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.
Our energy regulatory, markets and reliability team is known as the go-to practice for independent power producers (IPPs) and also works extensively with power marketers, renewables developers, natural gas utilities and other energy industry participants. 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.
We make it our priority to help you achieve your goals and minimize risk by ensuring compliance with regulations and requirements arising from these and related laws. We routinely offer counsel on Federal Energy Regulatory Commission (FERC) and Department of Energy regulations, independent system operator (ISO)/regional transmission organization (RTO) market rules, reliability requirements of the North American Electric Reliability Corporation (NERC) and its regional entities (including registration and audit issues), generator interconnection, reactive power compensation and other matters.
We proactively identify regulatory issues and assist you in obtaining a range of required FERC approvals and waivers in connection with transactions involving electric power and natural gas assets. We also help you prepare and submit rate filings, including those needed to obtain and maintain FERC authorization to make wholesale power sales at market-based rates, along with cost-based rate filings involving rate schedules for reactive power compensation, shared facilities agreements, reliability must-run agreements and more.
We routinely represent IPPs, trade associations and others in FERC and appellate proceedings relating to ISO/RTO market rules that can be key value drivers for existing and proposed generation projects. While disputes are not a necessary cost of doing business, they are a risk we are equipped to handle on your behalf. We have successfully represented clients in investigations and complex administrative litigation proceedings before FERC, the Commodity Futures Trading Commission (CFTC) and other federal and state regulatory bodies, as well as in related appellate and alternative dispute resolution proceedings. Our team has also pursued actions against ISOs, RTOs and vertically integrated transmission providers on a variety of transmission- and markets-related issues.
From project inception to dispute resolution, our counsel focuses on achieving the objectives of your power and natural gas projects.
Nationally Ranked in Band 2 for Energy: Electricity (Regulatory & Litigation)
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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