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We have successfully represented numerous clients in electric rate litigation and rulemaking proceedings before FERC. We have analyzed and continue to advise on a diverse range of issues including: incentives rates for new transmission infrastructure, the “backstop siting” provisions under the Energy Policy Act of 2005, market based rates, power marketing certificates; price formation, surveys, indices, and transparency issues. In addition, we advise a wide range of clients on FERC and state requirements regarding prior approval for corporate transaction.
Representative Matters
- KKR and Texas Pacific Group in their successful acquisition of TXU Corp. for $45 billion, the largest leveraged buyout in history. We also provided counsel on energy regulatory, climate change, government affairs, and public policy matters.
- China Investment Corporation in successfully obtaining orders from FERC and the NY PSC in connection with its investment in AES.
- PSEG in successfully obtaining a FERC declaratory order on rate, open access, and tariff issues regarding the Cross Hudson project which would have interconnected to Manhattan a 555 MW generating unit in New Jersey by means of a transmission cable to be installed under the Hudson River.
- King Street Capital on a range of FERC regulatory matters and transaction approvals involving electric generating assets.
- A range of clients on matters involving FERC's market-based rates program for electric generation.
- Southern Montana Electric Cooperative in a dispute with NorthWestern Energy.
- KKR in a rulemaking proceeding concerning incentive based rates for electric transmission under EPAct 2005.
- Arkansas Electric Cooperative in a range of disputes with Entergy.
- SDG&E in establishing formula transmission rates.
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