McDermott Will & Emery LLP is recognized for its strong electric regulatory practice, particularly in representing independent power producers and competitive power companies. The team excels in FERC and appellate matters, actively participating in major FERC proceedings and related appellate cases impacting competitive power entities, including power marketers and merchant transmission developers. The practice offers comprehensive counsel on energy regulatory issues, covering reliability, markets, transmission, interconnection, and compliance matters. The team regularly handles complex energy regulatory litigation, investigations, and audits by FERC, the CFTC, and other federal and state agencies, as well as appellate and alternative dispute resolution proceedings. Known for its expertise in FERC investigations, the team is co-led by Neil Levy, who advises clients on organized markets, transmission access, and FERC enforcement matters, and David Tewksbury, who focuses on FERC-regulated electricity markets. Stephanie Lim counsels power producers and marketers on operational and compliance issues, while Bruce Richardson brings deep experience in cost-based ratemaking, reactive power compensation, and reliability matters. All team members based in Washington DC.
Legal 500 Editorial commentary
Accolades
Client satisfaction
Key clients
- Advanced Power and certain of its subsidiaries
- AES Integrated Energy, LLC
- Algonquin Power & Utilities Corp.
- Alpha Generation LLC and certain of its subsidiaries
- AltaGas Services (U.S.) Inc.
- Apex Clean Energy, Inc.
- BlueWave Energy
- Calpine Corporation and certain of its subsidiaries
- Clearway Energy Group LLC and certain of its subsidiaries
- Clearway Energy, Inc. and certain of its subsidiaries
Work highlights
- Represented EPSA, LS Power, and NRG opposing a PJM proposal to change the rules for the auction to procure capacity for the 2024/2025 delivery year after the auction window had closed and the successful appeal of FERC’s order accepting that proposal to the U.S. Court of Appeals for the Sixth Circuit (the “Third Circuit”).
- Prepared and filed a complaint against PJM and the Independent Market Monitor for PJM (the “PJM IMM”) regarding opportunity cost adders for use-limited resource in caps on offers into the PJM-administered energy market.
- Represented, and in some cases, are currently representing, affiliates of the clients listed above (other than EPSA) in numerous FERC proceedings to obtain, defend, modify, or transfer reactive power service revenue requirements.
Lawyers
Leading partners
The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.
David Tewksbury
Next generation partners
Junior partners with significant recognition from clients and peers in the market and key roles on multiple matters.
Practice head
Neil Levy; David Tewksbury
Other key lawyers
Stephanie Lim; Bruce Richardson