Energy Law - Electric Industry
Crowell & Moring has a long history of practice experience in the electric industry that has grown significantly in recent years as industry restructuring has evolved. Examples of our experience include:
- Transmission and Sales Rates: FERC transmission rate proceedings and judicial review thereafter, negotiating and obtaining FERC approval for a Net Requirements Power Supply Contract with a municipal customer, formula rate negotiations and related litigation under FERC jurisdictional sellers' unit power sales, transmission, and rights of use agreements, and in FERC depreciation rate proceedings following the MidAmerican decision, state regulatory proceedings involving rates charged for delivery of power to customers in the transmitting utility's service area, and renegotiation of long-term, evergreen power supply contracts.
- Electric Industry Restructuring Legislation: all matters related to TVA restructuring.
- Energy Services: federal and state regulatory issues involved in the development of electric "energy services" projects.
- Stranded Costs: federal district court and FERC litigation as to whether stranded costs can be recovered from a qualified cogeneration facility consistent with PURPA.
- Power Marketing: federal and state regulatory issues affecting transactions by a utility-affiliated power marketer, applications for power marketing certificates, development of novel risk management arrangements, and negotiations and documentation of commodity transactions.
- Asset Divestiture: sections 203 and 205 Power Act approvals for divestiture of generating assets; utility asset divestiture and merger proceedings.
- Power Purchase Agreements: term sheets and power purchase agreements for independent power projects.
- RTOs: advice and commentary on FERC rule making.
- Competition Advocacy and Counseling: the full range of competition issues that arise more frequently as competitive forces become more prevalent in the industry. This work has included codes of conduct and affiliate rules, marketing plans and minimizing anti-competitive risk exposure, FERC Order No. 497 and state analogs, interlocking directorates, and permissible behavior under the antitrust laws.
- Hydroelectric: all FERC matters with respect to relicensing of facilities and related federal and state environmental proceedings.
- Transmission Facilities: all legal and regulatory matters related to a very large, high voltage interstate transmission line, including unique DOE and FERC proceedings.