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Admitted to Practice

  • New York, 2006
  • U.S. District Court Eastern District of New York
  • U.S. District Court Northern District of New York
  • U.S. District Court Southern District of New York
  • U.S. District Court Western District of New York

Languages

  • Spanish

Carlos E. Gutierrez

GutierrezCarlos
Counsel
T212.603.6402
F212.489.8340
Carlos E. Gutierrez has over a decade of experience advising clients in federal and state regulatory energy matters, primarily before the Federal Energy Regulatory Commission (FERC) and state public utility commissions. He counsels on compliance with the Federal Power Act and the North American Electric Reliability Corporation (NERC) and Regional Entity reliability standards, and represents clients in audits and enforcement action proceedings. Carlos also drafts and negotiates energy agreements, including power purchase agreements, interconnection agreements, and transmission service agreements, and advises on ISO/RTO tariff matters.

Practice Highlights
  • Negotiated and drafted numerous large generator interconnection agreements in New York; assisted in the drafting of a merchant transmission to transmission interconnection agreement template for use in New York
  • Negotiated and drafted many transmission to distribution and transmission to transmission interconnection agreements in the PJM Interconnection service territory
  • Regularly advises clients and participate in the filing of FERC jurisdictional service agreements utilizing the Commission’s eTariff system
  • Advises clients in seeking FERC (section 203) authorization for the sale, merger and acquisition of FERC regulated energy companies as well as FERC jurisdictional transmission assets
  • Advised utility in New York regarding the preservation of grandfathered transmission rights before the FERC
  • Represented a New York utility in several rate case proceedings as well as energy policy making proceedings before the New York Public Service Commission
  • Represented a New York utility in a FERC proceeding that restructured the capacity markets administered by the NYISO
  • Advised client on FERC hydroelectric licensing matters including the development of pre-application materials, participation in scoping meetings and preparation of application documentation for a major water power project

Representative Experience

Refinancing of Working Capital Facility for USG&E*

Served as energy/regulatory counsel to USG&E, a retail supplier of natural gas and electricity in several states, in connection with a $75 million refinancing of its working capital facility with Macquarie. (2012)

Solar and Wind Development for Philadelphia Eagles*

Represented the Philadelphia Eagles in connection with the construction and installation of approximately three MWs of solar and wind generation at the Eagles Lincoln Financial Stadium. NRG will own and operate the renewable energy systems and sell power to the Eagles under a long-term power purchase agreement. (2012)

Transaction for New York State Electric & Gas Corporation ("NYSEG") and Pennsylvania Electric Company ("PENELEC")*

Represented New York State Electric & Gas Corporation (“NYSEG”) and Pennsylvania Electric Company (“Penelec”) in connection with the transfer from Edison Mission to GE Capital of the 1,884 MW Homer City coal-fired generating facility located in Indiana County, Pa. The transaction, which required numerous regulatory approvals, including the approval of the Federal Energy Regulatory Commission, closed on December 14, 2012. NYSEG and Penelec, as former owners of the facility, continue to jointly own the substation that serves the facility. Numerous contracts and arrangements among Edison Mission, GE Capital, NYSEG, and Penelec were implicated in this transaction. (2012)

Acquisition of Membership Interest in Parent of Energy Service Companies*

Represented MVC Private Equity Fund, L.P., a subsidiary of MVC Capital, Inc., in its acquisition of a substantial membership interest in the parent of energy service companies Plymouth Rock Energy, LLC (“Plymouth”) and Falcon Energy, LLC (“Falcon”) along with control of the boards of directors of Plymouth and Falcon. Plymouth markets retail electricity and natural gas in New York and New Jersey, and Falcon markets natural gas in New York. (2011)

Portfolio Sale of 11 Landfill Projects for Innovative Energy Systems, Inc.*

Represented Innovative Energy Systems, Inc. of Oakfield, NY (“IES”) in the sale of IES’s portfolio of 11 landfill gas-to-energy projects located in New York and Vermont to a subsidiary of Energy Investors Funds. The IES portfolio consisted of developed projects with an installed capacity of 72 MW of reliable renewable energy. (2011)

Revolving Credit Facility for Laser Northeast Gathering Company*

Represented Laser Northeast Gathering Company, LLC (“Laser”) in connection with a $190 million revolving credit facility agented by Bank of America, to finance the construction and operation of a new gas gathering system in Susquehanna County, Pennsylvania and Broome County, New York, serving Marcellus Shale gas producers. (2011)

Refinancing for USG&E*

Represented U.S. Gas and Electric, Inc. (USG&E) in its refinancing of its natural gas working capital credit facility. USG&E, which supplies retail natural gas service, refinanced its credit facility through a global supplier of energy commodity and financing services, which entity will also be USG&E’s exclusive supplier of natural gas for resale to retail customers. (2010)

Acquisition of Energy Services Providers, Inc. (ESPI) for USG&E*

Represented U.S. Gas & Electric, Inc. (USG&E) in its acquisition of Energy Services Providers, Inc. (ESPI), making USG&E one of the top 10 energy marketers in the United States. Our client acquired ESPI, a certified retail supplier of electricity in several states including New York, in order to expand the scope of services it could provide its existing natural gas customers in New York and elsewhere. (2009)
* Denotes experience completed at a prior firm

Additional Qualifications

  • Associate, Blank Rome LLP, New York, N.Y., 2010-2015
  • Attorney, New York Power Authority, White Plains, N.Y., 2005-2010
  • Summer Associate, Anspach Meeks Ellenberger LLP, Toledo, Ohio, 2003 and 2004

Professional Recognition

  • Listed as "Up and Coming" in Energy: State Regulatory & Wholesale Electric Market (New York) by Chambers USA, 2017