Education

  • University of Chicago, B.A. (1982)
  • University of Chicago Law School, J.D. (1985)

Admissions

  • District of Columbia
  • Pennsylvania
Larry F. Eisenstat, Partner Washington, D.C.
leisenstat@crowell.com
Phone: +1 202.624.2600
1001 Pennsylvania Avenue NW
Washington, D.C. 20004-2595

Larry Eisenstat is a partner in Crowell & Moring's Washington, D.C. office where he is chair of the firm's Energy Group. He has considerable experience handling both regulatory and transactional matters, as well as litigation, compliance, and enforcement matters on behalf of both energy and non-energy companies. He also devotes a substantial part of his time to energy policy, strategic planning, investment, and corporate reorganization matters.

Energy

Larry has served as lead counsel on numerous administrative and judicial proceedings before federal and state courts and administrative agencies. He counsels independent power producers, regulated utilities, marketers, financial institutions, distributed generation, storage and smart grid providers, trade associations, and large energy consumers on transmission and interconnection, power supply and planning, and market design, trading, and restructuring issues. He also serves as project counsel for both conventional and renewable power plants and transmission projects throughout North America. He has counseled clients on mergers, asset acquisitions and sales, and in negotiations and litigations regarding virtually all aspects of electric infrastructure development and operations, utility solicitations, contract disputes, transmission planning, market access, market power and power marketing issues, market monitoring, compliance and enforcement matters, and efforts to develop regional transmission organizations, independent system operators, and transmission companies. Larry has successfully represented numerous electric power suppliers in all manner of traditional and ancillary rate proceedings and investigations, including the first affiliated power producer to receive market-based rate authority from the FERC.

Complex Commercial Litigation

Prior to his work in the energy field, Larry litigated construction, eminent domain, trade secret, First Amendment, and other disputes, and counseled clients on matters related to threatened and pending criminal prosecutions. Most of these proceedings involved highly technical and financially complex commercial transactions that required sophisticated damage and other economic analyses.

Antitrust

Larry has participated in civil and criminal antitrust proceedings and unfair competition matters in federal and state courts, and has negotiated dispositions with the U.S. Department of Justice related to price-fixing claims, consent decrees, and a variety of investigations, including many that arose out of the California meltdown and concerning both eastern and western electric power and gas markets. He began his career representing various telecommunication concerns in proceedings related to the AT&T divestiture decree.

Recognitions

Public Utilities Fortnightly listed Larry in its first-ever hotlist of "Groundbreaking Lawyers" following a Fortnightly survey of in-house counsel, public utility commissions, and trade associations. Also since 2005, Larry has been ranked in Chambers USA: America's Leading Lawyers for Business in the Energy area. The 2012 guide ranks Larry as a band-1 attorney, describing him as "well known throughout the industry for his 'sophisticated understanding' of both the legal and business issues facing energy companies" and as "well versed in FERC transmission issues, including policy, FERC compliance and other regulatory processes." The 2011 guide describes him as a "confident and appropriately aggressive litigator," noted for his enforcement and compliance work. Previous editions of Chambers refer to Larry as "a skilled and tenacious litigator with a great depth of understanding of the independent power business, from transmission and interconnection to siting and development," "excellent at keeping clients out of trouble, and a good bet for gloves-off litigation," "the one you want in your corner when things get sticky," "the perfect man for any negotiation or adversarial scenario... [he] understands his client's objectives and then applies his exceptional market knowledge to make it happen," and whose "strengths include a 'proactive and strategic business mind' and the ability to be a 'master of the extracurricular, political side of the game.'" Larry also has been consistently recognized as a leading lawyer by Chambers Global.

In addition, he has been nominated by in-house counsel and his peers to be included in the forthcoming Guide to the World's Leading Energy Attorneys (9th edition, 2012) as one of the outstanding practitioners in the United States. Larry was also included in the 2012 edition of Legal 500: The Client's Guide to the U.S. Legal Profession and the 2013 edition of Best Lawyers in America.

In 2011, Larry was profiled in Law360's MVP award series, a distinction extended only to 92 attorneys nationwide across 16 practice areas. He was also recognized in Washington D.C. Super Lawyers, The Best Lawyers in America, and Lawdragon's 500 Leading Lawyers in America, in which it was stated that Larry's "creative solutions to complex regulatory, project development and finance, and litigation problems put him heads above the rest in energy." He also has been named in Lawdragon's "New Stars, New Worlds," which profiles the "freshest faces in American law."



Affiliations

Admitted to practice: District of Columbia and Pennsylvania



Speeches & Presentations

  • "The California Market – In Need of More Capacity," Infocast Projects & Money, New Orleans, LA (January 15, 2014). Speaker: Larry F. Eisenstat.
  • "Federal Regulatory Innovations for Enhanced Renewable Energy Integration into U.S. Power Markets," ACORE Annual Membership Meeting, Washington, D.C. (February 5, 2013). Speaker: Larry F. Eisenstat.
  • "Market Design and Capacity Markets: What Will It Take to Attract Investments?," Infocast Projects & Money, New Orleans, LA (January 16, 2013). Speaker: Larry F. Eisenstat.
  • "New Interconnection Products that Make Use of Existing Underutilized Capacity," AWEA Wind Power 2012 Conference, Atlanta, GA (June 4, 2012). Speaker: Larry F. Eisenstat.
  • "A Conversation on the Outlook for Energy Capital Markets," Energy Executive Briefing, Washington, D.C. (April 25, 2012). Speaker: Larry F. Eisenstat.
  • "Resource Planning and Integration in Transition," Infocast Projects & Money, New Orleans, LA (January 20, 2012). Speaker: Larry F. Eisenstat.
  • "The Resurgence of Gas-Fired POWER," Infocast Projects & Money, New Orleans, LA (January 18, 2012). Speaker: Larry F. Eisenstat.
  • "Regulators' Perspectives on Managing the Generation Fleet Transition," Infocast Power Generation Summit, Washington, D.C. (November 3, 2011). Speaker: Larry F. Eisenstat.
  • "Allocating Cost for New Interstate Transmission Lines," Platts Transmission Planning & Development Forum, Arlington, VA (September 12, 2011). Speaker: Larry F. Eisenstat.
  • "The Regulatory Environment for Renewable Energy," Argyle Executive Forum Deal Making in Renewable Energy, New York, NY (March 24, 2011). Speaker: Larry F. Eisenstat.
  • "Wind Power Outlook," Infocast Projects & Money, New Orleans, LA (January 12, 2011). Speaker: Larry F. Eisenstat.
  • "Regulatory Issues and Challenges in the Utilities Sector," Argyle Executive Forum: Leadership in Utilities, New York, NY (December 14, 2010). Speaker: Larry F. Eisenstat.
  • "Corporate Perspectives on the Market: Creating Value in the New Environment," Infocast Power Dealmaking Summit, New York, NY (September 14, 2010). Speaker: Larry F. Eisenstat.
  • "The Most Significant Barrier to Constructing Needed Transmission: Cost Allocation Policies," AWEA Windpower 2010 Conference & Exhibition, Dallas, TX (May 25, 2010). Speaker: Larry F. Eisenstat.
  • "Government Policy Outlook: What to Watch for in 2010," Infocast Projects & Money Summit, New Orleans, LA (January 12, 2010). Speaker: Larry F. Eisenstat.
  • "Regulatory Issues and Challenges in the Utilities Sector," Argyle Executive Forum: Leadership in Utilities, New York, NY (December 2, 2009). Speaker: Larry F. Eisenstat.
  • "Statewide Incentives," SEPA/SEIA Solar Power International Conference, Anaheim, CA (October 28, 2009). Speaker: Larry F. Eisenstat.
  • "Maximizing our Nation's Energy Resources and Becoming More Energy Efficient," The Reform Institute National Energy Symposium, Washington, D.C. (April 21, 2009). Speaker: Larry F. Eisenstat.
  • "Renewable Policy Update," Infocast Renewable Energy M&A Summit, Washington, D.C. (April 16, 2009). Speaker: Larry F. Eisenstat.
  • "Transmission Services: A Developer's Perspective," AWEA Wind & Transmission Workshop, Overland Park, KS (March 17, 2009). Speaker: Larry F. Eisenstat.
  • "FERC and CFTC Audits and Investigations: Responses and Approaches for Mitigating Penalties and Reputational Harm," American Conference Institute: Energy Trading Compliance, Houston, TX (January 29, 2009). Speaker: Larry F. Eisenstat.
  • "Capital Markets Outlook," Infocast Projects & Money Conference, New Orleans, LA (January 13, 2009). Speaker: Larry F. Eisenstat.
  • "Wind and Solar Opportunities for Utilities," Argyle Executive Forum, 2008 Leadership in Utilities, New York, NY (December 11, 2008). Speaker: Larry F. Eisenstat.
  • "What to Do If You Are Faced with a Compliance Audit or Investigation," FERC Compliance Summit 2008, Washington, D.C. (October 22, 2008). Speaker: Larry F. Eisenstat.
  • "Transaction Trends, Opportunities, and Challenges," Argyle Executive Forum – 2008 Deal Making in the Energy Sector (June 25, 2008). Speaker: Larry F. Eisenstat.
  • "Wind Energy 101: Fundamentals of Wind Energy," AWEA WINDPOWER 2008 Conference & Exhibition, Houston, TX (June 1, 2008). Speaker: Larry F. Eisenstat.
  • "Solutions for Using the Grid Better: Making New Transmission Products Work," AWEA and CanWEA Wind & Transmission Workshop, Detroit, MI (March 18, 2008). Speaker: Larry F. Eisenstat.
  • "Deal Making in the Energy Sector," Argyle Executive Forum—2007 Energy and Private Equity: Redefining the Incumbent and Alternative Energy World (June 12, 2007). Speaker: Larry F. Eisenstat.
  • "Open Access Transmission Tariff Reform," Energy Bar Association Annual Meeting (April 25, 2007). Speaker: Larry F. Eisenstat.
  • "Current Regulatory Issues Associated with Wind Energy," AWEA Fall Symposium (December 8, 2006). Speaker: Larry F. Eisenstat.
  • "Available Transmission Capacity, Now You See It, Now You Don't?," Infocast - OATT Reform: Revisiting the Open Access Transmission Tariff, Washington, D.C. (June 9, 2006). Speaker: Larry F. Eisenstat.
  • "OATT Reform NOPR, What's Missing—But Not Forgotten, Hopefully," Infocast - OATT Reform: Revisiting the Open Access Transmission Tariff, Washington, D.C. (June 8, 2006). Speaker: Larry F. Eisenstat.
  • "Generator Interconnection: An Evaluation of Interconnection and Transmission Funding Arrangements on Wind Power Development," AWEA WINDPOWER 2006 Conference & Exhibition (June 7, 2006). Speaker: Larry F. Eisenstat.
  • "Regulatory Issues Facing Wind Energy Suppliers," AWEA Wind Energy Fall Symposium (September 29, 2005). Speaker: Larry F. Eisenstat.
  • "Power Generation—Utility RFPs and IPP Generation," Seattle, Washington (October 21-22, 2004). Speaker: Larry F. Eisenstat.
  • "Washington Update," Southeastern Electric Exchange Rate Section Meeting (April 28-30, 2004). Speaker: Larry F. Eisenstat.


Publications

  • "Rewiring the Future of State Power Generation," Law360 (February 20, 2014). Author: Larry F. Eisenstat.
  • "Litigation Forecast 2014: What Corporate Counsel Need to Know for the Coming Year," a Crowell & Moring LLP publication (January 2014). Contributors.
  • "Developing Renewable Power Projects and the Continued Relevance of PURPA," North American Clean Energy (July/August 2013). Author: Larry F. Eisenstat.
  • "The $1 Billion Prize to Build a Better Battery," Electric Light & Power (September/October 2012). Author: Larry F. Eisenstat.
  • "Investing in Offshore Wind Projects and the Role of the U.S. Federal Government," North American Clean Energy (July/August 2012). Author: Larry F. Eisenstat.
  • "Drafting Against Disaster: Crafting Effective Agreements for Solar Developments Projects," North American Clean Energy (May/June 2012). Author: Larry F. Eisenstat.
  • "Demand Resources Demand Reflection," Electric Light & Power (March/April 2012). Author: Larry F. Eisenstat.
  • "Better to Bite the Bullet Than Take it Elsewhere," Electric Light & Power (November/December 2011). Author: Larry F. Eisenstat.
  • "The Triumph of the Regulated Utility Model?" Electric Light & Power (July/August 2011). Author: Larry F. Eisenstat.
  • "In Defense of the Imperfect but Important Loan Guarantee Program," North American Clean Energy (July/August 2011). Author: Larry F. Eisenstat.
  • "Barriers to Transmission: Cost Allocation Policies Limit New Transmission Construction," Wind Today (Fourth Quarter 2010). Author: Larry F. Eisenstat.
  • "Just Do It—Please!," Electric Light & Power (November/December 2010). Author: Larry F. Eisenstat.
  • "States Take Steps to Expedite Hydrokinetic Project Reviews," North American Clean Energy (July/August 2010). Author: Larry F. Eisenstat.
  • "The 'But For' Test—A Fiction That Needs to Go," Energy Law360 (June 2010). Author: Larry F. Eisenstat.
  • "Transmission Cost Allocation? What Can We Get for Three-Tenths of a Cent?," Electric Light & Power (May/June 2010). Author: Larry F. Eisenstat.
  • "Matching Distributed Energy Storage with Wind Power," North American Clean Energy (March/April 2010). Author: Larry F. Eisenstat.
  • "Geothermal From the Ground Up," North American Clean Energy (January/February 2010). Author: Larry F. Eisenstat.
  • "Overcoming Boundaries (Real and Imagined) to Hydrokinetic Power Development," Electric Light & Power (November/December 2009). Author: Larry F. Eisenstat.
  • "The SAFETY Act Affords Protections for Smart Grid Players," Renew Grid (October 2009). Author: Larry F. Eisenstat.
  • "Long-term PPAs," Electric Light & Power (September/October 2009). Author: Larry F. Eisenstat.
  • "Frontier Projects in Frontier Areas," North American Clean Energy (September/October 2009). Author: Larry F. Eisenstat.
  • "Biomass Cofiring: Another Way to Clean Your Coal," POWER (July 2009). Author: Larry F. Eisenstat.
  • "The Importance of SAFETY Act Protections for the Electric Power Industry," Electric Light & Power (May/June 2009). Author: Larry F. Eisenstat.
  • "AGs vs. Utilities," Public Utilities Fortnightly (June 2009). Author: Larry F. Eisenstat.
  • "Earth, Wind, and Fire: How to Move Renewable Resources From Here to There," North American Clean Energy (May/June 2009). Author: Larry F. Eisenstat.
  • "Building a Power Plant in Chaotic Economic Times," Law360 (January 29, 2009). Author: Larry F. Eisenstat.
  • "Why Not RFPs?," Electric Light & Power (November/December 2008). Author: Larry F. Eisenstat.
  • "Wind and Nuclear: 'Tis Beauty in the Beasts," Electric Light & Power (July/August 2008). Author: Larry F. Eisenstat.
  • "Increasing the Pace of Electric Transmission Construction," Electric Light & Power (May/June 2008). Author: Larry F. Eisenstat.
  • "Breaking the Renewables Log Jam," Electric Light & Power (November/December 2007). Author: Larry F. Eisenstat.
  • "Re-Regulation is not the Solution to High Prices," Electric Light & Power (September/October 2007). Author: Larry F. Eisenstat.
  • "A Federal Mandate Requires Federal Action," Electric Light & Power (July/August 2007). Author: Larry F. Eisenstat.
  • "What's Left of Mobile-Sierra," Electric Light & Power (March/April 2007). Author: Larry F. Eisenstat.
  • "Interconnection and Transmission Funding Arrangements in Wind Power Development," Wind Today (First Quarter 2007). Author: Larry F. Eisenstat.
  • "Building a Billion Dollar Power Plant," Electric Light & Power (November/December 2006). Author: Larry F. Eisenstat.
  • "FERC's Station Power Policies," Electric Light & Power (September/October 2006). Author: Larry F. Eisenstat.
  • "Psst—Wanna Build a Power Plant?," Electric Light & Power (July/August 2006). Author: Larry F. Eisenstat.
  • "Removing Impediments to Wind and Other Renewable Resources," Electric Light & Power (May/June 2006). Author: Larry F. Eisenstat.
  • "PURPA Lives," Electric Light & Power (March/April 2006). Author: Larry F. Eisenstat.
  • "Why Can't I Just Retire My Plant?" Electric Light & Power (November/December 2005). Author: Larry F. Eisenstat.
  • "Law? What Law? Generators Selling in RTO Markets Still Have Control Over Their Rates," Electric Light & Power (September/October 2005). Author: Larry F. Eisenstat.
  • "Nondiscriminatory Transmission Cannot Ensure Competition," Electric Light & Power (July/August 2005). Author: Larry F. Eisenstat.
  • "Success of Wind Energy Requires Immediate Changes in Federal Policies," Electric Light & Power (March/April 2005). Author: Larry F. Eisenstat.
  • "Save Your Local Utility," Legal Times (August 16, 2004). Author: Larry F. Eisenstat.
  • "A Market Access Plan for Vertically Integrated Utilities," Public Utilities Fortnightly (August 2004). Author: Larry F. Eisenstat.
  • "Carrots & Competition: Shouldn't Utilities Earn a 'Return' on Purchased Power?" Electric Light & Power (May/June 2004). Author: Larry F. Eisenstat.
  • "Rethinking the Near-Term Platform for Achieving Competitive Wholesale Markets," Electric Light & Power (May 2003). Author: Larry F. Eisenstat.
  • "Contract Implications of Rollback of Deregulation," Power Value (September/October 1998). Author: Larry F. Eisenstat.
  • "What Are the Reliability Related Obligations of the Participants in the Restructured California Electricity Market?" Power Value (July/August 1998). Author: Larry F. Eisenstat.
  • "Who Owns Customer Data?" Power Value (May/June 1998). Author: Larry F. Eisenstat.
  • "Guaranteed Savings Contracts in California," Power Value (March/April 1998). Author: Larry F. Eisenstat.
  • "Emerging Liability Issues for the New Electric Power Industry," Electricity Journal (March 1998). Author: Larry F. Eisenstat.
  • "Risk-Based Competition," Power Value (November/December 1997). Author: Larry F. Eisenstat.
  • "Energy Focus," Independent Energy (November 1997). Author: Larry F. Eisenstat.
  • "Customer Choice Means Contractual Choice," Power Value (March/April 1997). Author: Larry F. Eisenstat.
  • "Two Important Contract Questions," Power Value (1996). Author: Larry F. Eisenstat.
  • "Yes, Transmission Pricing Should Foster Competition," Private Power Executive (November/December 1993). Author: Larry F. Eisenstat.


Client Alerts & Newsletters



In the News

  • Energy Cases To Watch In 2014
    January 1, 2014 — Energy Law360

    Larry Eisenstat, an Energy Group partner based in Crowell & Moring's Washington, D.C. office, discusses one of the top energy cases to watch in 2014, South Carolina Public Service Authority v. FERC. About the case he says, "At the highest level, it's about FERC's authority to require a certain degree of planning and certain way of determining under what circumstances can transmission be built. …To some extent, it's another state-federal issue, and to some extent, it's a new [generation] entry issue."




Firm News & Announcements

Mar.13.2014 Chambers Global 2014 Ranks Four Crowell & Moring Attorneys and Two Practice Groups
Sep.03.2013 The Best Lawyers In America 2014 Recognizes 41 Crowell & Moring Attorneys
Sep.01.2013 Super Lawyers 2013 Recognizes 64 Crowell & Moring Attorneys
Jul.01.2013 Crowell & Moring Boosts Energy and Corporate Practices with Addition of Six-Member Team
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