The electricity regulation and litigation practice at Bracewell LLP is a regular fixture as counsel to electric transmission and distribution utilities, independent power producers, power marketers, and investors in energy companies before the full range of regulatory agencies. Matters before the Federal Energy Regulatory Commission (FERC) and the Commodity Futures Trading Commission (CFTC) are a particular focus, and the team stands out in the market for its share of enforcement cases. Energy transition projects and disputes born thereof are a further forte. Chair of the firm’s energy regulation practice, Catherine McCarthy is based in Washington DC and her vast experience includes obtaining FERC and state authorizations for major projects and transactions; FERC compliance matters; FERC transmission and centralized markets issues; and transmission and power sales rate, tariff and refund matters. Deanna King at the Austin office advises domestic and foreign energy industry clients, including Powerex Corp., on contentious regulatory matters, while commodities and derivatives law are the focus of Michael Brooks‘ practice in Washington DC. Boris Shkuta is an additional key figure there, while in Seattle, Tyler Johnson has recently acted for a host of power marketers on compliance with FERC’s electric market-based rate program.
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Testimonials

Collated independently by Legal 500 research team.

  • 'We are very comfortable with our main partner and associate. Frequent interactions with the associate produce quality, timely results. Partner and associate are both responsive over a wide range of topics in this space.'
  • 'Very adept at "filling in the blanks". They understand the subject matter well enough to add color and depth of understanding over a broad range of topics. Attention to detail is also amazing.'
  • 'Experienced counsel with in-depth knowledge of the regulatory environment. I know I can come to them with unique or out of the ordinary issues to get creative, client-oriented solutions.'
  • 'Cathy McCarthy leading a great team of associates, including Josh Robichaud and Boris Shkuta. Creative, client-focused, available and responsive.'
  • 'Michael Brooks and Charles Mills are two of the best in the business. They are creative, practical and dogged in their advocacy. Combined with their understanding of the markets and the regulators they make a formidable team.'
  • 'Michael Brooks and Charles Mills are excellent.'

Key clients

  • Shell Energy North America (US), L.P.
  • Powerex Corp., a sovereign instrumentality of the Province of British Columbia
  • NECEC Transmission LLC
  • Standard Solar Inc.
  • Equinor Wind Services LLC
  • ENGIE North America Inc.
  • New York State Electric & Gas Corporation and Rochester Gas and Electric Corporation
  • New Brunswick Energy Marketing Corp.
  • Central Maine Power Company and The United Illuminating Company
  • Reworld
  • Rockland Capital, LP
  • Tenaska Clear Creek Wind, LLC
  • TransAlta Energy Marketing (US) Inc., Shell Energy North America (US), L.P., Avangrid Power, LLC and others

Work highlights

Representing Shell Energy North America (US), L.P. in certain western energy markets cases that continue to be heavily litigated before the Federal Energy Regulatory Commission (FERC) involving long-term contracts.
Representing NECEC Transmission LLC in FERC matters related to Avangrid’s $1bn-plus, 1,200-MW HVDC transmission line connecting clean hydropower from Québec to New England, including approvals for a long-term transmission services agreement. The NECEC is slated to begin commercial operations before year end.
Acted as Powerex’s US legal advisor in negotiations and proceedings related to wholesale electricity market activity, including the establishment of legal and regulatory frameworks for cross-border participation in newly organised wholesale electricity markets in the western United States.

Lawyers

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Practice head

Catherine McCarthy

Other key lawyers

Deanna King; Michael Brooks; Tyler Johnson; Charles Mill; Boris Shkuta; Josh Robichaud