Capabilities
Energy

Energy Regulatory

We are go-to counsel for major market participants on 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 including conducting training and developing and improving compliance programs.

Our lawyers have represented:

  • 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.
  • The PJM Power Providers Group (P3), whose members include Exelon, PSEG Energy Resources & Trade, Calpine Corporation, NRG, PPL Corporation, and NextEra Energy Resources, LLC, as well as the PPL companies individually. A current matter pending before the US Supreme Court relates to the Federal Energy Regulatory Commission's exercise of jurisdiction over demand response compensation.
  • 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.
  • A generator located in PJM that owns interconnection facilities needed to interconnect its plant with the transmission grid, in seeking to obtain a Standards of Conduct waiver from FERC.
  • Various clients in NERC-related issues.
  • Various non-public enforcement matters.

Perspectives

Will Ralls Decision Really Bring On CFIUS Transparency? (pdf)

Aerospace & Defense Law360. Also ran in Appellate Law360, Energy Law360, Environmental Law360, International Trade Law360, Mergers & Acquisitions Law360, and Project Finance Law360.

Long-Term GHG Reduction Rule To Change Nature Of EPA (pdf)

Energy Law360. Also ran in Environmental Law360, Project Finance Law360 and Public Policy Law360.

EPA as an Energy Regulator? Potential Limitations on EPA's Proposed Rule on Existing Power Plant Carbon Dioxide Emissions
Arnold & Porter Advisory
Overview

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