The Firm has a long history of successfully assisting and representing clients in the electricity industry. A substantial portion of the Firm’s experience in this area has involved matters subject to the jurisdiction of the Federal Energy Regulatory Commission (FERC).
Examples of such experience include the following:
- assisting clients in applying for market-based rate authority from FERC and complying with applicable FERC reporting and other requirements, including the requirement to file updated market power studies every three years;
- representing utilities, including transmission-only utilities, in matters relating to their participation in regional transmission organizations (RTOs) and independent system operators (ISOs);
- assisting the developers of cogeneration and small power production facilities in registering as qualifying facilities and exempt wholesale generators and representing developers in proceedings that are initiated when they fail to comply with FERC certification requirements; and
- representing the users of transmission services in rate, tariff, and various other proceedings initiated by their service providers, and in rulemaking and other generic proceedings initiated by FERC.
In addition to matters that are directly subject to FERC’s jurisdiction, the Firm also has extensive experience in related regulatory matters. For example, in recent years, the Firm has assisted clients in matters relating to their compliance with mandatory electric reliability standards. The Firm has also assisted clients in securing electricity export authorizations from the Department of Energy. More generally, the Firm has assisted clients with matters relating to the interpretation of RTO and ISO tariff provisions, participation in organized markets overseen by RTOs and ISOs, and participation in RTO and ISO stakeholder processes.
Finally, the Firm has assisted electricity clients that are generally not subject to FERC’s jurisdiction. For example, the Firm has been retained by electric cooperatives and municipalities that are not regulated by FERC, but that nevertheless wish to provide transmission services that are comparable to those provided by regulated utilities. The Firm has also assisted financial entities and traders that are interested in securing a better understanding of how the electric industry is regulated generally, and with respect to how FERC decisions may impact investment opportunities.
Finally, the Firm has assisted electricity clients that are generally not subject to FERC’s jurisdiction. For example, the Firm has been retained by electric cooperatives and municipalities that are not regulated by FERC, but that nevertheless wish to provide transmission services that are comparable to those provided by regulated utilities.
The Firm has also assisted financial entities and traders that are interested in securing a better understanding of how the electric industry is regulated generally, and with respect to how FERC decisions may impact investment opportunities.