Background - Practices (Details)

Power Generation and Markets


Representative Engagements

Representative Engagements by Region

New England

Generation Development and Related Rate Litigation. Represented Competitive Power Ventures in connection with the development of generation project and FERC and Circuit Court proceedings involving options for generators to lock in clearing price for an extended period.

Third-Party Use of Interconnection Facilities. Represented generation developer in FERC and state proceedings involving the development of a transmission line connecting ISO-NE to the Northern Maine Independent System Operator, and in developing and filing with FERC transmission service agreements for third party use of interconnection facilities.

Tariff Rules. Represented a client in evaluating compliance with tariff requirements for offering energy into the day-ahead and real-time markets, and the applicable market mitigation protocols.

Pittsfield Generating Company, L.P. Represented Pittsfield in obtaining waiver of unreserved use penalties while operating under a Reliability Must-Run (RMR) agreement; in negotiation and filing of amendments to RMR Agreement to recover CO2 allowance costs; and in FERC proceeding involving tariff revisions regarding cold weather operations in the Forward Capacity Market. 

Forward Capacity Auction Performance and Results. Represented energy company in evaluation of the performance and results of ISO-NE Forward Capacity Auctions, identifying market rule flaws and proposing needed market rule revisions.

Compensation for De-List Bids. Represented New England Power Pool (NEPOOL) stakeholders in FERC proceedings pertaining to market rules for compensating generators whose de-list bids in ISO-NE Forward Capacity Auctions are rejected because of local reliability needs.

Uplift Charges. Represented Constellation Energy Group and 2 load-serving entities in negotiations to settle a dispute between competitive suppliers and local distribution companies regarding responsibility for more than $80 million in uplift charges associated with local reliability problems in Cape Cod.

Winter 2014 Reliability Program. Represented GDF Suez in FERC proceeding concerning ISO-NE’s Winter 2014 Reliability Program tariff amendments.

Forward Capacity and Forward Reserve Markets. Represented several generators in proceedings concerning the reform of ISO-NE’s Forward Capacity Market and Forward Reserve Market designs.

Forward Capacity Market Implementation. Represented generators in FERC proceedings on market rules for implementing ISO New England's Forward Capacity Market.

Reactive Power Compensation. Represented Millennium Power Partners, L.P. in proceedings relating to updating the compensation mechanism for providing reactive power services.

RMR Contracts in New England. Represented LSP Bridgeport Energy LLC, Milford Power Company, NRG Energy, Inc. and PSEG Power Connecticut, LLC in the filing and settlement negotiations and hearing procedures pertaining cost-of-service RMR contracts with ISO-NE.

Market Design. Represented a coalition of NEPOOL generators in filing a comprehensive proposal for the initial market design, including a congestion management system and a multi-settlement system.

RTO Formation. Represented a coalition of power suppliers in negotiating for the formation of an RTO covering the New England and New York regions, including developing strategies for negotiating with staff of the New England and New York RTO and other stakeholders, drafting agreements and tariffs, and participating in stakeholder meetings and smaller negotiation sessions with affected sectors.

Duke Energy Trading and Marketing, L.L.C. Represented DETM in settling litigation regarding whether, under standard offer supply contracts, suppliers or ratepayers are responsible for more than $185 million in congestion and line cost payments incurred under the NEPOOL Standard Market Design.

PG&E National Energy Group. Represented PG&E National Energy Group in the settlement of a NEPOOL tariff rate proceeding; in obtaining full credit under NEPOOL rules for the reliability benefits provided by its share of the Hydro Quebec Interconnection; in a proceeding before the Rhode Island Public Service Commission regarding the applicability of a retail tariff to the delivery of station power.

Aligning Forward Capacity Market with Interconnection Queue. Represented Competitive Power Ventures in ISO-NE stakeholder proceedings to develop tariff rules that align the interconnection queue with the Forward Capacity Market qualification process.

Investigation of Congestion Charges. Represented Competitive Power Ventures in a Connecticut Department of Public Utility Control proceeding Investigation of Measures to Reduce Federally Mandated Congestion Charges.

Power Purchase Agreements. Represented Constellation Energy Commodities Group in connection with long-term power purchase agreements.

Generator Interconnection. Represented many clients in FERC proceedings establishing the tariff rules for interconnection and in FERC proceedings in which project-specific interconnection agreements are filed.

New York

Reliability Backstop Projects. Represented Competitive Power Ventures and New Athens Generating Company in stakeholder proceedings before the New York Public Service Commission to develop methods for selection of reliability backstop projects.

Generator Interconnection and Siting. Represented CPV Valley, LLC in connection with its interconnection to the New York ISO bulk power transmission system and in New York State siting regulatory proceedings.

Empire Generating Company, LLC. Represented Empire in FERC proceedings to consider amendments to the NYISO Tariff to implement the Consensus Deliverability Plan for studying interconnection service requests.

NYISO Tariff Rules. Represented a several parties in proceedings involving tariff rules, including price caps and ancillary service terms.

RTO Formation. Represented various generators in filing an opposition to an RTO application in the New York region.

Transmission Agreement Modifications. Represented PG&E National Energy Group in opposing modifications to existing transmission agreements during transition to the New York ISO.

Creditworthiness Requirements. Represented Strategic Energy, L.L.C. in obtaining a FERC order directing the NYISO to adopt less restrictive credit requirements.

Regulatory, Corporate, and Litigation Support for Cogeneration Facility. Represented Trigen-Nassau Energy Corp. on regulatory matters, commercial agreements, and litigation related to its 52 MW cogeneration facility located on Long Island, New York, which provides cooling and heating services to a county owned sports stadium, hospital, and jail and sells electricity to the Long Island Power Authority.

Generator Interconnection. Represented many clients in FERC proceedings establishing the tariff rules for interconnection and in FERC proceedings in which project-specific interconnection agreements are filed.


Cost Allocation Proceedings. Represented generation company in proceedings before FERC and the D.C. Circuit addressing a novel question of whether FERC correctly interpreted and reasonably explained conflicting tariff provisions involving cost allocation.

Reactive Power Compensation for CPV Shore, LLC. Represented CPV Shore in obtaining FERC approval of tariff charges for the provision of reactive power services to the PJM transmission system and, when FERC set the matter for hearing, successfully negotiated a settlement that avoided further trial procedures. The reactive power compensation alone will provide the client with an additional multimillion-dollar revenue stream for each year of operation.

Certificate of Public Convenience and Necessity for Power Plant. Represented CPV Maryland, LLC in Maryland Public Service Commission proceedings seeking a certificate of public convenience and necessity to construct a power plant.

Demand Response. Represented various clients with respect to PJM's and other regions' and states' demand response programs.

PJM’s Reliability Pricing Model Capacity Market. Represented several clients with revisions to PJM's Reliability Pricing Model (RPM) capacity market design and implementation and with regard to PJM's Minimum Offer Price Rule (MOPR) and submission of MOPR exception applications to PJM's Independent Market Monitor.

Duquesne Withdrawal from PJM. Represented Reliant Energy, Inc. in various proceedings pertaining to the withdrawal of the Duquesne Light Company transmission system from PJM.

Greenhouse Gas Initiative. Represented CPV Maryland, LLC in Maryland Department of the Environment proceedings with regard to the design and implementation of a regional greenhouse gas initiative in Maryland.

PJM Restructuring. Represented PECO Energy Company in the filing of a comprehensive proposal to restructure the PJM markets under Order No. 888, and in opposing rate design and congestion management proposals for PJM markets.

RTO Formation. Represented various clients in regulatory proceedings involving the PJM RTO, including matters related to transmission planning and expansion, long-term transmission rights, transmission pricing, interconnection procedures and agreements, congestion costs and rights, credit policies, and expanding the PJM RTO to include a number of Midwest utilities.

Ancillary Service Payments. Represented Potomac Electric Power Company in connection with the implementation of PJM rules for ancillary service payments.

PJM Line Loss Methodologies. Represented various clients in FERC proceedings to adopt a new marginal loss methodology and the allocation of surplus revenues to market participants.

Merchant Transmission Cost Allocations. Represented New York Power Authority in a proceeding to allocate Regional Transmission Expansion Project costs to merchant transmission projects.

Reactive Power Compensation. Represented many generators in FERC proceedings to obtain compensation for reactive power supply services.

Reliability Must-Run Tariff. Represented PSEG Fossil LLC and PSEG Energy Resources & Trade in FERC proceedings and settlement negotiations involving its cost-of-service tariff for RMR service.

Seams Elimination Charge Adjustment. Represented Duke Energy Trading and Marketing, L.L.C. in FERC proceedings involving the Seams Elimination Charge Adjustment (SECA) arising from the realignment of RTO plans in the Midwest; resulting in a settlement that resolved all issues and achieved significant refunds for the client.

State Regulatory Proceeding on New Transmission Line. Represented CPV Warren, LLC in West Virginia Public Service Commission proceedings opposing a certificate of need for a new transmission line approved by PJM.

Limitations on PJM Participation. Represented Lackawanna Energy Center in FERC proceeding opposing PJM’s proposal to limit its generation project’s ability to participate in the PJM capacity market based on claims from a neighboring system that it would be adversely affected.

Generator Interconnection. Represented many clients in FERC proceedings establishing the tariff rules for interconnection and in FERC proceedings in which project-specific interconnection agreements are filed.

Southwest Power Pool

SPP Integrated Market Place. Represented BP Wind Energy North America in FERC proceedings establishing new market rules affecting the operation of wind projects and the allocation of congestion rights to point-to-point transmission customers.

SPP Cost Allocation Rules. Represented Invenergy in FERC proceedings establishing and implementing the rules for awarding transmission reimbursement credits to companies required to initially fund the entire cost of a transmission upgrade. 

RTO Formation. Represented various clients in proceedings relating to the formation and development of the SPP addressing issues including the design of the energy imbalance market and market monitoring procedures, standardized interconnection procedures and agreements, allocation of network upgrade costs to generators, reactive power compensation, and various transmission and market initiatives.

External Resource Participation in SPP Markets. Represented a client in the negotiation of the rates, terms, and conditions for an external generator to participate in the SPP Energy Imbalance Market.

Station Power. Represented a client in the design of market protocols for station power self-supply in SPP.

Rebuttal of Market Power Presumption. Represented Dogwood Energy LLC in successfully rebutting the presumption of market power, and thereby retaining its market-based rate authority for wholesale power sales in its relevant market, and resulting in a FERC order further clarifying market-based rate precedent in the context of independent power generators.

Construction Agreement. Represented Redbud Energy LP in negotiating a construction agreement under the SPP tariff and related transmission credits.

OCC Presentation on RTO Proposal. Represented InterGen in developing proposals for presentation to the Oklahoma Corporation Commissioners and in preparation for stakeholder meetings on market design and transmission pricing aspects of the RTO proposal.

Generator Interconnection. Represented many clients in FERC proceedings establishing the tariff rules for interconnection and in FERC proceedings in which project-specific interconnection agreements are filed.


Wolverine Power Supply Cooperative, Inc. Represented Wolverine in FERC proceeding setting rates for a power sale agreement and reactive power compensation, and counseled with respect to MISO market rules, cost allocation, and rate design issues.

Duquesne Integration in MISO. Represented Reliant Energy, Inc. in FERC proceedings pertaining to the integration of the Duquesne Light Company transmission system into MISO.

Ancillary Services Rates. Represented Constellation Energy Commodities Group, Inc. in a FERC proceeding to establish rates for sales of ancillary services to Ameren Illinois.

Resource Adequacy. Represented Reliant Energy, Inc. in a proceeding to establish a Resource Adequacy Requirement rules and tariff requirements for MISO. 


Reactive Power Compensation. Represented Reliant Energy, Inc. and New Covert Generating Company in FERC proceeding to modify MISO’s rules on compensating generators for reactive power compensation.

MISO Tariff Rules. Represented a number of clients in MISO proceedings addressing design of market monitoring and mitigation plans, standardized interconnection procedures and agreements, development of rules for day-ahead and real-time energy and ancillary service markets, creation of financial transmission rights and the rules for allocating and auctioning those rights to market participants, the establishment of independent transmission companies within the RTO, and allocation of network upgrade costs to generators.

Complaint Against MISO. Represented a client in FERC complaint proceeding regarding MISO’s implementation of tariff terms, including improper assignment of penalties, overcharges related to changes in the designation of transmission paths, and inflexible redispatch procedures.

RTO Formation. Represented a coalition of generators participating in the Alliance RTO formation stakeholder processes concerning standardized interconnection procedures and agreements by preparing negotiation drafts, forging consensus among the coalition, and representing the coalition members at stakeholder meetings and in FERC proceedings involving the proposals filed by the RTO.

Market Evaluations. Represented a client in the comprehensive analysis of the largest utility in the Midwest to support this client's efforts to formulate regulatory strategies for marketing the output of its merchant generation in the region.

Electric Power Supply Association. Represented EPSA and other clients in challenging transfers of merchant generators to affiliated franchised utilities in Illinois and Missouri.

Transmission Rates. Represented various clients in disputes concerning terms, conditions, and pricing of transmission services with Midwest utilities.

Transmission/Distribution Categorization. Represented Wolverine Power Supply Cooperative, Inc. with respect to FERC's application of its seven-factor test in classifying facilities as serving either a transmission or distribution function.

Generator Interconnection. Represented many clients in FERC proceedings establishing the tariff rules for interconnection and in FERC proceedings in which project-specific interconnection agreements are filed.

Central Transmission, LLC. Represented Central Transmission in FERC complaint proceeding seeking reforms to the PJM tariff to ensure that new entrants have the same rights to propose, build, and receive cost-based compensation for transmission projects as incumbent transmission owners, and in an incentive rate filing before FERC.


Capacity Compensation. Represented client in the design and execution of its novel regulatory strategy to obtain a capacity contract for its generation facility, at risk of retirement due to economic conditions in California.

Calpine Corporation. Represented Calpine Corporation on California market matters, including proceedings before FERC and the California Public Utilities Commission (CPUC) regarding standardization of capacity product, the Resource Adequacy program, centralized capacity market proposals, the Interim Capacity Procurement Mechanism, Exceptional Dispatch, station power, and transmission interconnection.

CAISO Complaint Proceeding. Represented California Sellers (Calpine Corporation, Citigroup Energy Inc., Dynegy Power Marketing, Inc., J.P. Morgan Ventures Energy Corporation, Mirant Energy Trading, LLC, NRG Energy, Inc., Powerex Corporation, and RRI Energy, Inc.) in a complaint to FERC overturning CAISO tariff provisions on allocation of market default losses.

CAISO Enforcement Matter. Represented four utilities in non-public enforcement proceedings at FERC dealing with investigation of potential violations of CAISO tariff rules, all closed by FERC without taking any actions against the utilities.

CAISO Market Participation. Represented a California generator in connection with proposed interconnection to CAISO grid and disconnection from Western Area Power Administration (WAPA) transmission system.

California Energy Crisis. Represented Duke Energy Corporation in all aspects of the turmoil surrounding 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 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.

Transmission Service Rights. Represented NaturEner USA, LLC in FERC proceedings and commercial negotiations regarding a wind project's transmission service rights from merchant transmission provider.

Duke Energy Moss Landing, L.L.C. Represented Moss Landing in a complaint and subsequent administrative proceedings with FERC, pursuant to Section 206 of the Federal Power Act (FPA), in obtaining revision of certain CAISO tariff provisions and protocols that impede California generating facilities from self-supplying station power.

Duke Energy Corporation. Represented Duke in obtaining an injunction against the Governor of California for his unconstitutional seizure of the Corporation's long-term power contracts. Also pursued damage claims for such seizure in state agency and state court proceedings.

ISO Formation. Represented various clients in submitting comments on a range of matters at FERC involving restructuring of the California electricity market and in litigating appeals where necessary.

CAISO Market Design. Represented various clients in advocating market redesign in California before the CAISO, the California Public Utilities Commission, and FERC.

Reliability Must-Run Contracts. Represented various clients in negotiating, drafting, and implementing California's RMR contract for generating units.

Western Systems Power Pool. Represented various clients in the defense and settlement negotiations of challenges to long-term contracts and transactions under the Western Systems Power Pool Agreement.

RTO Formation. Represented various clients in proceedings involving three proposed RTOs (RTO West, California ISO, and WestConnect) including governance issues, export fees, market designs, congestion management methods, and means to assure access to all transmission lines in the region, including those owned by federal utilities, such as Bonneville Power Administration and Western Power Administration, and other governmental utilities.

Generator Interconnection. Represented many clients in FERC proceedings establishing the tariff rules for interconnection and in FERC proceedings in which project-specific interconnection agreements are filed.