Energy regulation remains in the spotlight—with the deregulated electric energy industry’s growing pains and the continued consolidation of the industry.
We’re dedicated to helping our clients maneuver through the regulations and anticipating what’s ahead.
Our leading team offers the highest quality electric and gas regulatory services, ranging from Federal Energy Regulatory Commission (FERC) regulation, ratemaking and enforcement, state public utility commission rate cases and merger proceedings to transmission-related work with Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs). With FERC in particular, our clients value our Washington, DC, presence and deep bench strength with all aspects of federal legislation and regulation affecting electric generation and electric and natural gas transmission facilities.
We have our finger on the pulse, monitoring policies and regulations from FERC and the states regularly. We keep our clients informed and ahead of the game and move business forward while minimizing exposure to penalties and disciplinary measures.
FERC: Natural Gas Regulation
We have significant experience with respect to natural gas work, both before state commissions and FERC, and natural gas supply, transportation and storage arrangements, both in the United States and Canada. From counseling clients on compliance matters relating to FERC’s natural gas regulations, including capacity release and shipper must have title rules, to assigning capacity, including in connection with portfolio sales and in structuring transactions to comply with FERC rules, to enforcement proceedings and participating in rate and certificate regulatory proceedings, we have worked with natural gas clients in a number of areas.
FERC: Electric Regulation
We offer our clients significant experience with respect to electric regulatory work. In addition to our hydroelectric and transmission-related experience, we represent a variety of entities before FERC in electric-related proceedings.
FERC: Hydroelectric Regulation
We have substantial experience in hydroelectric matters, specifically in hydro licensing, re-licensing, preliminary permitting and compliance issues. We follow significant developments and trends affecting the hydro portion of the electric industry. We participate in rulemakings and hydro organizations and frequently write and speak before legal audiences on hydro developments.
State Energy Regulatory
Our energy attorneys counsel clients before a number of state public utilities commissions, including those in the New England states and California, New York, New Jersey and Pennsylvania. We have also represented clients before siting boards in California, New England and New York. We assist clients in both natural gas and electric matters.
We work with
- Independent power producers
- Independent power marketers and brokers
- Electric and gas utilities and their affiliates
- Providers of products and services in the U.S. electric power industry
- Natural gas pipelines
- Electric transmission developers
- Negotiating the gas supply, transportation and storage agreements on most of the interstate natural gas pipelines in the United States on behalf of LDCs and marketers.
- Participating in the natural gas pipeline rate and certificate proceedings involving natural gas transportation and storage services. We have participated in proceedings on ANR Pipeline, Viking Pipeline, Northern Natural Gas, Texas Gas Transmission, Columbia Gas Transmission, Columbia Gulf Transmission, Dominion Transmission, Tennessee Gas Pipeline, Empire Pipeline, Algonquin Transmission, Millennium Pipeline, Great Lakes Gas Transmission and Transcontinental Gas PipeLine.
- Advising on various issues involved with the brokering of firm capacity rights. We assisted Integrys Energy Services in transferring its wholesale gas portfolio to a purchaser, which required various waivers from FERC.
- Participating in enforcement proceedings involving violations of FERC policies, rules and procedures. We are currently representing clients in a number of matters pending before FERC enforcement staff.
- Representing clients in the negotiation of long-term gas supply agreements with domestic and Canadian producers, as well as in the negotiation of numerous spot market and term contracts with domestic producers. Our contracting experience includes working with futures, swaps and other financial transactions. Our energy attorneys, along with our commercial attorneys in New York have followed Dodd-Frank and the CFTC/SEC rules and regulations implemented governing the various reporting obligations for energy transactions.
- Negotiating numerous agreements using NAESB and Gas EDI forms.
- Filing applications for and/or amendments of import and/or export authorization from the Department of Energy and the Canadian National Energy Board. In connection with DOE import authorizations, we also assist clients navigate U.S. Customs Service obligations, including when required documentation has not been supplied.
- Representing clients in rulemaking proceedings governing natural gas transportation and sales issues.
- Advising clients in FERC proceedings governing the terms and conditions of service provided by RTO/ISOs in all regions of the country. This includes, the “SECA” case, Docket Nos. ER05-6, et al., which involved the elimination of pancaked rates between MISO and PJM. In addition, is the MISO RSG proceeding, Docket Nos. ER04-691, et al. This case involves the rate design and allocation of revenue sufficiency guarantee payments. We have been involved in this case since its inception in 2004 and have dealt with not only the substantive issue presented, but retroactive ratemaking, refunds and interest-related issues, among others.
- In PJM, proceedings involving balancing operating reserve payments, scheduling/dispatch problems caused by the prevalence of natural gas as fuel in the market, and RPM-related and FTR funding issues.
- In ISO New England, proceedings involving resource adequacy/capacity markets, winter reliability programs, the ability to provide emergency energy over merchant transmission lines, interconnection issues and interconnection agreement cancelation/cost allocation issues.
- In NYISO, interconnection issues, including network vs. facility costs, complaints over generation mitigation, merchant transmission lines, meter errors and resource adequacy.
- In MISO, matters including must run contracts, FTR allocations, resource adequacy issues and issues related to ensuring that retail access is accommodated in the wholesale model.
- Participating in rate-related proceedings of utilities, both on behalf of utilities and on behalf of customers. Our attorneys prosecuted the first NYISO transmission rate proceeding when a utility joined NYISO. We represented the Trans Bay Cable Project before the Federal Energy Regulatory Commission to establish the transmission revenue requirement corresponding to Trans Bay Cable’s investment in and construction of the project and negotiated a settlement that was unanimously supported by FERC staff and other intervening parties and approved by FERC.
- Prosecuting the filing of unexecuted interconnection agreements.
- Participating in merger proceedings.
- Filing on behalf of clients’ market-based rate applications, EWG applications, authorization to issue securities and related filings, QF applications, PUHCA 2005-related filings and interlocking directorate filings.
- Negotiating power sales agreements with customers using EEI and ISDA forms.
- Representing a New York utility licensee on all its hydro-related matters, including counseling on license amendments and on whether projects are subject to license.
- Representing developers and municipalities in the preliminary permit stage of hydro development. We currently represent a number of developers preparing to license projects that are subject to preliminary permits and represent independent developers and paper companies that use hydro as a significant source of their industrial power needs.
- Assisting licensees in preparing, filing and supporting FERC license amendments and applications to transfer hydroelectric licenses.
- Assisting licensees and exemptees on headwater benefits proceedings, including filing comments with the FERC with respect to the proper calculation of assessments.
- Fortis Inc., a Canadian utility holding company, in representation before the New York Public Service Commission in connection with Fortis’s acquisition of CH Energy Group, Inc., the parent of Central Hudson Gas & Electric Corporation, a New York gas and electric utility. A favorable PSC decision was received in June 2013 and work on follow-up and compliance matters is on-going.
- Western Massachusetts Electric Company in the NEEWS Greater Springfield Reliability Project, which is a major upgrade of WMECO’s 345 kV and 115 kV transmission system in the municipalities of Agawam, West Springfield, Springfield, Chicopee and Ludlow, Massachusetts.