In the electric power sector, we represent and advise a diverse group of clients on project development, energy trading, energy transactions, mergers and acquisitions, litigation, and federal and state regulatory matters.
Energy project development and finance: We represent independent power producers, investor-owned utilities, and municipal utilities in the acquisition, development, financing, construction and operation of electric generating facilities. Our experience includes natural gas, wind, solar, hydropower, geothermal, and biomass facilities. We also regularly handle the related issues regarding interconnection and transmission agreements.
Buying and selling of electricity: Our lawyers represent buyers and sellers of electricity at both the wholesale and retail level, including associated issues regarding transmission agreements, security and hedging.
Mergers and acquisitions: We represent utilities and project developers in connection with the acquisition and divestiture of generation and transmission assets. Because we combine industry-related expertise with a full stable of corporate transactional lawyers, we are able to handle the entire range of issues that arise in the context of a major transaction.
Federal and state: Our energy regulatory lawyers regularly represent renewable and thermal-powered electric generators, investor-owned utilities, municipal utilities, power marketers, and electric industry trade associations. We advise clients on matters within the jurisdiction of the Federal Energy Regulatory Commission (FERC), including rates for generation and transmission service, mergers and acquisitions, and compliance with FERC regulatory requirements under the Federal Power Act, the Natural Gas Act, the Public Utilities Holding Company Act of 2005, and the Public Utility Regulatory Policies Act of 1978. We also represent and advise clients on matters within the jurisdiction of the California Public Utilities Commission and other state public utility commissions, the Bonneville Power Administration and other federal power marketing agencies, and state energy facility siting authorities.
Electric reliability compliance: We advise electric clients with respect to compliance with the mandatory electric reliability standards adopted by FERC and enforced by the North American Electric Reliability Corporation (NERC) and the Regional Entities.
Hydroelectric licensing and compliance: Our energy lawyers have the breadth and depth of experience to provide top-quality legal advice regarding virtually any hydroelectric licensing or compliance matter. They are very familiar with all three of FERC’s relicensing processes (traditional, alternative and integrated), as well as the wide variety of substantive licensing and compliance matters that are administered by FERC under the Federal Power Act. We are also knowledgeable about the process of obtaining a state water quality certification under Section 401 of the Clean Water Act, and are very experienced in navigating the requirements of the Endangered Species Act.
Litigation is never the preferred option, but it is sometimes necessary to achieve the desired outcome. When that occurs, our clients have access to an extraordinarily deep bench of lawyers who litigate matters in both federal and state court, as well as before federal and state agencies, such as FERC and state PUCs. Among other energy-related statutes, we have litigated on many occasions under the Federal Power Act, the Clean Water Act, the Endangered Species Act, and the National Environmental Policy Act. In addition, we regularly litigate contractual disputes that arise in the context of energy projects. Because of the volume of litigation handled by our lawyers, we are able to provide far greater experience and efficiencies than smaller firms that litigate on a less frequent basis.