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With decades of experience practicing within and before federal and state energy regulatory agencies, our energy team knows how to make regulation work for and not against our clients’ interests. Bracewell's energy regulatory group represents clients in all aspects of power generation and transmission regulation, licensing and ratemaking. The group's attorneys and non-attorney regulatory consultants, together with the firm's white-collar crime and regulatory investigations group, have experience in representing clients before the DOE, FERC, CFTC, Securities & Exchange Commission, Department of Justice and Federal Trade Commission in regulation, compliance and enforcement cases. Our regulatory team includes counsel with more than 25 years of senior-level experience at the CFTC and FERC, and our clients benefit from the relationships our lawyers and consultants have developed with decision-makers and staff at these agencies.

Experience

Recent Notable Matters

Black Hills Power, Cheyenne Light Fuel and Power, and Black Hills Colorado — various FERC wholesale power sales and transmission issues, including transmission formula rates, Order No. 1000 and interconnection matters

Central Maine Power Company FERC transmission matters, including transmission rate submittal for the New England Clean Energy Connect

Central Maine Power Company and The United Illuminating Company a series of FERC complaint proceedings, including full hearings, and D.C. Circuit appeals regarding the return on equity (“ROE”) the companies recover for their transmission investments through FERC jurisdictional transmission rates

Central Maine Power Company, Maine Electric Power Company, New York State Electric & Gas Corporation, Rochester Gas and Electric Corporation and The United Illuminating Company — FERC and CFTC compliance and various wholesale power sales, centralized markets, transmission and ratemaking issues at FERC, including transmission formula rate, market-based rate, Order No. 1000 and interconnection matters

H.Q. Energy Services (US) Inc. regulatory advice in connection with Central Maine Power Company’s (CMP) New England Clean Energy Connect transmission project and the negotiation of long-term transmission service agreements with CMP and power sales agreements with the electric distribution operations of Eversource, National Grid and Unitil

New England Power Generators Association filed complaint on behalf of the NEPGA against ISO New England regarding how to price the capacity of a large generation resource in the annual capacity auction

Powerex Corp. representation in proceedings affecting their transmission portfolio, including responding to the integration of renewable resources

Powerex Corp. U.S. legal and regulatory advisor in negotiations with the California ISO (CAISO) to create a framework for cross-border participation in the CAISO’s western energy imbalance and expanded multi-state day-ahead markets; representation at FERC for approval of the same

Shell Energy North America (US), L.P. heavily litigated Western energy markets cases before FERC involving long-term contracts

Shell Energy North America (U.S.) L.P., Avangrid Renewables Holdings, Inc., Madison Gas and Electric Company, EDF Trading North America L.L.C., Northeast Utilities Service Company, American Electric Power Company, Total Gas & Power, Covanta Energy Corporation, Engie (f/k/a GDF SUEZ Energy North America, Inc.), Black Hills, NRG Energy, Inc. and South Jersey Industries, Inc. — comprehensive representation before the CFTC and other regulators in the development of regulations and policies to implement the Dodd-Frank Wall Street Reform and Consumer Protection Act

Various independent power producers reactive power rate schedule submittals and resulting FERC settlement proceedings, including filings to obtain reactive power revenue for generation facilities not already receiving reactive power revenue and filings related to transaction-related ownership changes

Avangrid Renewables Holdings, Inc. regulatory and commercial advice regarding a complex structure providing for the optimization of transmission among renewable generators

Black Hills Corporation — energy regulatory support for its three transmission utilities’ (Black Hills Power, Cheyenne Light Fuel and Power and Black Hills Colorado) efforts to join a regional market with other utilities in the Mountain West

Great Plains Energy Incorporated — FERC regulatory submittals, including Federal Power Act Section 203 authorization, for the revised stock-for-stock merger of equals transaction with Westar Energy, Inc., creating Evergy Inc., 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

Rockland Capital, LLC FERC approvals and other energy regulatory submittals for Rockland’s asset acquisition of a portfolio of six generating plants with a combined generation capacity of 972.5 MW from AES Ohio Generation, LLC

TexGen Power LLC (formally ExGen Texas Power, LLC) successfully handled Texas PUCT review of generator holdco though bankruptcy process and foreclosure with non-traditional equity requiring a unique market power analysis

Engie (f/k/a GDF SUEZ Energy North America, Inc.) — energy regulatory matters related to its $3.3 billion sale of 8.7 GW of thermal merchant generation facilities to a joint venture formed by Dynegy, Inc. and Energy Capital Partners

Hydro One Limited — FERC Federal Power Act Section 203 authorization for the pending $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

Shell Energy North America (US), L.P. litigation, held before FERC and the Ninth Circuit Court of Appeals, and a settlement filed with FERC over claims for refunds for short-term energy sales that Shell Energy made in the western U.S. markets during the 2000-2001 California energy crisis

Engie (f/k/as GDF SUEZ Energy North America, Inc.) — energy regulatory matters and related assignments (before the FERC and the FCC) regarding its sale of 1.2 GW of pumped storage hydro assets and 0.2 GW of conventional hydro assets located in Massachusetts and Connecticut

Multi-national independent power producer holding retail electricity and natural gas marketer licenses advised in various jurisdictions of the state public utility commission change in status reporting requirements triggered by: (1) upstream changes in ownership; (2) changes in corporate form (i.e., from a corporation to a limited liability company); and (3) corporate name changes. Prepared notices of change in status and/or new applications, as required on a jurisdiction-by-jurisdiction basis, in 13 states.

Integrys Energy Group, Inc. — FERC approvals pursuant to the Federal Power Act for the acquisition of Integrys Energy Group Inc. by Wisconsin Energy Corp. for $9.1 billion

Integrys Energy Group, Inc. — FERC authorization for the $298 million sale of 100 percent of the stock of Upper Peninsula Power Company to Balfour Beatty Infrastructure Partners L.P.

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FERC Issues Transmission Notices of Inquiry Focused on Return on Equity and Transmission Incentives

On Thursday, March 21, 2019, the Federal Energy Regulatory Commission (“FERC” or “Commission”) issued two Notices of Inquiry (“NOIs”). One NOI focuses on FERC’s approach to determining the Return on Equity (“ROE”) for FERC jurisdictional electric transmission and cost-based wholesale power rates (“ROE Inquiry”)...

FERC Revises Interlocking Directorate Reporting Requirements

A February 21, 2019 Federal Energy Regulatory Commission (“FERC”) order updated certain FERC interlocking directorate requirements (“Order”).[1]  More detailed background information on FERC’s interlocking directorate requirements is provided below, but in short, these requirements apply to the officers and directors...

Holmstead Testimony on NSR Reform

February 14, 2018

 On February 14, Environmental Strategies Partner Jeff Holmstead testified before the House Committee on Energy and Commerce on the need to reform EPA’s New Source Review (NSR) program. As the former head of EPA’s Air Office, Holmstead argues that thoughtful reform can preserve the benefits of the NSR program while substantially reducing the burden that it imposes on U.S. industry. 

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