Federal Regulation of Electricity & Gas
Troutman Sanders has one of the largest and most successful federal energy practices in the United States, with over 25 attorneys engaged exclusively or primarily in matters before the Federal Energy Regulatory Commission (FERC), other federal agencies and the U.S. Congress. Many of our energy regulatory lawyers have spent their entire careers representing clients in all facets of the domestic electric and natural gas industries. Some have either written or influenced key provisions of federal statutes and regulations, such as the Energy Policy Acts of 1992 and 2005.
Several members of our team served in high-level positions at FERC, including co-section chief Cliff Sikora (Legal Advisor to a Commissioner and Supervisory Attorney) and practice group leader Dan Larcamp (Chief of Staff), and maintain excellent relationships with FERC Commissioners and Staff. In addition, partner Bonnie Suchman served as DOE Special Counsel for Electric Utility Restructuring and partner Lara Skidmore served as an attorney at the U.S. Government’s Bonneville Power Administration. Our bench is also deep with senior, mid-level and junior associates who bring significant energy regulatory experience and client contacts to the table.
The firm's eight energy-related practice teams engage in all aspects of federal electricity and gas regulation, and work closely with attorneys in other groups to serve fully the needs of our electric and gas clients.
Natural Gas Regulation (Lisanne Crowley, 202.274.2814, )
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Natural gas utility ratemaking and rulemaking proceedings.
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Negotiation of natural gas supply and purchase contracts, natural gas transportation contracts, gathering contracts, exchange contracts, and natural gas trading contracts.
Electric Transmission (William R. Derasmo, 202.274.2886, )
- Negotiation of interconnection agreements, transmission service and operating agreements.
- Filing and litigation of transmission service rates.
Electric Generation & Markets (Jeffrey M. Jakubiak, 212.704.6281, )
- Electric utility merger proceedings at FERC and the DOJ.
- Authorization and renewal of electric market-based rates.
Electric Reliability (Matthew D. McVee, 503.290.2320, )
- NERC/FERC audits and investigations of Reliability Standards compliance.
- Advice on application/implementation of Reliability Standards.
Energy Commodities & Trading (John J. Leonti, 949.622.2769, )
- Advice on trading and marketing of commodities and financial products and the hedging of risks through swaps and other derivatives, including Title VII of the Dodd-Frank Act.
- Particular focus on energy products, including environmental products, such as emissions allowances and credits and renewable energy certificates.
Energy Oversight, Investigations & Enforcement (Amie V. Colby, 202.274.2922, )
- Development and establishment of internal codes of conduct governing inter-affiliate sales of goods and services and the sharing of market information.
- Defense of FERC Office of Enforcement investigations of energy trading and Standards of Conduct compliance.
Energy Policy & Legislation (Bonnie A. Suchman, 202.274.2908, )
- Development of energy policy initiatives and related legislation.
- Advice on industry rulemakings and Congressional hearings.
Energy & Utility Construction (Frank E. Riggs, 404.885.3353, )
- Provision of procurement advice, contract drafting and contract negotiation assistance to utility owners and energy constructors across the country and internationally.
- During the course of energy construction projects, the Team provides disputes-avoidance counseling, including project documentation assessments, in-house training in risk management techniques, and counseling of project staff in the review and resolution of potential claims.
Notably, the firm has been involved in the following recent high profile and precedent-setting regulatory matters:
Corporate Accountability, Compliance & Enforcement Actions
The firm has represented and advised numerous utilities on investigations related to energy trading, FERC’s Anti-Manipulation Rules, and Reliability Standards, including negotiation of settlements, defense of investigations and enforcement actions, and preparation for and representation at on-site audits by FERC and NERC investigators.
Mergers & Acquisitions
The firm has obtained prompt FPA Section 203 approvals for many critical merger and acquisition transactions including, most recently, Emera Inc./Algonquin Utilities/First Wind (2011), Emera Inc./Algonquin Utilities (2011), UniSource Energy Development/UNS Electric (2011), BHE Holdings/Maine & Maritimes Corp. (2010), PPL Corp/LG&E/KU (2010), Tucson Electric Power Company (2010), PacifiCorp (2009) and Public Service Company of New Mexico (2009).
Corporate Restructurings & Divestitures
The firm achieved precedent-setting FERC approvals for (a) the formation and spin-out of an unregulated, generation-only subsidiary of a large public utility holding company with a long-term market-based power sales arrangement back to its franchised public utility affiliate and (b) the formation and spin-out of a stand-alone, transmission-only business from a large electric utility, with highly favorable rate and tax treatment.
Western Energy Crisis
The firm continues to be involved in the ongoing litigation arising from the Western Energy Crisis of 2000-2001, having represented to date five, unrelated utilities in investigations, litigation and settlement discussions related to the Crisis.