Energy Regulation Compliance & Advocacy

Overview

All aspects of energy-related regulatory compliance, including rules and standards of the Federal Energy Regulatory Commission (FERC), U.S. Commodity Futures Trading Commission (CFTC), U.S. Department of Energy (DOE), North American Electric Reliability Corporation (NERC), North American Energy Standards Board (NAESB), regional transmission organizations (RTOs), and independent system operators (ISOs); as well as advocacy in ratemaking, government relations, and rulemaking.

As counselors to the energy industry, Michael Best attorneys help clients understand and do business within a complex, constantly evolving regulatory framework. We advise on a myriad of legal issues in RTO operations, project development, asset sales, and energy trading.
 
Representing clients effectively before the Federal Energy Regulatory Commission (FERC) often requires pre-filing meetings with senior FERC staff to discuss complex issues and ensure staff’s preliminary concerns are clearly addressed. Facilitating these and other meetings is an integral part of Michael Best’s approach.
 
Our work also entails advocating for clients in government relations and policymaking matters before the CFTC, DOE, NERC), NAESB, and other regulatory bodies.
 
We have long experience advising and advocating on market design issues, from FERC’s original Standard Market Design Initiative through more recent efforts on transmission planning, capacity market development, and the integration of renewables into the markets. In light of the continuing focus on energy trading issues by both FERC and the CFTC, we also counsel clients on the reach of each agency’s jurisdiction and on how to prepare for or avoid new regulatory burdens.
 

Our Clients

In the electric power sector, we represent clients such as:

  • Investor-owned and municipal utilities
  • Electric cooperatives
  • Independent power producers
  • Renewable energy producers
  • RTOs and ISOs
  • Electricity marketers and investors

Our natural gas sector clients include:

  • Natural gas producers
  • Gas-fired electric generators
  • Local distribution companies
  • Pipeline owners/operators
  • Shippers
  • Large-volume customers
  • Natural gas marketers and investors

Experience

We have extensive experience assisting energy sector clients in matters such as:

  • Project development, including facility siting and expansion, land acquisition, financing, environmental and economic development incentives, construction, and certification.
  • Permitting of significant energy infrastructure, including gas pipelines, negotiation and filing of various agreements (e.g., for interconnection, power purchase, facilities operation and maintenance, joint ownership, joint dispatch, scheduling, supply, distribution, off-take, hedging, and asset management)
  • Transmission and pipeline access issues
  • Representation in rate proceedings
  • Obtaining qualifying facility (QF) status, exempt wholesale generator (EWG) status, merchant transmission authority, or waivers from Open Access Transmission Tariff requirements
  • Compliance with FERC standards of conduct, gas and electric tariff requirements, and reliability standards
  • Proactive preparation for, and representation through, FERC audits
  • Filings under the Federal Power Act (FPA), including:
    • Requests for authorization to transfer/dispose of FERC jurisdictional assets, including nuclear power plants (FPA Section 203)
    • Filings seeking equity issuance and borrowing authority (FPA Section 204)
    • Applications for cost-of-service and market-based rates (FPA Section 205)
  • RTO and ISO participation, formation, and operation (e.g., participation in day-ahead and real-time energy and ancillary service markets, transmission congestion hedging, interconnection services, and more)
  • Designing, implementing, and updating internal compliance and training programs
  • Government relations, including comments on proposed rulemaking, formal and informal meetings, and advocacy regarding issues with significant policy and operational implications for our clients
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