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James K. Mitchell

Jim Mitchell has had more than 30 years of experience in federal electric utility regulation, representing clients in a wide range of proceedings before FERC. He has done extensive work in mergers and acquisitions, financing, accounting matters, bulk-power rates, and interconnection procedures. Jim has helped power project developers obtain Qualified Facility status, and has advised numerous clients regarding regulations on independent power producers and marketers. His work includes regulatory assistance on transmission access and participation in organized wholesale electricity markets, including those administered by ISO New England, PJM Interconnection, and Midcontinent Independent System Operator.

Jim's clients include: FirstEnergy Corp., Green Mountain Power Corp., and Alliant Energy Corp. 

Representative Experience

FERC general for FirstEnergy Solutions

Representing FirstEnergy Solutions Corp. in litigation regarding reliability support service agreement for generator connected to New York Independent System Operator. (Ongoing)

Qualifying Facility matters for FirstEnergy Services

Participating in litigation regarding ability of state regulatory authorities to determine that under state law, a public utility purchasing electricity from an entity that is a QF under the Public Utility Regulatory Policies Act of 1978 (PURPA) is entitled to any renewable energy credits associated with that electricity. Also providing advice and assistance regarding obligations under PURPA for regulated public utilities to purchase electricity from QF at "avoided cost" rates. (Ongoing)

Regulatory - electric for utility companies

Regularly assists utility companies to comply with FERC rules, regulations, and orders governing the sale of electricity at market-based rates, including FirstEnergy Corp., Green Mountain Power Corp., and Alliant Energy Corp. (Ongoing)

Litigation for Unisource Energy Services

FERC has ruled after completion of a full evidentiary hearing that Tucson Electric Power Company, a subsidiary of UniSource Energy, is entitled to have electricity transmitted by El Paso Electric Company from a newly constructed generation plant at Luna, N.M., to the Tucson Electric system under a 1982 agreement between Tucson Electric Power and El Paso Electric. In so doing, FERC rejected El Paso Electric's claim that Tucson Electric Power was required to purchase and pay for such service under El Paso Electric's open access transmission tariff. (D.C. Cir. 2011)

Professional & Community Activities

  • Energy Bar Association
  • Legal Committee, Edison Electric Institute