Energy

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Our attorneys not only understand the transformation of this sector but are immersed in leading the change.

Overview

Energy and regulation go hand in hand. Traditional players—public utilities, independent power producers, renewable energy companies, oil and gas companies—and new market entrants—community choice aggregators, energy service companies, distributed energy resource companies, and energy technology companies—look to us for insight into successfully navigating the evolving industry. Our attorneys not only understand the transformation of this sector but are immersed in leading the change. Much of the change is happening right now at the state level in areas such as California, New York, the Pacific Northwest, and Alaska; our energy attorneys are well positioned to serve you and your clients in each of those regions.

Depth of Experience

Decades of industry experience strengthen our understanding of our clients' trajectories and goals—whether in litigation, in transactions, or before regulators. Our California energy group has built a leading practice over the past four decades, gathering valuable experience and perspective along the way. California has one of the most active state utility commissions in the country, and our attorneys are highly respected before the California Public Utilities Commission. California looks to our firm for industry representation, and the country often looks to California to see what comes next. We've handled some of the toughest matters in California—let us help you translate that success into your own.

In New York, we are deeply involved in "Reforming the Energy Vision (REV)" and its far-reaching effects on energy project finance and transactions. In the Pacific Northwest and Alaska, our clients are leading and successfully navigating the transition to solar, wind, hydro, and hybrid fuels, even while ensuring crucial oil and gas strategies remain successful.

All energy policy at the state and regional levels eventually makes its way to FERC, and our Washington, D.C., lawyers are well equipped to serve you. Our energy team is composed of attorneys with backgrounds in government regulation—having practiced both within and before these agencies, we understand how they operate, and our clients benefit from this experience. Our team includes a former senior attorney from the Fraud Section of the Criminal Division of the Department of Justice who served as the Criminal Division liaison to the enforcement offices of both the FERC and the CFTC.

Students of the Industry

The energy sector is facing a moment of unparalleled transition. DWT isn't just responsive to that change, we are immersed in it. Our clients tell us we are energy geeks. We love that!

Charting the Future

Our clients rely on us to navigate the highly regulated energy sector, but also look to us for advice on how to help lead the change. We want to help you chart your future and lead the change. (View DWT's climate and sustainability commitment.)

Energy and Environmental Insights

From the evolution of energy sources, to the breakthroughs in industry technology, to the nuances of regulatory politics, every development is critical. We are passionate about the big and the small: sector-wide trends to client-specific innovation.
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Our Services

Electric

Utility mergers and acquisitions, regulatory compliance counseling, and energy project development are the cornerstones of DWT’s electric power practice. Entities throughout the sector - independent power producers, investor owned and municipal utilities - trust our track record and appreciate our industry proficiency. We are a team of skillful transaction attorneys who regularly advise on all stages of energy asset acquisition, development, financing, construction, and operation. We ensure that federal, state, and local compliance for our clients is clear and efficient. The heart of our practice, however, is our regulatory expertise. For decades, DWT attorneys have practiced before both state and federal regulatory agencies, developing the working knowledge and personal relationships that produce client success. Our experience before these entities is similarly invaluable and effective during litigation, which, while never the preferred option, is sometimes necessary.

Natural Gas

As with electric power, DWT’s natural gas practice is backed by decades of experience representing industry members in large-scale asset transactions, regulatory proceedings, permitting, and litigation. We represent clients in natural gas pipeline rate, certificate, and rulemaking proceedings before the FERC and in the federal courts of appeal, as well as on issues raised by tariff filings, including capacity release, creditworthiness standards, natural gas quality, and interchangeability issues. Our attorneys assist clients through the necessary and complex LNG permitting and regulatory proceedings, frequently involving multiple stakeholder groups. Our experience in settlement negotiation, support, or challenges at the FERC and in the federal courts of appeal is comprehensive. We also help our clients develop in-house compliance programs, comply with standards of conduct, and respond to enforcement investigations. And our familiarity with transactional matters like asset transfers, contracts, and third-party outsourcing is firsthand and considerable.

Renewable Energy

We don’t just understand renewable portfolio standards, we contribute to their development. Our lawyers have held senior positions at major U.S. investor-owned utilities, the Federal Energy Regulatory Commission, and as counsel to the U.S. Senate Committee on Energy and Natural Resources. We get the business of renewable energy, influence its regulation, and leverage this knowledge to offer our clients sound advice on projects, trends, and predictions. We also advise clients regarding the creation and trading of renewable energy credits (RECs). DWT’s investment and involvement in renewables are the results of our belief in a positive evolution of international, national, regional, and state climate change policies. As such, we advise our clients on climate change regulatory and litigation risk, California’s cap and trade program compliances, SEC disclosure requirements, state laws regarding GHG emission reductions, and strategies for marketing the output of GHG-free generating assets.

Areas of Expertise

CPUC
Our San Francisco team has over 20 years of experience successfully practicing before the California Public Utilities Commission, one of the most active and influential of its kinds in the country.
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Data Centers
We understand the intricate challenges you face when developing, operating, or leasing space in data centers across the United States. You need a trusted partner who can handle any legal issue which arises—and this is where we come in.
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Practice Highlights

We work on energy, oil & gas, and renewable projects every day. We are passionate about the industry. See what our team is up to currently.

Calpine Corporation

As lead counsel, we advise on significant regulatory proceedings before the CPUC; acquisitions including sales and service contracts; and the development of several behind the matter battery storage projects intended to provide peak shaving and load lifting service. As lead counsel, we also support their sale of retail electric service throughout the state.

Freeport Minerals Corporation

For almost two decades, we have represented Freeport Minerals Corporation (FMC) before the FERC and in related appellate proceedings with respect to the terms and conditions of the transportation service that brings natural gas to FMC’s mines, smelters, and refineries located in Arizona, New Mexico, and Texas. We also advise FMC on related gas procurement issues.

CalTrain

We represent CalTrain in negotiations of interconnection and facility construction agreements with respect to their Electrification project. CalTrain operates the commuter rail line between San Francisco and Silicon Valley/San Jose, which they plan to transition from diesel to electric power. The project will reduce greenhouse gas emissions, discourage the use of fossil fuels in the transportation sector, and increase capacity and speed.

CalCCA

We counsel the California Community Choice Association (CalCCA), which is a trade association that represents the interests of all CCAs throughout the state on two significant regulatory proceedings before the CPUC.

Providence Health & Services

Since 2013, we have represented Providence Health & Services (Providence) regarding a series of electric utility matters before the Regulatory Commission of Alaska (i.e., Alaska’s PUC). In order to mitigate a proposed doubling of electric rates at its Anchorage hospital, our work includes two fully-litigated rate cases (including a 5-week hearing in late 2017), and a proceeding that established Providence’s right to self-generate.

FirstEnergy

We provide FirstEnergy Corp. and its operating subsidiaries with regulatory, compliance, and transactional advice with respect to electric generation and transmission matters under the Federal Power Act and related tariffs administered by ISOs and RTOs (including PJM and NYISO).
Understanding the Business Goal
Energy partner and practice group chair Vid Prabhakaran discusses how our industry knowledge and enthusiasm for innovation help clients chart their future.

Energy Project Development & Finance

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Energy Regulation & Litigation

*Denotes an attorney's experience prior to joining Davis Wright Tremaine

Energy Transactions

*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Industry Contacts

Atkins, Sean
Sean A. Atkins
Partner
Co-chair, Energy, Natural Resources & Environmental Practice
Washington, D.C.
202.973.4294
Prabhakaran, Vidhya
Vidhya Prabhakaran
Partner
Partner-in-Charge, San Francisco
San Francisco
415.276.6568

Our Team

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