Energy Regulation

Representative Experience

• Defended a natural gas marketing company in enforcement proceedings seeking millions of dollars in civil penalties for alleged market manipulation violations. Challenged FERC’s statutory authority and raised constitutional due process challenge to FERCs attempt to impose civil penalties based upon retroactive application of a change in commission policy. FERC dropped the market manipulation charges and settled the matter.
• Represented firm shipper in challenge to natural gas pipeline rate filings resulting in order of more than $20 million in refunds for FLU overcharges
• Obtained distribution to a client of hundreds of thousands of refund dollars under FERC enforcement proceeding against client’s trading partner found to have engaged in market manipulation
• Regulatory counsel to midstream natural gas company on 550,000 Dth/day pipeline expansion project in Marcellus shale producing region
• Represented natural gas producers in complex natural gas contract disputes involving hundreds of millions of dollars in successfully litigated or settled claims
• Chief litigation counsel for major oil company in successful multi-million-dollar oil pipeline transportation and cost recovery arbitration proceeding
• Successfully defended natural gas gatherer in complaint proceeding before FERC seeking to impose federal regulation under the Natural Gas Act on the gatherer’s pipeline facilities
• Represented the independent market monitor of an RTO in federal litigation
• Represented consortium developing a clean coal plant on a PPA with the Illinois Power Agency and Illinois Commerce Commission (ICC). Our team filed the first CO2 pipeline application with the ICC in state history, advised on discussions with the Illinois Finance Authority, analyzed state public utility and energy legislation, and developed liability management legislation.
• Represented developer of 440 MW of solar projects. Provided development, real estate, environmental, electric regulatory and state tax expertise on all matters.
• Assisted energy company in receiving approval from the Public Utility Commission of Texas for an application to approve changes stemming from a change in control as a result of a transaction.
• Filed a petition on behalf of power company successfully challenging wholesale transmission charges to be imposed on distribution-level wholesale storage companies.
• Assisted two separate entities with their efforts to exit the Texas retail electric market as they wound down their regulatory obligations with ERCOT and Public Utility Commission of Texas and transferred their customers to other providers.
• Represented power generation company in three Texas Public Utility Commission proceedings involving ERCOT application to obtain authority to enter into a debt securitization financing related to certain costs stemming from Winter Storm Uri.
• Successfully assisted in pursuing a change to ERCOT protocols involving changes to the testing of certain behind-the-meter electric generation assets.
• Represented energy company as local counsel in a public-private partnership where client acquired a license and operating rights to the on campus electric utility system of a university.