Covington has extensive experience representing a range of clients before the Federal Energy Regulatory Commission (FERC), the Nuclear Regulatory Commission, (NRC), the courts, Congress, and state legislatures on regulatory and related matters. Covington’s clients include investor-owned utilities, independent power producers, energy marketers and traders, oil and gas producers, wind producers, local distribution companies, electric cooperatives, large customers and end-users, financiers, project developers, institutional equity investors, the national wind energy association, and a coalition of electric generators, transmitters, distributors, and consumers.
Our representations encompass: mergers and acquisitions, corporate reorganizations, asset acquisitions and transfers; industry restructuring, transmission, Regional Transmission Organizations and Independent System Operator matters, market power analyses and mitigation; nuclear matters; electricity rates; enforcement and compliance matters; retail choice and competition, natural gas rates and certificates; contract disputes; power and other energy transactions; affiliate transactions; hydroelectric licensing; administrative litigation; and dispute resolution.
Representative Matters
- COMPETE, a large coalition of major electricity market participants, including Exelon, Constellation Energy Group, Sempra, Energy Future Holdings (formerly TXU), Reliant, Allegheny Energy, PSEG, Safeway, and Wal-Mart, in proceedings before FERC and in legislative, regulatory and public policy matters involving electricity and natural gas.
- Energy Transfer Partners and Oasis Pipeline, two large natural gas pipelines, in federal investigations by FERC and CFTC regarding alleged market manipulation and undue discrimination and in resulting litigation at FERC.
- Seven major energy trade associations, including the Edison Electric Institute and the Electric Power Supply Association, in preparing a White Paper on FERC Enforcement matters, presenting it to FERC, and paving the way for significant reforms to FERC’s enforcement program.
- PSEG on corporate issues and in successfully obtaining a FERC declaratory order on rate, open access, and tariff issues regarding the Cross Hudson project which will interconnect to Manhattan a 555 MW generating unit in New Jersey by means of a transmission cable to be installed under the Hudson River.
- KKR in proceedings concerning incentive-based rates and policies for electricity transmission under the Energy Policy Act of 2005.
- American Wind Energy Association in rulemaking proceeding before FERC to reform Order No. 888.
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