Experience Results

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Natural Gas Storage Proceedings
Represent Jackson Prairie underground natural gas storage project in matters involving certificates and expansions.
Natural Gas Service Documentation
Drafted, negotiated, and advised clients with respect to precedent agreements, interconnect agreements, service and rate agreements, and capacity release.
Corporate Restructuring and Divestitures
Responsible for developing and implementing integrated regulatory and antitrust strategies to effectuate business reorganizations, acquisitions, and expansions.
Nuclear Power Plant Development
Counsel for public utility company in development of new nuclear generating units.
Franchises
Represent a major electric utility in negotiation of municipal franchises for location of facilities, and in review of existing franchises as part of due diligence for proposed acquisition.
Interlocking Directorates
Counsel investor-owned utilities regarding FERC regulations on interlocking directorates.
Environmental Counseling
Advocate for clients on air quality issues, particularly those affecting electric generation and other energy-related activities.
Environmental Regulation
Represent individual companies and trade associations on the gamut of air quality issues affecting coal-based electric generation.
Environmental Externalities
Represent individual companies and trade associations in a number of state public utilities commission proceedings.
Interconnections: Rulemaking Proceeding
Provided advice to investor-owned electric utilities in FERC rulemaking proceedings regarding generator interconnections.
Qualifying Facilities ("QFs")
Represent investor-owned utilities in matters involving all aspects of the implementation of PURPA.
Qualifying Facilities ("QFs")
Representation of electric utility in co-generation cases under PURPA Section 210.
Fuel Cost Recovery
Representation of major electric utility in several fuel cost recovery proceedings.
Contract Disputes
Represent utilities in Federal Energy Regulatory Commission proceedings involving contract interpretation disputes.
Corporate Accountability, Compliance, and Enforcement Actions
Represent several companies in investigative proceedings initiated by the Federal Energy Regulatory Commission.
Corporate Accountability, Compliance, and Enforcement Actions
Advise utilities and other energy companies with regard to development of corporate and wholesale trading codes of conduct.
Corporate Accountability, Compliance, and Enforcement Actions
Developed compliance programs for FERC's market behavior rules.
Corporate Accountability, Compliance, and Enforcement Actions
Undertook legal and regulatory compliance audits for several large utilities as well as a large energy trading company after the collapse of Enron.
Purchases of Power from Cogeneration Facilities
Representation of electric utilities in proceedings to determine the prices paid to qualifying facilities
Natural Gas FERC Policy
Advised clients and drafted comments in FERC rulemakings on many issues.
Natural Gas Cross-Border Activities
Advise and counsel clients regarding licenses and other authorizations necessary to engage in various cross-border activities.
Energy Commodity Trading & Marketing - Gas Auction
Structuring and drafting the contractual documentation to implement the exchange of gas and to manage the credit and legal risk of a company's auction of gas.
Electric Utility Rate and Service Issues
Prosecution of rate and tariff matters.
Litigation - California Energy Crisis
Represent a public utility company as defense counsel in an antitrust action brought by the California state attorney general alleging a conspiracy to overcharge citizens for energy.
Electric Utility Rate and Service Issues
Out-of-state counsel on national research and advice on sharing arrangements for off system sales.
Military Privatization
Out-of-state counsel on national research and advice on privatization of distribution facilities on military base.
Litigation Arising Out of Superfund Site
Superfund remedial investigation/feasibility study.
Mergers and Acquisitions - Coal, Gas and Hydroelectric Power Plants
Representation as lead counsel in the sale or purchase of thousands of MW of coal-fired, gas-fired, and hydroelectric generating plants.
Legislative Counseling
Provides counsel and advice to a number of U.S. investor-owned utilities regarding implementation of the Energy Policy Act of 2005.
Energy Trading
Counsel for independent power providers, utilities, equipment manufacturers, industrial interests, individuals, and other companies.
Electric Market-Based Rates
Represent Independent System Operator regarding FERC proposal for market based rate authorizations.
Energy Trading: Natural Gas
Advise utility and non-utility gas commodity traders on regulatory matters, provider trainer training, and other related projects.
Energy Trading
Negotiate and draft standard and customized gas physical and financial trading documentation.
Electric Market-Based Rates
Represent more than 30 entities in FERC proceedings concerning original or renewal authorizations for electric market-based rate authority.
Energy Commodity Trading & Marketing - Liberalization and Deregulation of Commodity Markets
Various governmental and NGO funded projects to advise regulators and utility executives.
Legislative Counseling
Provides legislative advice to the Canadian electricity trade association.
Electric Transmission Pricing and Transmission Rate Design
Represent independent system operator regarding FERC proposal for long term transmission rights.
Electric Transmission Pricing and Transmission Rate Design
Represent large Midwestern utility in FERC litigation and settlement proceedings involving transmission pricing and transmission rate design.
Fuel Cost Recovery
Representation of electric utility in Virginia fuel factor cases.
Alternative Energy Technologies
Represents clients on issues relating to alternative and emerging energy technologies.
Territorial Assignment
Counsel for major electric utility on various electric territorial assignment cases.
Greenhouse Gases
Testified before Congress on U.S. EPA's authority to regulate greenhouse gas emissions.
Alternative Energy Technologies
Represent client in financing and development of solar technology project to be located on Native American land.
Telecommunications
Represented a major utility system concerning the formation of a regional digital mobile radio service carrier.
Greenhouse Gases
Represent trade association and public interest organization in "air pollutant" litigation.
Greenhouse Gases
Represent defendant companies in litigation asserting that utility emissions of carbon dioxide constitute an actionable tort in federal courts in New York and Mississippi.
Tariff Administration
Provide advice and counsel to investor-owned utilities on the administration of their open access transmission tariffs ("OATTs").
State Lobbying for Utilities
Lobby for enactment or amendment of Georgia statutes affecting utilities.
Hydroelectric Projects: Compliance
Representation of and advice to large investor-owned utilities regarding land use management and other compliance issues.
Water and Sewer Companies
Representation of water and sewer companies in numerous rate cases, transfer approvals, certificate of public convenience and necessity (CPCN) and service territory matters in Virginia.
Hydroelectric Projects: Licensing/Relicensing
Representation of and advice to large investor-owned utilities and municipalities on licensing and relicensing cases including settlement agreements.
Natural Gas Pipeline Litigation Proceedings
Represent client in FERC pipeline rate proceeding involving precedent-setting operational, cost allocation, and rate design issues.
Integrated Resource Planning
Advise investor-owned utility regarding options for acquiring additional generation capacity to satisfy anticipated load growth within its service area.
Utility Promotional Practices
Represent major utility with respect to antitrust compliance to energy marketing programs.
Utility Affiliate Transactions
Represented and counseled utilities in FERC proceedings involving revised standards for affiliate power sales transactions.
Air Quality
Represent a client on Title V and NSR permitting of a major existing surface coal mine in Arizona subject to the split jurisdiction of EPA Region 9 and the Navajo Nation.
Utility Affiliate Transactions
Representation of energy companies in matters involving affiliate transactions, the formation of holding companies, service companies, transfer pricing and diversification.
Acquisition of Two Power Plants Valued at $410 Million
Represented a large regional energy company in structuring and negotiating its $410 million acquisition of DeSoto County Generating Company, LLC (DeSoto) and Rowan County Power LLC.
Interconnections
Analyze and revise interconnection agreements for large investor-owned utility.
Fuel Cost Recovery
Out-of-state counsel on national research and advice on fuel cost recovery issues.
Regional Transmission Organization Implementation
Represent independent system operator in obtaining approval of resource adequacy program and tariff provisions.
Generation Acquisitions
Assessment of concentration effects, determination of mitigation options, FERC and Hart-Scott-Rodino review of generation acquisitions.
Regional Transmission Organization Implementation
Representation of utility systems in RTO development efforts and RTO relationship issues.
Coal Mining
Long-term representation of multiple coal mines on a variety of permitting, employment, commercial, regulatory and litigation issues.
Condemnation
Lead counsel for public utilities in condemnation proceedings.
Coal Contracts
Long-term representation of large-scale purchaser of coal and rail transportation services for generation stations of multiple utilities.
Coal Contracts
Represent client in negotiation of coal and transportation contracts related to its coal-fired power plants.
Interconnections
Provided advice and counsel to investor-owned utilities on generator and transmission interconnections.
Regional Transmission Organization Implementation
Represent an independent system operator in the design of competitive wholesale energy and ancillary service markets, transmission service tariff issues and general tariff administration matters.
Antitrust Litigation - California Energy Crisis
Defense of state antitrust claims arising out of the California electricity crisis for a number of clients.
Requests for Proposals
Draft requests for proposals ("RFPs") for clients and prepare client responses to RFPs.
Regional Transmission Organization Implementation
Obtained precedent-setting FERC approval of investor-owned utility's plan to withdraw from an RTO and utilize third party tariff administration.
Generation Siting
Represent electric utilities in siting proceedings for coal-fired generating stations, with particular reference to environmental concerns.
Regional Transmission Organization Implementation
Represent large Midwestern utility and energy trading company in FERC proceedings relating to development of regional transmission organizations.
California Energy Crisis
Represent utilities in California Refund Proceeding at the Federal Energy Regulatory Commission and corresponding litigation at U.S. Courts of Appeals.
Qualifying Facility Self-Certification
Advised client on filing of Self-Recertification of Qualifying Facility
Approval of Coal-Fired Generation Plant in Southwest Virginia
Served as part of client's legal team in its successful application to obtain approval of the construction of a 585 MW coal-fired generation facility in Southwest Virginia
$202.5 Million Acquisition of a North Texas Electric Utility by a New Mexico Energy Holding Company
Advised a New Mexico utility with its proposed acquisition of a regulated Texas electric delivery business
$620 Million Sale of the Natural Gas Operations of a New Mexico Energy Holding Company to a National Natural Gas Distributor
Advised a New Mexico utility in its sale of its natural gas operations to a utility holding company with natural gas operations in Alaska and Michigan
Qualifying Facilities and Transmission
Advised client on use of electric transmission by Qualifying Facilities
Demonstration Projects and Advanced Technology
Advised on policy and regulatory methods to promote technology initiatives by regulated utilities.
Integrated Resource Planning
Advise investor-owned utility regarding options for acquiring additional generation capacity to satisfy anticipated load growth within its service area.
Alternative Energy Technologies
Represented major electric utility in the creation of Green Power Program and procurement of green energy resources.
Securities Fraud/Class Action
Defended large energy company in action by investors alleging violations of securities laws and accounting fraud.
Energy Commodity Trading & Marketing - TTF, ZBT, PEG and Italian Trading Points in Europe
Outside general counsel to the European Federation of Energy Traders chairing the drafting committees for the development of industry standard appendices to a gas trading agreement.
Energy Commodity Trading & Marketing - Exchange Trading - ICE, UKPX, Nordpool, EEX, APX, Powernext, Clearnet and EXAA
Representing clients on membership, clearing and access agreements and negotiating service and margin agreements with brokers and other financial intermediaries.
Energy Commodity Trading & Marketing - EU Greenhouse Gas Allowances
Outside General Counsel to the European Federation of Energy Traders chairing the drafting committee for the development of a standard master trading agreement for over the counter trading of EU Greenhouse Gas Emission Allowances.
Deregulation of Generation
Deregulation of electric generation under the Virginia Electric Utility Restructuring Act including the crafting of the Restructuring Act and presentation to utility commission
Regional Transmission Organization Implementation
Represent independent system operator in obtaining approval of station power and station service tariff provisions.
Archaeological & Historic Preservation
Assist clients in consultation with state and federal historic preservation offices for the purpose of compliance with Section 106 of the National Historic Preservation Act.
Natural Gas Rate Case
Representation of parent of natural gas distribution company in rate case and performance based regulation case in Virginia.
Waste Energy Technology
Advised clients with respect to gas regulatory implications of waste energy capture systems sited at interstate gas pipelines.
Gas Supply Management Agreement
Representation of energy management company in Virginia regulatory matter and contract renewal.
International Electric Transmission Rate Design
Advised authorities in Romania regarding transmission asset management and transmission rate design.
Natural Gas Asset Optimization Arrangement
Negotiated and drafted unique "co-piloting" arrangement.
Natural Gas Pipeline Proceedings
Prosecuted Natural Gas Act Section 7(b) and 7(f) authorizations in connection with sale of interstate pipeline facilities to local gas distribution company.
International Market Design
Advised authorities in Romania regarding optimal market design for restructured electric market and on interface with neighboring markets in Eastern Europe.
Condemnation Action Involving Endangered Species and Historic Resources
Represented electric utility in condemnation action involving endangered species and historic preservation, with favorable ruling upheld on appeal.
California Energy Crisis
Represented a major energy marketer with respect to California energy crisis litigation.
Regional Transmission Organization Implementation
Represent Midwestern utilities regarding existing transmission contracts and obtaining grandfathered agreement status in the Midwest ISO/MISO service territory.
Natural Gas Pipeline Litigation Proceedings
Represented client in FERC proceedings involving interstate pipeline's regulatory right of first refusal protocols that resulted in significant changes to pipeline tariff provisions.
Natural Gas Pipeline Litigation Proceedings
Represented shipper in Federal Energy Regulatory Commission hearing to examine lawfulness of negotiated rate awarded by Transwestern.
Antitrust Criminal Litigation
Defended several construction companies and an individual through criminal antitrust investigations and a plea by one of the companies.
Natural Gas Pipeline Litigation Proceedings
Represented five local distribution companies in major dispute involving pipeline fuel tracker and storage accounting.
Electric Utility Rate and Service Issues
Represent utility in obtaining approval of formula rate filing at FERC.
Legislation Development
Worked with Governor's Office of Consumer Affairs in development of Georgia's Consumer's Relief Act of 2002.
Electric Transmission Pricing and Transmission Rate Design
Represent Midwestern utility in developing transmission parallel path tariff.
Mergers and Acquisitions - Regulatory Approval
Regulatory approval of construction of an independent power producer's generation facility in Virginia.
Environmental Permit Challenge
Represented utility in water withdrawal permit challenge by environmental group alleging damage to aquatic resources.
Mergers and Acquisitions - Purchase of Generators
Representation of electric utility in negotiation, due diligence, regulatory approval, and closing of purchase of three non-utility generators and termination of power purchase agreements.
Transactional
Conducted environmental due diligence on behalf of electric utility in the acquisition of several power plants.
Regulatory Approval of Utility Construction Project
Regulatory approval for construction of electric utility combustion turbine units.
Natural Gas Pipeline Litigation Proceedings
Represented large local distribution company customer group in pipeline rate case (Transco) on cost-of-service issues.
Nuclear Power Plant Sale
Lead counsel in sale of $3.6 billion nuclear power plant.
Legislation Development - Electricity Restructuring
Served as Special Counsel for Electric Utility Restructuring in U.S. Department of Energy.
Electric Transmission Reliability
Represented U.S. Government on the North American Electric Reliability Organization's Government Interface Issues Task Group.
Dispute Over Electric Service Territories
Successfully defended a Virginia town in an administrative proceeding before the Virginia State Corporation Commission in a dispute over electric service territories.
Electric Utility Rate and Service Issues
Negotiation of rate case settlement prior to commencement of capped rates.
International Project Development - Bid for Power Company in Hungary
As part of the privatization of the Hungarian electric industry, represented a client in all phases of its bid for a power generation company.
Mergers and Acquisitions - Virginia Regulatory Approval
Virginia regulatory approval of purchase of foreign utility by U.S. electric utility.
International M&A - Acquisition of Asian Power Company
Represented an independent power producer in its US$2.75 billion acquisition of an 80 percent interest in Consolidated Electric Power Asia Limited (CEPA).
International Project Development - Coal-Fired Power Plant in Thailand
Represented a bidder in the Electricity Generating Authority of Thailand’s request for proposals for a coal-fired power plant.
Advice on Automated Calls on Collecting Unpaid Final Accounts
Successfully advised utility company on whether they could use automated phone calls to collect unpaid debts on final accounts.
Regional Transmission Organization Implementation
Represent Midwestern utility in approval of joint operating agreement between regional transmission organizations (Midwest ISO and PJM).
Regional Transmission Organization Implementation
Representations of energy holding company and Virginia electric utility in Virginia proceedings.
Mergers and Acquisitions - Utility Assets Acquisitions
Regulatory due diligence in connection with bank financings of utility assets acquisitions.
Antitrust - California Energy Crisis
Successfully represented a major utility system in an antitrust matter in connection with the California energy crisis litigation.
Antitrust - Defense of Monopoly Leveraging Claims
Successful defense of monopoly leveraging claims alleging that a major electric utility system leveraged its franchised market power into the energy services business.
Antitrust Litigation - Monopoly Leveraging
Successful defense of major electric utility system against claims of monopoly leveraging of utility franchise-based market power into the energy services industry.
Energy Commodity Trading & Marketing - Electricity Auction
Development of a highly flexible credit and contractual framework for a large Dutch utility company's auction of 900MW of generating capacity.
Energy Commodity Trading & Marketing - Electricity Auction
Development of a highly flexible credit and contractual framework for a large Dutch utility company's auction of 900MW of generating capacity.
Frustrated Bidder Lawsuit
Defense of successful bidder in electrical services contract to state prison facility against action by frustrated bidder.
Energy Commodity Trading & Marketing - Expert Witness
Acting as an expert witness in an arbitration in Germany.
Electric Cooperatives
Representation of electric cooperative in Virginia proceeding on underground facilities.
Integrated Resource Planning
Development of major electric utility's 1992, 1995, 1998, 2001 and 2004 Integrated Resource Plans.
Electric Utility Rate and Service Issues
Counsel for major electric utility before the Georgia Public Service Commission in base rate cases.
Energy Commodity Trading & Marketing - Credit Support Annexes
Outside General Counsel to the European Federation of Energy Traders chairing the drafting committees for the development of various industry standard forms.
Energy Commodity Trading & Marketing - Netting Agreements
Outside general counsel to the European Federation of Energy Traders chairing the drafting committee for the development of an industry standard form.
Energy Commodity Trading & Marketing - Power and Gas Physical Wholesale
Outside General Counsel to the European Federation of Energy Traders chairing the drafting committees for the development of Europe's industry standard master trading agreements for physical wholesale power and natural gas.
Corporate Restructuring and Divestitures
Obtained precedent setting FERC approval for the formation and divestiture of a stand-alone, transmission-only business from a large electric utility.
Electric Transmission Routing
Representation of landowners in transmission line routing cases.
Transmission Line Routing
Proposed Relocation of Portion of Transmission Rejected
California Energy Crisis
Represent western utility regarding FERC’s wash trading and Enron trading schemes investigation.
California Energy Crisis
Represent western utility in complaint regarding forward contracts executed prior to FERC’s west-wide orders in California energy crisis.
Energy Commodity Trading & Marketing - GTMA Agreements
Drafting and negotiating numerous master trading and gas netting agreements for purchase and sale of electricity at the UK Grid.
Energy Commodity Trading & Marketing - Risk Management Audits
Advising energy clients on the development and implementation of best practice internal policies, procedures and codes of conduct.
Energy Commodity Trading & Marketing - NBP 97 Agreements
Drafting and negotiating numerous master trading and gas netting agreements for trading at the UK National Balancing Point virtual hub.
Purchase of Non-Utility Generation Facilities
Approval of Purchase of Non-Utility Generation Facilities
Corporate Restructuring and Divestitures
Regulatory and legislative representation of electric utility in Virginia.
Qualifying Facilities ("QFs")
Representation of qualifying facilities ("QFs") in power purchase agreement arbitrations and rate proceedings in Virginia.
Natural Gas Transportation
Representation of natural gas transportation customers in Virginia regulatory cases.
Antitrust Litigation - Prehire Provision Restricting Subcontractors
Successful defense of a nuclear power plant project agreement with a prehire provision restricting subcontractors to union contractors.
Antitrust - Defense of Monopolization Claims
Represented a major energy company in successful defense of monopolization claims by a wholesale customer concerning federal power marketing.
Antitrust Litigation - Monopolization Claims
Represented a major electric utility system in securing summary judgment against monopolization claims based upon Noerr-Pennington immunity.
Antitrust Litigation - Tying Practices
Successful challenge to municipal utility tying practices, overcoming state action defenses.
Antitrust - Challenge to Utility's Tying Practices
Represented major electric utility in a successful challenge to municipal power system tying practice.
Antitrust Litigation - State Action Doctrine
Successful defense of antitrust claims brought by an independent energy producer based upon the state action doctrine.
Antitrust - Monopolization and Conspiracy Claims
Successful defense of monopolization and conspiracy claims brought by an independent energy company against a major electric utility.
Project Development of Generation Assets
Represented an independent power producer in development of a 650 MW merchant gas-fired electric generating facility in Arizona.
Project Development and Finance - Gas-Fired Power Plant in Texas
Lead counsel to arranger, issuing bank and agent in US$380 million project financing of 830 MW gas-fired power plant in Texas.
Project Development and Finance - Corporate Financing
Counsel for independent power provider on $2.25 billion corporate financing.
Project Development and Finance - Gas-Fired Power Plant in Florida
Counsel to independent power producer in US$40 million synthetic lease financing of two gas turbines from a 360 MW gas-fired power plant in Florida.
Project Finance - Tax Leases
Represented an institutional lender and an affiliate of a large automobile manufacturer in the purchase of tax benefits associated with two electric generating facilities.
Acquisition and Leveraged Lease Financing of Mid-Atlantic Power Stations
Represented an independent power producer in the US$2.65 billion acquisition of coal, oil and gas-fired electric generating facilities as well as the lease of electric generating facilities.
Corporate Accountability, Compliance, and Enforcement Actions
Served as lead counsel to the Board of Directors of a Fortune 500 energy company with regard to "best practices" review of company's legal function.
Acquisition and Financing of Paper Pulp Mill Energy Company
Represented an independent power producer in the acquisition of an energy complex at Kimberly-Clark Corporation’s pulp and paper mill in Alabama.
Project Refinance of Power Station
Represented a power company in the $244 million refinancing of its 320 MW coal-fired power plant in Shady Point, Oklahoma.
Water Quality
Represent utility regarding regulation of cooling water intake structures at power plants.
Nuclear Power Plant Prudence Proceedings
Participated in several proceedings regarding the prudence of the construction and operation of nuclear plants.
Water Quality
Represented major electric utility system in negotiating NPDES permits for its fossil-fired generating plants.
Power Purchase Agreement
Represented a utility company in the negotiation of a power purchase agreement for the purchase of 300 MW of capacity.
Power Plant Construction, Operation, and Maintenance Contracts
Counsel for independent power providers for procurement of turbines for North American and South American projects.
Water Quality
Obtain determinations of limited, or no, jurisdiction in CWA § 404 permit actions for ash ponds, materials piles, and utility line crossings, and determinations of limited jurisdiction scope.
Project Development and Finance - Coal-Fired Power Plant in Illinois
Counsel to lead underwriter in US$265 million 144a bond offering used to purchase and refurbish an existing 1100 MW coal-fired power plant in Illinois.
Project Development and Finance - Coal-Fired Power Plants in Wisconsin
Lead counsel to regulated utility and unregulated affiliate in the development and lease financing of 2800 MW of new gas and coal-fired power plants in Wisconsin.
Project Development & Finance - Coal-Fired Plant in Virginia
Represented the developer of a 242 MW coal-fired cogeneration project in Virginia in all aspects of the development, finance and construction of the project.
Natural Gas: Liquefied Natural Gas Proceedings
Represented client in Federal Energy Regulatory Commission litigation involving liquefied natural gas ("LNG") fuel costs and other LNG cost allocation issues.
Wisconsin Lease Structuring of Coal and Gas Power Stations
Represented an independent power producer and its affiliates in the on-going development and lease structuring of 2,800 MW of new gas and coal-fired power plants in Wisconsin.
Utility Restructuring
Represents a number of electric utilities in their efforts to spin-off or otherwise restructure the ownership of electric generation and transmission assets.
Synthetic Lease Financing of Power Generating Facilities
Represented an independent power producer as lessee in the US$40 million synthetic lease financing of two gas turbines from a gas-fired power station in Florida.
State Utility Commission Proceedings
Prepare witnesses for testifying in proceedings before the Georgia Public Service Commission.
Alternative Energy Technologies
Represented major electric utility in the creation of Green Power Program and procurement of green energy resources.
Acquisition of New York Power Stations
Represented an independent power producer in the US$476 million acquisition of 1,776 MW of electric generating facilities located in New York.
California Energy Crisis
Represent generator in FERC proceedings to change market rules and structures.
Requests for Proposals - Power Purchase Agreements
Counsel in the development of requests for proposals ("RFPs") for long-term power purchases and negotiation of power purchase agreements.
Software Transactions
Lead counsel for nuclear-industry government contractor in responding to U.S. Department of Homeland Security RFP for open source development project.  
Requests for Proposals - Implementation of Independent Evaluator
Counsel to major electric utility in the creation and implementation of the independent evaluator system for the evaluation of RFP bids.
State Utility Commission Proceedings
State regulatory counsel to one of the largest power companies in the U.S.
Spin-Off and IPO of Independent Power Producer
Represented the parent company of an independent power producer when it spun-off that entity, then valued at approximately US$10 billion.
Construction Finance for Generating Assets
Represented an electric utility in structuring, negotiating and documenting a US$850 million revolving credit facility.
Coal Contracts
Representation of major electric utility and affiliates in drafting and negotiating coal contracts and ash management contracts.
Corporate Accountability, Compliance, and Enforcement Actions
Advising energy clients on the development and implementation of a wide range of best practice internal policies and procedures.
Acquisition of California Power Stations
Represented an independent power producer in its US$801 million acquisition of 3,065 MW of electric generating facilities in California.
Corporate Accountability, Compliance, and Enforcement Actions
Served as lead counsel to the audit committee of a Fortune 100 energy company.
Utility M&A
Represented a large energy company in its merger of equals with another energy company in a transaction valued at US$7.1 billion.
Utility Customer Service Matters
Counsel to major electric utility in several customer service matters including privacy issues, fair credit act issues, disconnection and user fee issues.
Capital Markets Finance for Power Station
Represented the lead underwriter in a US$265 million bond offering used to purchase and refurbish the 1,100 MW Kincaid coal-fired power plant in Illinois.
Utility M&A
Represented a large utility holding company regarding the acquisition of Savannah Electric & Power Company in a transaction valued at US$880 million.
Regional Transmission Organization Implementation
Represent clients in Federal Energy Regulatory Commission proceedings on development of wholesale energy markets in New York.
Natural Gas: Liquefied Natural Gas Proceedings
Represent interstate pipeline on interconnection, gas quality, rate design, and other issues in connection with proposed development of a new liquefied natural gas terminal and interconnecting pipeline.
International Project Development and Finance - Power Plant in Gaza Strip
Represented the principal sponsor in the development and financing of a 140 MW fuel oil/gas-fired power plant in the Gaza Strip.
International Project Development and Finance - Power Station in Philippines
Represented a Philippine holding company in the development and US$350 million project financing of 500 MW San Lorenzo Power Station located in Batangas, Philippines.
International Project Finance - Global Note Offering to Finance Acquisition Debt
Acted as issuer’s counsel on behalf of the developer in a global note offering raising US$170 million to refund the outstanding interim acquisition debt.
International Project Development - Contract Negotiation (Malaysia)
Lead counsel to Malaysian utility in negotiation of power purchase agreement for 2400 MW Bakun hydro power plant in Malaysia.
International M&A; International Project Finance - Australia
Represented an independent power producer in the bid by its consortium to acquire a 40 percent interest in the 1,000 MW Loy Yang B Power Plant in Victoria, Australia.
International Project Development - Coal-Fired Project in Indonesia
Represented an independent power developer in connection with its efforts to develop a 1,200 MW coal-fired power project in Indonesia.
International Project Development - Co-Generation Facility in Israel
Represented an independent power producer in the development of a 140 MW co-generation facility to be located within an existing industrial complex in Israel.
International Project Finance - Loan Facility Financing of Power Plant in India
Represented the project company in US$1.9 billion financing of the Phase II 1,450 MW Dabhol power plant in India.
Merger of Independent Power Producer and Public Utility Holding Company
FERC and PUHCA regulatory counsel in connection with a $7.5 billion merger of a large independent power producer and a public utility holding company.
Mergers and Acquisitions - Acquisition of Assets
Counsel to two large utilities in their acquisition of McIntosh Units 10 and 11 from Southern Power County.
Mergers and Acquisitions - Divestiture of Plant
Lead counsel to independent power producer in the sale of 50% ownership interest in 240 MW coal-fired cogeneration plant in Virginia.
Energy Commodity Trading & Marketing - ISDA Netting, Collateral & Margin Agreements
Advising clients with evaluating and using the ISDA 2001 Cross Agreement Bridge and 2002 Energy Product Bridge as well as ISDA Credit Support Annexes.
International Project Finance - Two Loan Offerings to Refinance Power Plants in Chile
Acted as issuer’s counsel in two separate offerings of loan participation certificates.
Labor and Employment Matters
Representation of public utilities in labor and employment matters, including labor, equal opportunity, internal investigations and corporate compliance.
Energy Commodity Trading & Marketing - ISDA OTC Financial Trading & Hedging
Active member of the International Swaps and Derivatives Association.
Generating Company Bank and Capital Markets Financing
Represented an independent power producer in structuring and creating the generating company and in negotiating a US$1.45 billion bank financing for its subsidiaries’ operations.
Environmental Counseling
Worked on issues associated with the 1990 Clean Air Act Amendments.
Energy Trading and Marketing Transactions
Developed tolling agreements for the exchange of energy commodities on either a real time or a temporal or distance deferred basis.
Generation Siting Litigation
Counsel to independent power producer in successful appeals before Rhode Island Supreme Court regarding satisfaction of state siting regulations.
Integrated Coal Gasification Combined-Cycle Power Plant
Counsel for power generating company in connection with integrated coal gasification project.
Hydropower Litigation
Represented several hydropower facilities in litigation under Federal Power Act and associated CWA.
Hydropower Counseling
Represent large utility in implementation of new FERC hydropower license process.
International M&A - Acquisition of Chilean Utility
Represented a client in acquiring 67 percent of the common stock of the generation and transmission electric utility of northern Chile.
International M&A - Restructuring of National Grid
U.S. counsel to the National Transmission Company of New Zealand in restructuring of national grid.
International M&A; International Project Finance
Represented the purchaser in connection with the successful £1.1 billion tender offer for South Western Electricity plc (SWEB).
International M&A; International Project Finance - Argentina
Represented an independent power producer in connection with its acquisition of a majority interest in the 1,000 MW Alicurá Hydroelectric Plant in Argentina.
International M&A - Privatized Power Plant Acquisition
Counsel to major U.S. independent power producer as 20% participant in consortium purchasing US$1.8 billion privatized power plant in Australia.
International M&A - Acquisition of Interest in Power Project
Represented a client in its acquisition of a 30 percent ownership interest in the 320 MW electric power and district power project in Kladno, Czech Republic.
International M&A - Energy Complex Acquisition
Represented an independent power producer in its proposal to acquire an interest in the Kot Addu energy complex in Punjab Province in Pakistan.
International M&A - Privatization of Power Projects
Regulatory counsel for electric utilities in proposals for privatization of power projects in Europe and Australia.
Mergers and Acquisitions - FERC Regulatory Approval
Secured prompt approval from FERC pursuant to Federal Power Act Section 203 for critical merger and acquisition transactions.
Corporate Restructuring and Divestitures
Obtained precedent setting FERC approval for the formation and spin-out of an unregulated, generation-only subsidiary of a large public utility holding company.
Natural Gas State Commission Proceedings
Representation of retail natural gas marketer before the Georgia Public Service Commission concerning deregulated natural gas market.
Natural Gas State Commission Proceedings
Lead counsel on several cases involving Georgia's deregulated natural gas market.
Cross-Border Lease Financing
Represented an IPP in its issuance of US$153 million senior notes in a private placement and contemporaneous syndicated term loan in the amount of US$110 million.
Electric Control Area - Restructuring of Relationship with Cooperative
Representation of a utility in restructuring of control area relationship with major cooperative electric group.
Eastern Interconnection Blackouts Investigation
Advised Midwestern utility with respect to regulatory, litigation, and legislative matters arising from multi-region blackouts of August 14, 2003.
Development, Restructure and Sale of Nuclear Power Facilities
Expertise in all facets of the nuclear power industry, representing both owners and operators of nuclear generation assets in connection with their construction, operation and decommissioning programs.
Natural Gas State Regulation
Primary counsel to the Natural Gas Section of the Georgia Public Service Commission dealing with all matters in both the regulated and deregulated environment.
Natural Gas Storage Proceedings
Represent local distribution company in precedent-setting FERC proceeding.
Natural Gas Storage Proceedings
Represented state-regulated natural gas storage companies in connection with limited FERC jurisdiction matters.
Natural Gas Structured Product to Mitigate Price Volatility
Counsel for company in negotiating and closing a structured product involving the advanced sale of natural gas with a collar to mitigate volatility of natural gas prices.
Natural Gas Storage Proceedings
Successfully prosecuted first departure from traditional, "equitable" cost-based natural gas storage ratemaking.
Natural Gas Storage Proceedings
Successful transition of natural gas storage company from state to federal jurisdiction.
Corporate Restructuring and Divestitures
Successfully unwind sale of natural gas pipeline and develop and implement strategy to transition to significant minority shareholder.
Natural Gas Storage Proceedings
Represented interstate natural gas storage company in certificate and rate proceedings to construct, expand, and operate salt dome natural gas storage caverns.
Mergers Between Energy Marketer and Generation Company
Regulatory counsel in connection with the merger of a national energy marketer and a large, multinational independent generation company.
Military Privatization
Counsel to electric utilities concerning military privatization issues.
Military Privatization
Representation of investor-owned utility acquiring electric distribution facilities from U.S. military.
Electric Utility Rate, Finance, Service, Franchise, and Competition Issues
Counsel to electric unities concerning regulatory issues in Alabama, Georgia, Florida, South Carolina, North Carolina and Virginia.
Energy Commodity Trading & Marketing - Clearing Agreements
Advising on the use of centralized third party services for clearing of both exchange-related trades and OTC physical and derivative transactions.
Mergers and Acquisitions - Regulatory Counsel
Regulatory counsel in connection with the merger of two independent generation companies.
Mergers and Acquisitions - Sale of Assets
Counsel for a large Southeastern utility in the sale of assets to Florida Power & Light Company and Jacksonville Electric Authority.
Military Privatization
Privatization counsel to utilities and power producers interested in purchasing and developing infrastructure assets on U.S. military bases.
Natural Gas Pipeline Certificate Proceedings
Represented major interstate natural gas pipeline serving the Northeast U.S. in several Natural Gas Act Section 7(c) certificate proceedings.
Natural Gas Pipeline Complaint Proceedings
Represented client in Federal Energy Regulatory Commission complaint action alleging right of first refusal ("ROFR") violations.
Electric Utility Rate and Service Issues
Counsel to electric utilities concerning treatment of wholesale sales, The Georgia Open Records Act, the Georgia Administrative Procedure Act, trade secret filings.
Natural Gas Distribution Proceedings
Counsel to Pipeline Safety Section of the Georgia Public Service Commission primarily responsible for assisting staff with the enforcement of the Georgia Utility Facility Protection Act (GUFPA).
Electric Utility Rate Discrimination Lawsuit
Represented major electric utility in its defense against a rate discrimination suit.
Electric Utility Rate and Service Issues
Represented major electric utility in proceeding before the Georgia Public Service Commission involving debt equivalency factor for bid evaluation purposes.
Electric Utility Rate and Service Issues
Counsel for major electric utility on matters involving the Georgia Public Service Commission's certification of resources.
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