We have successfully represented numerous clients including private equity firms, investment banks, foreign investors, sovereign wealth funds, independent power producers, investor owned utilities and wind and solar producers concerning the FERC and state regulatory approvals often required for mergers and acquisitions of electricity facilities. In addition, we advise a diverse client base of utilities, generators, financial investors, demand response providers, and end use customers in rate-related proceedings before FERC and state regulatory commissions. We advise on incentives rates for new transmission infrastructure, market based rates, capacity markets, interconnection agreements and disputes, sale-leaseback transactions, complaints alleging undue discrimination, contract disputes, terms and conditions of pipeline certificates, price formation, surveys, indices, and transparency issues.
Representative Matters
- Pepco Holdings, Inc. on the negotiation and sale of its 3800 MW Conectiv Energy wholesale power generation business to Calpine Corporation, including securing the necessary FERC approval under the Federal Power Act.
- China Investment Corporation in successfully obtaining orders from FERC and the New York PSC approving its acquisition of a 15% interest in AES Corporation.
- COMPETE Coalition on a wide range of FERC and state regulatory matters involving capacity markets, wholesale and retail market structure and competition issues, electricity rates, RTO markets and transparency issues.
- PSEG, a large New Jersey electric utility, with respect to a range of transmission-related matters including financial incentives and favorable regulatory treatments for large transmission projects, cost allocation policy for certain transmission investments, and market based rates for new generation projects. We advised on the Northeast Grid Reliability Project sponsored by PSEG, a transmission investment of almost $1 billion, and in particular with respect to the rate incentives applicable to the project. FERC granted a range of incentives for the project. In a separate representation, we advised PSEG in a FERC proceeding that secured rate incentives and certain favorable regulatory treatments for PSEG’s construction of five large high-voltage transmission projects.
- Energy Future Holdings (the successor to Texas Utilities Corp.) on a range of FERC public utility matters.
- Oncor Electric Delivery (a subsidiary of Energy Future Holdings) in the sale of a 20% interest in Oncor to Borealis and GICSI.
- San Diego Gas and Electric (SDG&E) on a wide range of FERC matters, including the extensive refund proceeding arising from the California electricity crisis of 2000-2001, the allocation of so-called Congestion Revenue Rights by CAISO, and certain interconnection and cost allocation matters.
- Comverge, Inc. a prominent demand response provider and technology company, in FERC matters on regulations pertaining to demand response, including measurement and verification issues, and, in particular, proceedings involving demand response in the PJM Interconnection.
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