Brian Gish has practiced energy law for over 30 years both as an attorney with major Washington, D.C., law firms and with the Federal Energy Regulatory Commission (FERC). He advises and represents clients before FERC and courts on energy regulation with an emphasis on federal regulation of electric transmission and sales, regional transmission organizations, electric reliability, and licensing of hydroelectric projects. Brian represents power producers, including wind energy generators; merchant transmission line developers; electric transmission operators; hydroelectric licensees; energy trade associations; and other entities.
Brian’s clients have included: Edison Electric Institute and other electric trade associations, Caithness Energy, GDF Suez Energy North America Inc., NaturEner, Calpine Corporation, San Francisco Bay Area Rapid Transit District, California Independent System Operator, and Sea Breeze Pacific Regional Transmission System.
Selected Experience
Litigation
Represented, and presented oral argument for, a group of entities, including the Edison Electric Institute and other trade associations, as intervenors in two U.S. Courts of Appeals and in a Petition for Certiorari to the U.S. Supreme Court. These representations were in support of FERC and Department of Energy regulations regarding federal back-stop transmission siting authority. Piedmont Environmental Council v. FERC., 558 F.3d 304 (4th Cir. 2009), cert. denied, 130 S. Ct. 1138 (2010); California Wilderness Coalition, et al. v. U.S. Department of Energy, 631 F.3d 1072 (9th Cir. 2011).
Represented, and presented oral argument for, independent power generator with regard to court appeal of FERC’s interpretation of the Federal Power Act. TNA Merchant Projects, Inc. v. FERC, 616 F.3d 588 (D.C. Cir. 2010)
Regulatory – electric
Drafted and filed applications to FERC for large wind power developer client to obtain market based rate authority and acceptance of shared facilities agreement.
Filed market-based rate tariffs and other rate schedules at FERC on behalf of a number of clients, advised clients on keeping tariffs in compliance with FERC regulations, and prepared and filed for clients electronic quarterly reports at FERC for power sales transactions.
Advised and represented generation clients with regard to negotiating and filing at FERC of interconnection agreements and coordinated operation agreements, as well as other issues generators have had with transmission owners.
Represented wind project developer at FERC concerning a dispute with Bonneville Power Administration over electric transmission contract and tariff issues.
Advised major independent power developer and other entities as to compliance with electric reliability requirements of the North American Electric Reliability Corporation.
Advised major owner of hydroelectric projects with respect to relicensing issues before FERC and U. S. Court of Appeals.
Represented a California transit district before FERC in connection with an application by its supplying utility to increase transmission rates.
Represented developer of merchant transmission line at FERC to obtain authority to charge negotiated rates for transmission service.