Energy Generation and Transmission REGULATORY AND GOVERNMENT AFFAIRS

Companies around the world turn to our lawyers for assistance navigating regulatory challenges involving traditional and renewable energy.


WilmerHale's energy practice is built on the firm's recognized strengths in the areas of public policy, project finance and development, corporate transactions, intellectual property, government contracting, and dispute resolution. Calling on our extensive experience across the energy industry, we help clients navigate regulatory challenges in traditional, renewable and clean technology energy markets. Our lawyers handle all aspects of project development for complex energy projects, including financing; permitting; the negotiation of engineering, procurement and construction contracts; and drafting necessary operational agreements. We address finance, development, operational and regulatory issues for a variety of traditional and renewable energy facilities, including solar, cogeneration, hydroelectric, biomass, liquefied natural gas (LNG) import and export terminals, landfill gas-to-energy, wave energy, and wind power. Our lawyers also represent clients in investigations, enforcement activity and litigation brought by regulatory agencies, including the US Departments of the Interior, Energy and Justice, and the Environmental Protection Agency (EPA).

Contacts

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Spielman, Andy

Andrew L. Spielman

Co-Partner-in-Charge, Denver Office

Chair, Energy, Environment and Natural Resources Practice

+1 720 274 3161 (t)

andy.spielman@wilmerhale.com

Salazar, Ken

Ken Salazar

Partner

+1 720 274 3131 (t)

Connor, Michael

Michael Connor

Partner

+1 202 663 6063 (t)

michael.connor@wilmerhale.com

Connor, Michael

Michael Connor

Partner

+1 202 663 6063 (t)

michael.connor@wilmerhale.com

Gorelick, Jamie

Jamie Gorelick

Partner

+1 202 663 6500 (t)

jamie.gorelick@wilmerhale.com

Kirsch, Robert C.

Robert C. Kirsch

Partner

+1 617 526 6779 (t)

rob.kirsch@wilmerhale.com

Louis, Frédéric

Frédéric Louis

Partner

+32 2 285 49 53 (t)

frederic.louis@wilmerhale.com

Ratliff, John

John Ratliff

Partner

+32 2 285 49 08 (t)

john.ratliff@wilmerhale.com

Ross, Lester

Lester Ross

Partner

+86 10 5901 6588 (t)

lester.ross@wilmerhale.com

Salazar, Ken

Ken Salazar

Partner

+1 720 274 3131 (t)

Seyfarth, Martin

Martin Seyfarth

Partner

+49 30 20 22 64 30 (t)

martin.seyfarth@wilmerhale.com

Spielman, Andy

Andrew L. Spielman

Partner

+1 720 274 3161 (t)

andy.spielman@wilmerhale.com

Experience

Permitting

  • Serving as strategic counsel to a leading independent power producer regarding permitting and regulatory approvals required to develop transmission projects in Arizona, California, Hawai'i and Nevada, and advising on the impact that potential changes in the federal regulatory regimes that guide development on public lands may have on transmission projects. 
  • Representing clients in federal regulatory and permitting proceedings arising under the Federal Power Act, Natural Gas Act and National Environmental Policy Act, and appearing extensively before numerous government bodies, including the Department of Energy, EPA and US Army Corps of Engineers. 
  • Assisting a Wyoming-based power company in gaining federal regulatory approval to build one of the largest wind farms and transmission lines in North America.
  • Assisting an exchange with coordinated regulatory submissions to the Commodity Futures Trading Commission and the Federal Energy Regulatory Commission (FERC) to permit trading and clearing of exchange-traded derivatives contracts on power and obtain an associated market-based rate authorization from FERC.
  • Advising a Massachusetts-based commercial management and real estate leasing company on commercial, regulatory, financing, zoning and contracting issues in connection with the proposed development of a 6–12 megawatt solar photovoltaic project at a large industrial complex managed by the company.
  • Counseling a multinational financial services corporation on matters related to energy project development and participation in wholesale energy markets, including obligations pursuant to market-based rate authorization from FERC and competitive supplier licenses from several state public utility commissions.
  • Assisting a Chicago-based solar project developer in the permitting, development, financing, construction and sale of more than 50 megawatts of solar generation projects in the United States, as well as the potential development of solar generation projects in northern Africa, Mexico, the Middle East and Pakistan.

Compliance

  • Conducting an internal review of an electric utility company's existing compliance program and associated controls to manage risk, and providing a set of recommendations to improve its existing program in order to take advantage of current government guidelines—such as federal sentencing guidelines—that credit companies that implement robust compliance systems.
  • Providing advice to a multinational electric utility company on commercial and regulatory issues arising from a gas supply agreement with an adjacent 1200-megawatt electric generation facility.
  • Advising a solar power integrator on the nationwide rollout of its residential solar program in relation to the development and launch of its residential program, including energy, real estate, tax, and consumer and corporate requirements and implications.

Investigations and Enforcement

  • Advising a global energy company in enforcement proceedings and federal agency and congressional investigations stemming from a major accident and resulting oil spill.
  • Assisting energy companies in successfully resolving suspension and debarment proceedings involving the Department of the Interior and EPA.
  • Representing clients in numerous Comprehensive Environmental Response, Compensation, and Liability Act and analogous state-led enforcement proceedings throughout the United States, including defense and prosecution of cost-recovery claims and designation as common counsel at various multi-party sites.

Litigation

  • Representing a petroleum and natural gas production company in response to investigations and litigation arising out of a gas line explosion, including crisis response, community outreach, civil and criminal liability questions, and responding to inquiries from multiple federal and state regulators.
  • Filing an amicus petition on behalf of a coalition of electricity consumers and demand response aggregators before the US Supreme Court in support of FERC Order 745.
  • Defending a financial services company against electric market manipulation charges asserted by FERC.