Background - Practices (Details)

Power Generation and Markets


Crowell & Moring is in the forefront of the fluid and evolving power generation markets. We are active in most of the federal, and many of the state, proceedings and judicial reviews that continue to create and revise the “rules of the road” for this crucial and dynamic industry.

Crowell & Moring attorneys and professionals have been active since the 1980s in all aspects of the transformation of the power industry to a more competitive model. On behalf of a diverse group of clients, the firm has participated in the formation of the laws, rules, and policies that govern state power generation procurements, the development of long-distance, multi-state power transmission lines, the creation and regulation of large, interstate regional transmission organizations and the wholesale markets where electric power and other power-related products are bought and sold, and the complex regulation of transmission access. We also participate in the development of retail, customer-level electric power alternatives, including demand response, self-generation, distributed generation, microgrids, and energy storage.

We provide comprehensive regulatory and corporate counsel to clients seeking to develop electric power infrastructure projects of all types and sizes, and also to clients who seek to optimize their investments in existing projects by participating in the numerous markets where these resources compete to serve wholesale and retail customers. For decades, Crowell & Moring professionals have counseled clients seeking to understand, apply, or change the highly complex and ever-changing rules of this dynamic market, and we have been recognized repeatedly as industry leaders in the electric power sector.

Representative Engagements:

  • Forward Capacity Markets. Represented generators in connection with their participation in forward capacity markets, including developing comments and proposals before those system operators, at FERC, and in the appellate courts, pertaining to the performance and results of ISO-NE forward capacity auctions, market rules for compensating generators whose de-list bids in ISO-NE forward capacity auctions are rejected because of local reliability needs, ISO-NE tariff revisions regarding operational issues (including cold weather operations), ISO-NE tariff rules that coordinate the interconnection queue with the forward market and capacity market qualification process, establishment and implementation of PJM’s reliability pricing model (RPM) for forward capacity reserve markets, ISO-NE disputes involving long-term pricing commitments and renewable power set-asides, and standardization of capacity products in CAISO.
  • RTO Proceedings. Represented power suppliers in the formation or restructuring of regional transmission organizations (RTO), in matters related to transmission planning and expansion, long-term transmission rights, transmission pricing, export fees, interconnection procedures and agreements, congestion management, credit policies, market monitoring and mitigation plans, development of rules for day-ahead and real-time energy and ancillary service markets, redispatch procedures, and allocation of network upgrade costs to generators.
  • Station Power and Reactive Power. Represented generators at FERC and in stakeholder proceedings for the development and implementation of station power rules in various markets, and in obtaining fair compensation for reactive power services and modifying tariff rules for those services. 
  • State Proceedings on Power Generation. Represented clients in proceedings before many state public utility commissions, including (1) a proceeding before the Public Utility Commission of Texas to consider designation of a Renewable Energy Zone; (2) a proceeding before the New York Public Service Commission to develop methods for selection of reliability backstop projects; (3) an adjudication before the West Virginia Public Utilities Commission proposing a generation project as better alternative to a proposed transmission line expansion; (4) proceedings before the Maryland Public Service Commission to secure a certificate of public convenience and necessity to construct a large natural gas-fired power plant; and (5) a complaint proceeding before the Arizona Public Service Commission to establish procedures for competitive bidding for generation.
  • California Energy Market Collapse. Represented Duke Energy Corporation on all issues in connection with the collapse of the California energy markets in 2000-2001, including negotiation of a complex $207 million refund settlement. Our attorneys defended Duke Energy in federal and state courts against myriad class-action antitrust lawsuits. We also represented Duke Energy in (1) numerous investigations arising out of the California electricity crises by State Attorneys General, U.S. Attorneys, state legislative committees, the Securities and Exchange Commission (SEC), and the Commodity Futures Trading Commission; (2) obtaining an injunction against the Governor of California for his unconstitutional seizure of the Corporation’s long-term power contracts, and pursued damage claims for such seizure in state agency and state court proceedings; (3) White House settlement negotiations conducted in January 2001 regarding the 2000-2001 California energy crisis; and (4) commercial aspects of the California electricity crisis, including coping with the bankruptcies of Pacific Gas and Electric Company and the California Power Exchange.

Click here for representative engagements by region.