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Federal Energy Regulatory Commission (FERC)

Our energy practice group includes attorneys with decades of experience practicing before the Federal Energy Regulatory Commission (FERC). We combine familiarity with the broad range of energy policy issues confronting FERC with in-depth technical knowledge of its regulatory and licensing processes, rulemaking procedures, and compliance standards.

We participate regularly in hearings and settlement conferences and file applications, pleadings, briefs, and comments at FERC on behalf of a broad range of clients. In addition, we represent clients in subsequent federal court appellate proceedings both challenging and supporting FERC decisions.

We help clients navigate issues raised by the statutes administered by FERC, including the following:

  • Federal Power Act (FPA)
  • Natural Gas Act (NGA)
  • Natural Gas Policy Act of 1978
  • Public Utility Regulatory Policies Act of 1978 (PURPA)
  • Public Utility Holding Company Act of 2005 (PUHCA)

We represent a wide range of clients, including vertically integrated electric utilities, hydroelectric licensees, renewable and fossil-fueled generators, marketers, distribution entities, and transmission providers with interests that may be affected by FERC’s electric regulation. We regularly represent clients in:

  • FPA Section 205 market-based and cost-based rate approvals for wholesale power sales
  • FPA Section 203 authority for the acquisition and/or disposition of jurisdictional facilities
  • FPA Section 204 authority for the issuance of securities and other corporate transactions
  • Generator interconnection issues
  • Electric transmission tariff and access issue
  • FERC rulemakings affecting the electric industry
  • PURPA matters
  • Obtaining qualifying facility (QF) status
  • Temporary waivers of QF standards
  • Issues related to avoided-cost rates

Project developers regularly seek our assistance in structuring their projects to facilitate regulatory compliance. We also have substantial experience representing applicants and licensees in connection with the licensing and regulation of hydroelectric projects under the FPA and related statutes, including the Clean Water Act and the Endangered Species Act.

Natural Gas
We represent utilities, local distribution companies, power generators, industrials, gas gatherers and processors, and marketers in gas pipeline rate proceedings under Section 4 of the NGA. We have substantial experience litigating and settling such rate proceedings at FERC and have also filed and defended NGA Section 5 complaints. We advise clients on issues associated with NGA Section 7 certificate and Part 284 blanket certificate regulations; regulation of gas storage facilities; compliance with standards of conduct requirements, capacity release rules, and other gas reporting requirements; and tariff and rate issues associated with LNG, shale gas and other new gas supply options, including compliance with pipeline gas quality and interchangeability tariff restrictions.

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