presentation of the relevant factual and legal issues. When FERC enforcement staff has not closed an investigation, Donna’s advocacy has resulted in favorable settlements for clients, either during the non-public phase of the investigation or later, in the public phase.