Electric Transmission
Troutman Sanders is a leading U.S. law firm regarding all aspects of electric transmission: regulation, acquisitions, development, EPC contracts, pricing, cost allocation, open access tariffs, siting and other related matters. The firm has significant experience representing private and public utilities, large public power entities, as well as financial institutions and contractors. Our lawyers practice before the Federal Energy Regulatory Commission (FERC) and state regulatory commissions and have a long track record of success regarding regulatory solutions to meet clients’ business objectives. We are known for ground-breaking approaches that maximize the value of clients’ assets and business plans in the transmission market. Perhaps, most importantly, we understand how the grid works -- from control area operations to reliability standards to ancillary services and planning. Our in depth knowledge of system operations separates us from our competitors.
Our lawyers have represented investor-owned and large public power utilities, both within RTO regions and outside of RTO regions, on the full range of regulatory issues facing a transmission provider. Many of the firm’s attorneys began their careers working on traditional cost-of-service rate cases or rate complaints, and continue to be heavily involved in such matters. Our attorneys are steeped in the particulars of all open access transmission tariff (OATT) provisions, for both single company and RTO OATT scenarios. The firm has been deeply involved in several cases at the center of the national debate on regional and inter-regional transmission cost allocation. In the wake of Order No. 1000, the firm’s attorneys will continue to be deeply enmeshed in such issues, as well as the evolving requirements associated with regional transmission planning.
The firm was the lead counsel for the creation of the first fully-independent transmission company. Since that time, the firm has been deeply involved in cutting edge transmission development for both AC and DC merchant line projects. For instance, most recently the firm has worked on incentive rate applications for investor-owned transmission development projects and has also represented a capacity off-taker for a DC merchant line connecting two RTO regions. New transmission projects use a variety of models, including participant-funded, open-season, regionally cost-allocated, traditional rolled-in and other hybrid approaches. The firm is well-situated to maximize the value of any model employed.
The firm has extensive experience in the construction of new transmission. Troutman Sanders is an industry leader in the provision of legal services to transmission developers (utilities and/or independent parties), EPC contractors, financial institutions, tower manufacturers and other transmission-related service providers. Our team is unique in that it combines the skill sets of attorneys who have vast experience in core business counseling for utilities and other power providers with the skill sets of EPC, construction, environmental and real estate lawyers. The firm’s representations include major M&A transactions, all aspects of project development and ownership arrangements, line siting and permitting, EPC contracting, project trouble-shooting to avoid disputes, and construction ADR and litigation when disputes cannot be avoided. We have helped clients build transmission lines to serve traditional utility needs, to serve independent power producers, to serve renewable energy plants and for purely merchant purposes. Currently, the firm is working with several utilities on major regional transmission projects, including incentive rate filings at FERC.
In terms of rate cases, the firm is currently engaged in major transmission rate case litigation on behalf of utilities within and outside of RTO’s, particularly in the West. In addition, Troutman Sanders was lead counsel for a group of wind generators in a Complaint and Petition for Order against the Bonneville Power Administration, where the Commission for the first time exercised its authority under the Energy Policy Act of 2005 to order an unregulated transmitting utility to cease unduly discriminatory transmission practices and file an Open Access Transmission Tariff that meets the FPA Section 211A standards.