Ty Johnson counsels domestic and international energy clients in energy regulatory matters and in offshore wind development and permitting.
In his energy regulatory practice, Ty advises on the regulatory regimes administered by the Federal Energy Regulatory Commission (FERC) and the US Department of Energy, as well as other federal and state agencies. He represents energy marketers and transmission owners in matters involving compliance with the Federal Power Act, and he represents clients involved in regulatory litigation before FERC and in related appellate litigation. Ty works with clients on energy regulatory developments in the Northwest and the Western United States, with a focus on transmission and rate matters related to the Bonneville Power Administration and in related appellate proceedings. He is experienced with FERC’s natural gas transportation regulations, including with tariff and certificate proceedings, compliance audits and enforcement proceedings. He has also advised clients on numerous aspects of liquefied natural gas (LNG) imports and exports, including Department of Energy licensing and FERC certificate proceedings.
Ty advises offshore wind developers and investors regarding the Bureau of Ocean Energy Management’s leasing and permitting processes, the National Environmental Policy Act (NEPA) process and related litigation. His offshore wind experience spans both the Atlantic and Pacific coasts of the United States.
As a former US naval officer operating submarine nuclear power plants and conducting ship-board operations, Ty brings uncommon technical experience to energy generation and transmission, and he leverages his naval managerial experience to lead clients through complex regulatory proceedings and litigation.
Recent Notable Matters
Equinor — $1.1 billion sale of a 50 percent interest in two US offshore wind development projects to BP, including formation of a partnership to develop and operate the Empire Wind project offshore New York and Beacon Wind project offshore Massachusetts, which together could generate up to 4.4 GW
Foreign natural gas company — development of a potential LNG export terminal in Canada, including advice on the Department of Energy’s regulation of LNG exports when such project would export U.S.-sourced natural gas as LNG from Canada
Several customers of a major U.S. LNG export terminals — Department of Energy’s registration, reporting, and compliance obligations
Power marketers — compliance with FERC’s electric market-based rate program, including preparing applications for market-based rates, change in status filings, and triennial market power analyses
Transmission owners — compliance with FERC’s open access requirements for transmission service
Transmission developer — regulatory aspects of developing a merchant electric transmission line
Power marketer — rate case proceedings before the Bonneville Power Administration
Natural gas pipeline companies — development of FERC regulated infrastructure projects
Crude and petroleum product pipeline company — audits and reviews of the client’s compliance with FERC’s regulations under the Interstate Commerce Act
Crude and petroleum products pipelines — jurisdictional analyses and advising on regulatory compliance
Publications and Speeches
"California Unlocked - An update on offshore wind development goals set by California," Reuters US Offshore Wind 2022 Conference, July 11, 2022.
"Costs, Finance, and Risks and Rewards," Resources for the Future Offshore Wind: Today's Challenges and Tomorrow's Opportunities, December 2021.
"FERC Audits," Power Regulatory Webinar Series, October 26, 2016.
"US LNG Exports – Looking Back at the Regulatory Developments in 2015," Oil & Gas Financial Journal, February 2016.