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About Seth

Seth Lucia counsels clients on a wide range of energy regulation and policy matters before the Federal Energy Regulatory Commission (FERC). He advises on all areas of electric utility, power and transmission regulation, including issues arising under both Parts I and II of the Federal Power Act. Seth assists clients in obtaining FERC authorizations for major energy transactions such as utility mergers and the purchase or sale of utility assets. He also advises companies on wholesale power and transmission matters, Independent System Operator (ISO) and Regional Transmission Organization (RTO) rules and markets, interconnection services and regulatory compliance and training.

Seth negotiates various energy-related agreements and participates in litigation and settlement proceedings at FERC, as well as appeals of FERC decisions. His energy experience also includes counseling clients in hydroelectric matters before FERC, including relicensing and license transfer proceedings.

Prior to law school, Seth worked as an associate consultant for a management, engineering and policy firm where he conducted Phase I environmental due diligence assessments and audits of energy and manufacturing facilities in the United States and Latin America.

Experience

Recent Notable Matters

Affiliate of Brookfield Asset Management Inc. — strategic investment with Landmark Infrastructure Partners LP in forming a joint venture to invest in core infrastructure assets

AP Energy Holdings Inc and South Field Energy LLC — $1.3 billion project financing and equity arrangements for the construction of the South Field Energy project, a 1,182 megawatt combined-cycle natural gas electric generating facility located near Wellsville, Ohio

Sol Systems — joint venture with Nationwide Mutual Insurance Co. for the formation of the Helios Infrastructure Fund, which will acquire and own over 330 MW of utility and commercial solar assets

Hydro One Limited — $5.3 billion acquisition of Avista Corporation in an all-cash transaction, establishing one of North America’s largest regulated electricity and natural gas businesses with more than $25.4 billion in combined assets

Great Plains Energy Incorporated — revised stock-for-stock merger of equals transaction with Westar Energy, Inc., creating a company with a combined equity value of approximately $14 billion, and with nearly 13,000 MW of generation capacity and more than 51,000 miles of distribution lines

Integrys Energy Group Inc. — transaction approvals at FERC related to the Wisconsin Energy Corp. acquisition of Integrys Energy Group Inc. for $9.1 billion in cash, stock and assumed debt

Alcoa Power Generating Inc. — sale of four hydroelectric power plants with an aggregate capacity of 215 MW located on the Yadkin River in North Carolina to an affiliate of Cube Hydro Partners, LLC

PPL Montana, LLC — transaction approvals at FERC related to the sale of the Kerr hydroelectric project, a project with a capacity of 194 MW, to NorthWestern Corporation (d/b/a NorthWestern Energy)

Alcoa Power Generating Inc. — application before the FERC to obtain a new permanent hydroelectric license for the Yadkin Project (P-2197), consisting of four dams and reservoirs on the Yadkin River, with a total installed capacity of approximately 220 MW

Black Hills Corp./Colorado Electric Utility Company, LP — approvals at FERC related to the acquisition of a 60 MW wind generation facility located in Las Animas and Huerfano Counties, Colorado, from an affiliate of Invenergy Wind LLC

Alcoa Power Generating Inc. — approvals at FERC for the change in control of Alcoa Power Generating Inc. related to the corporate separation of Alcoa Inc. into two separate, publicly-traded companies Arconic Inc. and Alcoa Corp.

Arroyo Energy Investment Partners LLC — acquisition of the Broad River Energy Center, an 847 MW natural gas-fueled electric generation plant located in Gaffney, South Carolina from affiliates of Energy Capital Partners

Black Hills Corp./Colorado Electric Utility Company, LP — authorization by FERC of transmission tariff amendments and a Joint Dispatch Agreement with Public Service Company of Colorado and Platte River Power Authority to conduct joint dispatching of combined generation resources in Colorado

Integrys Energy Group, Inc. — transaction approvals at FERC related to the sale of 100 percent of the stock of Upper Peninsula Power Company (UPPCO) to Balfour Beatty Infrastructure Partners LP (BBIP), a U.K. infrastructure investment fund in a transaction valued at approximately $298 million

Black Hills Colorado IPP, LLC — approvals at FERC related to the sale of 49.9 percent interest in the owner of a 200 MW gas-fired plant in Pueblo, Colorado, to an affiliate of arGo Energy North America MM LLC

Integrys Energy Group, Inc. — transaction approvals at FERC related to the sale of power marketer entities to Exelon Generation Company LLC

Publications and Speeches

"Time For FERC To Re-Examine Its Hydropower License Policy," Law360, May 3, 2017.

Credentials

Education

University of Colorado School of Law,
J.D.
2005
Georgetown University,
B.A.
2000
cum laude

Bar Admissions

District of Columbia
Colorado

Languages

Spanish
Portuguese

Affiliations

Energy Bar Association
Colorado Bar Association
Federal Communications Bar Association

News

Insights

Insights

FERC Orders Primary Frequency Response Without Compensation

February 28, 2018

On February 15, 2018, the Federal Energy Regulatory Commission (“FERC”) revised its regulations to require all newly interconnecting generation facilities to install, maintain, and operate equipment capable of providing primary frequency response as a condition of interconnection...

FERC Eases Barriers for Electric Storage Resources to Participate in Wholesale Markets

February 26, 2018

On February 15, 2018, the Federal Energy Regulatory Commission (“FERC”) adopted a final rule (“Order No. 841”) [1] that facilitates the direct participation of electric storage resources in centralized markets operated by Regional Transmission Organizations (“RTOs”) and Independent System Operators (“ISOs”)...

Petition Requests FERC Clarify State Treatment of Battery Storage QFs Under PURPA

February 2, 2018

In a December 14, 2017 filing (“Petition”), [i] developers of several battery storage projects in southern Idaho (“Franklin Storage Facilities”) seek a declaratory order and enforcement action from the Federal Energy Regulatory Commission (“FERC”) against the Idaho Public Utilities Commission (“Idaho PUC”) pursuant to the Public Utility Regulatory Policies Act of 1978 (“PURPA”)...

New Default 40-Year Hydro License Term

October 23, 2017

With more than 300 projects anticipated to undergo relicensing over the next 8 years, the Federal Energy Regulatory Commission (“FERC”) issued a new policy statement on October 19, 2017 establishing a 40-year default license term for Federal Power Act (“FPA”) hydroelectric licenses for projects located at non-federal dams. [1] Since the...

FERC Improves Treatment of Passive Tax Equity for Transaction Approvals

On October 4, 2017, the Federal Energy Regulatory Commission (“FERC”) issued an order clarifying that it will not treat certain tax equity interests in public utilities or public utility holding companies as voting securities for purposes of transaction approval...

Calculating FERC’s One-Mile Rule for Renewable Projects Seeking QF Status

June 8, 2017

As the vigorous pace of wind and solar energy development continues, the ability of renewable projects to obtain Qualifying Facility (“QF”) status under the Public Utility Regulatory Policies Act of 1978 (“PURPA”) can be critical to a renewable project’s viability and can have important cost implications for the utility receiving the project’s output. A pending application before the Federal Energy Regulatory Commission (“FERC”) sets the stage for FERC to clarify aspects of its so-called “one-mile rule” that may impact the way certain renewable projects can be configured to gain QF status as...

FERC Reexamines its Policy on Hydro License Terms

April 12, 2017

The term of years granted in a federal hydroelectric license is a major – if not the major – factor in inducing a licensee to invest money in a hydroelectric project. The longer the term, the greater the opportunity to earn a return on such investments, particularly given the year-to-year variability of river flows. Thus it was not surprising that the Federal Energy Regulatory Commission’s (“FERC’s”) recent Notice of Inquiry (“NOI”) on the length of license terms in Docket No. RM17-4 drew a range of responses across a swath of interest groups. What was perhaps unexpected was the apparent...

FERC to Re-Examine Its Policy on the Length of Hydroelectric License Terms

November 18, 2016

On November 17, 2016, the Federal Energy Regulatory Commission (Commission) issued a Notice of Inquiry (NOI) to re-examine its policy on the length of hydroelectric license terms under the Federal Power Act. The Commission’s NOI is a tacit admission that the existing policy has not been working successfully – at least as measured against the present Commission’s policy goals. Section 15(e) of the Federal Power Act provides that a license term for any new license, i.e. , a relicense, shall be not less than 30 or more than 50 years. Under existing policy for hydroelectric projects, the...

FERC Report on Transmission Investment and Related Technical Conference

March 18, 2016

At the March 17, 2016 Federal Energy Regulatory Commission ("FERC") meeting, FERC's Office of Energy Policy and Innovation presented a report assessing the effectiveness of FERC's transmission investment policies, including Order No. 1000 reforms and identifying possible policy changes ("Report"). The Report includes data from 2013-2015. The report is located here and the presentation is located here . On March 17, 2016, FERC also announced a planned Technical Conference regarding competitive transmission development rates to be held on June 27-28, 2016, with details located here . The...

Supreme Court Upholds FERC's Demand Response Rule, Order No. 745

January 25, 2016

In a closely watched case with potential impacts across a broad swath of the electric energy industry, on January 25, 2016, the U.S. Supreme Court reversed the D.C. Circuit's May 2014 ruling in EPSA v. FERC and instead upheld the Federal Energy Regulatory Commission's (FERC) demand response rule, Order No. 745, thereby affirming FERC's jurisdiction to regulate wholesale markets. FERC issued Order No. 745 with the aim of encouraging participation of demand resources - generally industrial and other large energy users that can reduce or forego energy consumption during certain periods - in...

D.C. Circuit Amends Its Smith Lake Opinion Dismissing Appeal of FERC Licensing Order

February 3, 2015

On January 30, 2015, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) took the highly unusual step of amending an earlier opinion and issuing a statement to further explain its rejection as untimely of an appeal filed by property owners in response to FERC's issuance of a new 30-year hydroelectric license to Alabama Power Company. Although the D.C. Circuit amended its prior opinion and issued an explanatory statement, it nevertheless denied en banc review of its earlier decision. Previously, on September 26, 2014, the D.C. Circuit issued an opinion holding that a petition for...

D.C. Circuit Affirms FERC on Order No. 1000

August 18, 2014

On August 15, 2014, the U.S. Court of Appeals for the D.C. Circuit (D.C. Circuit) issued an opinion in South Carolina Public Service Authority v. FERC , Case Nos. 12-1232, et al . (consolidated), upholding the Federal Energy Regulatory Commission's (FERC) Order No. 1000 in its entirety, giving FERC a major win in a case involving 45 petitioners and 16 intervenors. Authority to Require Participation : In Order No. 888 in 1996, FERC required public utility transmission providers to functionally unbundle their wholesale generation and transmission services and file open-access transmission...

Noteworthy

Noteworthy

Thomson Reuters
Washington, D.C. Super Lawyers
Rising Star, 2015 - 2016
University of Colorado School of Law
Colorado Journal of International Environmental Law & Policy
Articles Editor
University of Colorado School of Law
Student Award in Natural Resources

Events

Past Events