McGuireWoods LLP is recognized for handling complex and novel regulatory issues of high industry significance, requiring deep sector expertise. The team has played a key role in the development of new energy markets and has been involved in federal and state rate cases addressing innovative methodologies for determining a utility’s authorized rate of return on investment. The firm is also a strong player in energy enforcement matters, regularly advising clients on compliance and regulatory challenges. The practice is led by Todd Mullins, co-chair of the power sector team, who represents energy clients in FERC enforcement and compliance matters. Noel Symons, a member of the energy strategic advisory board, focuses on regulatory and appellate litigation, advising utilities on cross-jurisdictional matters. Julia English represents generation and transmission owners, developers, and utilities in regulatory and compliance matters before FERC and DOE. Katlyn Davis Farrell has broad experience in electric market regulation, while David Martin Connelly provides strategic counsel on transmission rates, interconnection issues, and regulatory policy before FERC and appellate courts. All team members based in Washington DC.
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Key clients

  • Constellation Energy
  • Edison Electric Institute (EEI)
  • NRG Energy Inc.
  • Alabama Power Company
  • Georgia Power Company and Mississippi Power Company, (collectively known as Southern Companies)
  • Associated Electric Cooperative, Inc.
  • Dalton Utilities
  • Dominion Energy South Carolina, Inc.
  • Duke Energy Carolinas, LLC
  • Duke Energy Progress, LLC

Work highlights

  • Continued its representation of Constellation (f/k/a Exelon), in 2023, related to its 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 (LNG) import terminal, operational to provide fuel security in ISO-New England. FERC allowed Exelon to charge cost-based rates for fuel security even though it had never before considered whether provision of fuel security could be a basis for such a charge.
  • Represents Southeast Energy Exchange Market members in FERC and appellate litigation over FERC’s SEEM approval. Key issues include appeal timing rules and appellate review of FERC deadlock decisions. The D.C. Circuit remanded the case, and McGuireWoods continues to defend against renewed petitions and further FERC proceedings.
  • Represents Black Hills Corporation’s electric subsidiaries in cost-based, market-based rate, and rate schedule matters. The firm guided Black Hills Colorado Electric in transitioning to forward-looking formula rates under FERC Order No. 864, securing approval over protests and a settlement with regulatory certainty and a three-year rate moratorium.

Lawyers

Leading partners

The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.

Practice head

Todd Mullins; Noel Symons

Other key lawyers

Julia English; Katlyn Davis Farrell; David Martin Connelly