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Energy Regulatory

Major energy market stakeholders connect with Arnold & Porter for practical, proactive legal advice across the full spectrum of regulatory, compliance, and enforcement matters. Our work includes assisting clients in matters such as obtaining regulatory approval to buy and sell assets, obtaining and retaining market-based rate authority, participating in proceedings regarding market design, bringing and defending complaints, commenting in rulemaking and other proceedings, and supporting compliance efforts. We also have an active enforcement practice. Clients come to us to handle their day-to-day and complex matters efficiently and effectively.

  • Regulatory and Compliance Excellence: Represent clients in enforcement cases, market design, rate issues, rulemakings, contractual and other disputes, compliance and enforcement matters, appellate matters, and audits, in addition to providing training sessions and advice.

  • Full Forum Focus: Represent clients in administrative and appellate litigation, including before administrative agencies such as FERC and federal and state courts across the country.

  • Integrated Approach: Decades of industry and subsector experience enhanced by insights from our market-leading litigation, tax, bankruptcy, antitrust, corporate, real estate, and environmental practices.

"Arnold & Porter has a notable reputation in the regulatory field, which is particularly prominent in the conventional power sector; it also has an extensive track record in proceedings before FERC."
The Legal 500 US
"They have a deep understanding of FERC compliance issues. I often call on them for short turn around advice or projects with little lead time and they always deliver." — Client Testimonial
The Legal 500 US - Leading Firm 2020

Experience Highlights

  • Vistra Energy, Tilton Energy and Rockland Capital in FERC hearing proceedings in response to our clients' complaints filed at FERC against the Midcontinent Independent System Operator (MISO) alleging mishandling of pseudo-ties between MISO and the neighboring PJM region. Matter settled favorably.
  • Various defendants in representation of an enforcement matter brought by FERC in federal district court to enforce a judgment of $42M relating to trading of Up-to Congestion products in the PJM region.
  • RC Cape May, a generator that had planned to deactivate but was needed by PJM for reliability, in assisting with the negotiation and filing of a Reliability Must-Run Agreement, working through thorny issues in the FERC-established settlement process and assisting in the implementation of the approved agreement.
  • PJM Power Providers Group (P3), whose members include Exelon, PSEG Energy Resources & Trade, Calpine Corporation, NRG, PPL Corporation (PPL), and NextEra Energy Resources, LLC, as well as the PPL companies individually, in the US Supreme Court's review of FERC Order No. 745 relating to demand response.
  • PPL Corporation and Talen Energy as counsel on a broad range of regulatory, compliance and litigation issues over many years, including playing a major role in the proceedings that led to the development and approval of the PJM Interconnection, LLC Reliability Pricing Model capacity market construct by FERC and handling the myriad legal issues in the transaction that led to the formation of Talen Energy.
  • Bruce Power LLC in negotiation of pertinent portions of the PSA and federal regulatory approvals in the $180 million acquisition of Dynegy Lee II, LLC from Dynegy Gas Generation.
  • PPL Corporation in energy regulatory, environmental and transactional matters related to its spin-off of PPL Energy Supply, which was combined with Riverstone Holdings' generation business to form Talen Energy Corp., creating the third-largest investor-owned, independent power producer in the US based on megawatts of generating capacity and listed on the New York Stock Exchange.
  • Rockland Power Partners LLC in obtaining regulatory approvals for a series of asset acquisitions.
  • Pepco Holdings Inc. in a contractual dispute with a counter party that was resolved favorably to Pepco by FERC.