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Regulatory Advocacy

DWT's Energy Practice Group focuses extensively on all aspects of electricity, hydropower and natural gas regulation at the Federal Energy Regulatory Commission, the Regulatory Commission of Alaska, the California Public Utilities Commission, and other western state public utility regulatory and energy project siting commissions.

 

Representative Transactions

  • Representation of industrial end-users, fuel suppliers, power generators and marketers in rate, rulemaking and policy proceedings before the California, Washington, Idaho, Oregon, Montana, Wyoming, Nevada, Arizona, and Alaska commissions and the Bonneville Power Administration.

  • Obtaining FERC Exempt Wholesale Generator and Qualifying Facility status, and FERC authority under Sections 203, 204, and 205 of the Federal Power Act for generators and marketers to acquire and dispose of assets, issue debt, and sell power and ancillary services at market-based rates.

  • Representation of independent power producers, gas producers and shippers, marketers and customers in California electric and natural gas restructuring policy proceedings and rulemakings before the California PUC, California Energy Commission and FERC.

  • Representation of electric generators in negotiations with the California Independent System Operator Corporation (CAISO) and in CAISO proceedings before FERC.

  • Representation of industrial customers and project developers in PURPA proceedings in California, Nevada, Idaho, Oregon and Washington.

  • Representation of industrial customers of Portland General Electric Co., Pacific Power & Light Co., Puget Sound Energy and Idaho Power Co.

  • Provision of regulatory advice and litigation support relating to Pacific Gas and Electric Company’s bankruptcy and Southern California Edison Company’s lack of creditworthiness.

  • Maintaining marketers’ and generators’ compliance with FERC filing and reporting requirements.

  • Negotiation of restructuring of 130 MW power purchase agreement with Pacific Gas and Electric Company and obtaining regulatory approval for the transaction.

  • Representation of industry trade associations in FERC hydroelectric rulemaking proceedings.

  • Representation of small-scale hydroelectric project developers before Oregon regulatory agencies and FERC.

  • Representation of natural gas utility in obtaining California PUC decision increasing the cost cap for its construction of new natural gas distribution facilities.

  • Representation of natural gas utility in obtaining California PUC decision reducing by 90% a disallowance proposed by California PUC staff for the utility’s natural gas procurement and storage activities during the 2000-2001 California energy crisis.

  • Representation of California municipal utility in reversing application of certain utility public purpose surcharges to the municipal utility.

  • Representation of large energy users in California PUC rate proceedings to impose peak pricing tariffs.

  • Representation of large energy users in California PUC proceedings in which utilities sought to impose curtailment penalties for the failure of the energy users to curtail service during the 2000-2001 California energy crisis.

  • Representation of clients in proceedings to approve and site high-voltage electric transmission lines.

  • Advice to investment and hedge funds on state regulatory developments affecting value of potential investments.

 

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