Energy Regulatory Attorneys | McDermott Markets & Reliability Team

Energy Regulatory, Markets & Reliability


Federal energy regulations can make or break your electric power and natural gas projects, and even threaten the viability of your business. Skilled, savvy legal counsel can help you overcome complex regulatory challenges, secure waivers and approvals, advocate more favorable market rules and take advantage of programs and initiatives that support your strategic goals.

With strong Federal Energy Regulatory Commission (FERC) and appellate capabilities, our top-ranked energy regulatory, markets and reliability team is known as the go-to practice for independent power producers (IPPs) and other competitive power companies. We work extensively with power marketers, merchant transmission developers, renewables developers, natural gas utilities and other energy industry participants and consistently play leading roles in virtually all of the major FERC proceedings affecting the competitive power sector, including major independent system operator (ISO)/regional transmission organization (RTO) market rules cases. Drawing on our extensive experience and understanding of your industry, we provide you with sophisticated insights and practical guidance on the full range of energy regulatory matters arising under relevant laws.

Those laws include:

  • Federal Power Act
  • Public Utility Regulatory Policies Act of 1978
  • Natural Gas Act
  • Natural Gas Policy Act of 1978
  • Public Utility Holding Company Act of 2005
  • Energy Policy Act of 2005

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Our representative experience includes:

  • Representing various competitive suppliers and their trade associations in FERC proceedings relating to the expansion of the Minimum Offer Price Rule to protect the PJM Interconnection, L.L.C., capacity market from the price-suppressive impact of offers from subsidized resources.
  • Representing LS Power on FERC issues relating to its acquisition of a 50% undivided interest in the Yards Creek Pumped Storage Station (a 420 MW hydroelectric facility in New Jersey) from PSEG Fossil LLC, the remaining 50% undivided interest in the Yards Creek Pumped Storage Station from Jersey Central Power & Light Company, and Panda Hummel Station LLC (the owner of a 1,096 MW natural gas-fired generation facility in Pennsylvania).
  • Represented Calpine, CPV, Exelon Generation, GenOn, J-POWER, LS Power, NRG, Talen and Tenaska in numerous FERC proceedings to obtain, defend, modify or transfer reactive power service revenue requirements.
  • Represented Clearway Group and Clearway Energy in obtaining FPA Section 203 authorization from FERC for various transactions, including approval for Clearway Energy’s sale of Energy Center Dover (a 104 MW natural gas-fired generation facility in New Jersey) and approval for the transfers of interests in shared interconnection facilities associated with a restructuring of Clearway Group’s Golden Fields III and IV projects (utility-scale solar projects in California).
  • Representing J-POWER on FERC and PJM issues related to the development of its 1,200 MW Jackson Generation facility in Elwood, Illinois.
  • Representing various IPP clients on compliance with electric reliability standards and requirements of NERC and its various regional entities.
  • Representing EPSA, Calpine and LS Power as intervenors in FERC proceedings relating to proposed reforms to the rules for the PJM-administered operating reserves market.
  • Represented Tenaska in successfully opposing a complaint against PJM by the PJM Market Monitor.
  • Representing EPSA and certain individual generators in connection with ongoing issues regarding possible elimination of, or modifications to, the capacity markets administered by the New York Independent System Operator, Inc.
  • Represented Calpine on FERC issues relating to the sale of Garrison Energy Center LLC (the owner of a 325 MW natural gas- and oil-fired generation facility in Delaware) and RockGen Energy LLC (the owner of a 503 MW natural gas- and oil-fired generation facility in Wisconsin) to Starwood Energy, along with the acquisition of the remaining 25% interest in Russell City Energy Company, LLC.


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