Power & Transmission

Major energy market stakeholders—power generators, utilities and investors—rely on Arnold & Porter for practical, proactive legal advice across the full spectrum of regulatory, compliance and enforcement, litigation, and transactional matters.

Deep Regulatory Experience: We assist with regulatory approvals for buying/selling asset and obtaining/retaining market-based rate authority, proceedings regarding market design, environmental compliance (GHG Reporting rules and hazardous air pollutant (MACT)), permitting, bringing/defending complaints, commenting in rulemaking and other proceedings, and enforcement actions.

Strategic Litigation Counsel: We have an active administrative litigation practice before FERC and handle appeals of these and other matters before appeals courts and the US Supreme Court.

Cutting-Edge Transactions: We advise on all aspects of high-stakes transactions, including antitrust issues in acquisitions, financings, and private equity purchases/turnarounds of distressed assets.

Experience Highlights

  • BP in the antitrust aspects of its strategic partnership with Equinor and the $1.1 billion acquisition of 50 percent interest in four assets in two wind leases located offshore of New York and Massachusetts that together have the potential to generate power for more than two million homes.
  • Bruce Power LLC in negotiating pertinent portions of the PSA and federal regulatory approvals in the $180 million acquisition of Dynegy Lee II LLC from Dynegy Gas Generation.
  • Empresa de Transmisión Eléctrica SA, Panama's government-owned electricity transmission company, as issuer, in its inaugural bond issue: an offering of $500 million 5.125% senior notes due 2049.
  • 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.
  • 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 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 NYSE-listed Talen Energy Corp., the third-largest investor-owned, independent power producer in the US based on megawatts of generating capacity.
  • Republic of Honduras in its issuance of $600 million 5.625% notes due 2030, the proceeds from which will be used to refinance obligations of the Honduran electricity company ENEE.
  • Pepco Holdings Inc. in securing a favorable resolution from FERC of a contractual dispute with a counter party.
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