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- Transmission and Distribution
Covington has deep expertise and experience in electricity transmission and distribution issues. The team includes a former Commissioner at Federal Energy Regulatory Commission (FERC), a senior FERC electricity policy staff member, and a former General Counsel of Constellation Energy, each an expert on virtually every aspect of pricing, siting, planning and cost allocation for these resources. We represent utilities, customers, power producers, and wind and solar companies on the range of issues affecting the industry.
3rd Party Access to Distribution Resources and Required Retail Market Structure
Major national retail electricity supplier on the rules regarding 3rd party access to distribution resources and the retail market structure required to facilitate robust electricity supply competition in a dozen states including Texas, Pennsylvania, Illinois, Maine, Maryland, New York, Massachusetts and Ohio.
Hudson River Transmission Cable Installation
PSEG in structuring a project which would interconnect to Manhattan a 555 MW generating unit in New Jersey by means of a transmission cable to be installed under the Hudson River and advising on complex FERC open access, tariff, and other transmission issues.
Congestion Revenue Rights in California ISO
SDG&E in connection with a FERC and appellate court proceeding regarding congestion revenue rights in the California ISO.
Firm Transmission Service Successful Complaint
Southern Montana G&T Cooperative in a successful complaint at FERC involving firm transmission service, and on a range of disputes involving interconnection and transmission issues.
Transmission-Related Matters for PSEG
Represent PSEG, a large New Jersey electric utility, with respect to a range of FERC matters including financial incentives and favorable regulatory treatments for large transmission projects, cost allocation policy for certain transmission investments, and market based rates for a new generation project.
GridLiance Transmission-Related Matters
Represent independent transmission company, GridLiance (a Blackstone subsidiary), on a range of FERC matters including transmission rates including incentive rates, acquisitions of transmission and distribution infrastructure, and integration into RTOs.
Hedge Fund Investments
Represent various New York-based private equity hedge funds on a number of possible investments in U.S. transmission facilities, power generation, and interstate natural gas pipelines.
Transmission-Related Matters
Advise a private equity firm on several generation, transmission and wholesale market matters, including the regulatory issues and filings required for the creation of an independent transmission company and the FERC filings and state regulatory approvals required for various acquisitions of electricity facilities.
September 22, 2020, Inside Energy & Environment
The FERC approved a final rule that will enable distributed energy resource (DER) aggregators to compete in organized wholesale electricity markets. DERs are located on the distribution system or behind the customer meter and include electric storage resources, intermittent generation, distributed generation, demand response, energy efficiency, thermal storage, ...
July 1, 2020, Inside Energy & Environment
The Federal Energy Regulatory Commission (FERC) recently signaled that it is exploring ways to improve the cybersecurity of the U.S. electricity grid. On June 18, 2020, FERC issued a Notice of Inquiry (NOI) regarding whether some of its reliability standards regarding cybersecurity must be enhanced and whether the focus of its standards must change due...… ...
June 18, 2020, Inside Energy & Environment
The Federal Energy Regulatory Commission (FERC) has scheduled a conference on September 30, 2020 regarding carbon pricing in organized wholesale electricity markets. According to the conference notice, the purpose is to discuss “considerations related to state adoption of mechanisms to price carbon dioxide emissions…in regions with FERC-jurisdictional organized ...
May 26, 2020, Inside Energy & Environment
State regulation of net metering may be a thing of the past if a recent petition filed by the New England Ratepayers Association (“NERA”) with the Federal Energy Regulatory Commission (“FERC”) is granted. NERA’s petition requests that FERC (1) find that there is exclusive federal jurisdiction over wholesale energy sales from generation sources located on...… ...
May 20, 2020, Inside Energy & Environment
As described in an earlier post to this blog, the Commerce Department initiated an investigation under Section 232 of the Trade Expansion Act of 1962 into whether “laminations for stacked cores for incorporation into transformers, stacked and wound cores for incorporation into transformers, electrical transformers, and transformer regulators are being imported ...
National Security Tariff Investigation Targets Steel-Based Components of Electrical Transformers
May 12, 2020, Inside Energy & Environment
The Commerce Department on May 4, 2020, announced a new investigation under Section 232 of the Trade Expansion Act of 1962, examining whether “laminations for stacked cores for incorporation into transformers, stacked and wound cores for incorporation into transformers, electrical transformers, and transformer regulators are being imported into the United States ...
April 20, 2020, Inside Energy & Environment
A diverse group of stakeholders filed a request with the Federal Energy Regulatory Commission (FERC) to convene a public conference to discuss integrating carbon pricing into U.S. organized regional wholesale electricity energy markets. The group says it is not asking FERC to direct carbon pricing but instead to gather a wide range of stakeholders to...… ...
March 19, 2020, Inside Energy & Environment
The Midcontinent Independent System Operator (MISO), a Regional Transmission Organization (RTO), has proposed to the Federal Energy Regulatory Commission (FERC) tariff provisions that would treat electric storage facilities as transmission-only facilities if they provide the preferred solution to a transmission issue in MISO’s regional planning process. This is ...
December 3, 2019, Inside Energy & Environment
Electronic devices and their components marketed in the European Union and European Economic Area are subject to a morass of environmental and product safety requirements that is only likely to increase with the EU’s implementation of its Circular Economy Strategy in the near future. The requirements apply to all types of equipment, from sophisticated ...
April 24, 2019, Inside Energy & Environment
The European Commission (“Commission”) has published a Recommendation on cybersecurity in the energy sector (“Recommendation”). The Recommendation builds on recent EU legislation in this area, including the NIS Directive and EU Cybersecurity Act (see our posts here and here). It sets out guidance to achieve a higher level of cybersecurity taking into account ...
February 22, 2018
NEW YORK—Latinvex has named Covington partners Nicole Duclos and Gabriel Mesa among “Latin America’s Top 100 Lawyers” in 2018. Ms. Duclos represents clients in international commercial and investment arbitration, as well as transnational litigation. Clients interviewed by Latinvex praised Ms. Duclos’ extensive arbitration experience, noting that she is “ready to ...
April 17, 2017, Covington Alert
On April 7, 2017, the SEC’s Division of Corporation Finance (the “Division”) issued a statement indicating that it will not recommend enforcement action to the SEC if companies subject to the SEC’s conflict minerals reporting rule only file disclosure under the provisions of paragraphs (a) and (b) of Item 1.01 of Form SD, and not under paragraph (c) of Item ...
April 2017, Pratt's Energy Law Report
The Federal Energy Regulatory Commission issued a Policy Statement clarifying the flexibility electric storage resources have regarding rate designs to recover their costs. Wilbur ("Bud") Earley discusses these policies and rules, which are of interest to storage operators and investors, grid managers, other participants in Regional Transmission Organizations, ...
February 27, 2017
NEW YORK—Latinvex has named Covington partners Gabriel Mesa and Nicole Duclos among “Latin America’s Top 100 Lawyers” in 2017. Mr. Mesa counsels corporations in joint ventures and private mergers and acquisitions in Latin America and other emerging markets, as well as in the United States. A client described Mr. Mesa as "an excellent lawyer,” noting that his ...
September 12, 2013, Covington E-Alert
July 25, 2013, Covington E-Alert
October 25, 2012, Covington E-Alert
FERC Approves Rules to Improve Compensation to Demand Response in Organized Electricity Markets
April 1, 2011, Covington E-Alert
February 25, 2011, Covington E-Alert
January 11, 2011, Covington E-Alert
November 1, 2010, Covington E-Alert
October 29, 2010, Covington E-Alert
June 28, 2010, Covington E-Alert
May 13, 2010, Covington E-Alert
April 1, 2010, Covington E-Alert
March 29, 2010, Covington E-Alert
October 15, 2009, Covington E-Alert
September 24, 2009, Covington E-Alert
July 22, 2009, Covington E-Alert
February 17, 2009, Covington E-Alert
FERC Acts on Enforcement Compliance Policy, Standards of Conduct and Organized Electricity Markets
October 27, 2008, Covington E-Alert
September 24, 2008, Covington E-Alert