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Diana Liebmann in San Antonio Express-News: Summer may see Texas left in the dark

Texas could see a repeat of the threat of rolling blackouts next summer, according to a report released Thursday by the state's grid operator, given the expected increased demand for power coupled with the number of power plants that will be unavailable to run. >>

Best Lawyers in America 2012 Honors Firm, Haynes and Boone Lawyers

DALLAS – Ninety-four Haynes and Boone, LLP attorneys have been included in Best Lawyers in America's 2012 ranking of the nation’s top legal talent. >>

Haynes and Boone Highly Recognized By Chambers USA

DALLAS – Fifty Haynes and Boone, LLP lawyers have been recognized by Chambers USA: America’s Leading Lawyers for Business 2011 in its annual law firm rankings. >>

Diana M. Liebmann has quietly become one of the top wind energy lawyers in Texas according to Texas Super Lawyers

It happened several years ago. Diana M. Liebmann, who heads the electric power practice in the San Antonio office of Haynes and Boone, was driving across West Texas with her daughter when they came upon a wind farm. >>

Law360 Names Haynes and Boone Partner Diana Liebmann a Rising Star

In addition to developing Haynes and Boone LLP's electric power legal practice from scratch, Diana Liebmann has advocated successfully for public investment in wind energy on behalf of Horizon Wind Energy and helped the California State Assembly craft legislation to resolve the issues that led to the state's power crisis earlier this decade, making her one of Law360's 10 energy attorneys under 40 to watch. >>



Recent Publications

San Antonio Express-News Guest Column: Incentives needed to bring power generation to Texas

Newsflash: Texas is in a drought, reservoirs are near all-time lows, and average temperatures are on the rise. >>

North American Windpower Guest Article: Market Headwinds Persist For U.S. Wind Capital

Texas is the wind energy capital of the U.S., with more than 10 GW of installed wind capacity. Following the implementation of the Competitive Renewable Energy Zone (CREZ) process, additional transmission capacity will be available to support another 8 GW of generation. All of this has been beneficial to the Electric Reliability Council of Texas (ERCOT), with wind generation driving down the cost of electricity. >>

Recent Developments in Texas and United States Energy Law

This section of Recent Developments in Texas and United States Energy Law consists of selected discussions and articles regarding recent case law, legislation, and regulations that affect the energy industry. >>

Integration of Renewables in ERCOT: Costs, Project Risks and New Regulatory Requirements

Texas is the wind energy capitol of the United States with far more wind generation than any other market. The development of wind generation, and having wind developers locate their headquarters in Texas, has given the Texas economy a much-needed boost and has allowed Texas to take advantage of its world class wind resources. >>

Wiring Around Carbon: Implications of Transmission Pricing Mechanisms and Smart Grid

Renewable energy in the form of utility scale wind and solar are best sited in the areas where the load profile is best - the solar belt for solar generation, and areas with high capacity factors for wind generation. The best areas for development of these resources are remote areas that lack access to transmission. >>



Diana Liebmann

Partner

San Antonio


112 East Pecan Street
Suite 1200
San Antonio, Texas 78205
T +1 210.978.7418
F +1 210.554.0418

Areas of Practice

Education

  • J.D., University of Texas School of Law, 1996
  • B.A., Political Science, Minor in Chemistry, Southwestern University, 1993

Bar Admissions

  • Texas
  • District of Columbia

Court Admissions

  • U.S. District Court for the Western District of Texas
  • U.S. District Court for the Southern District of Texas
  • U.S. Court of Appeals for the Fifth Circuit
  • District of Columbia Court of Appeals
  • U.S. District Court for the Western District of the District of Columbia
  • U.S. District Court for the Southern District of the District of Columbia

Diana Liebmann is a Partner in the Energy and Power Practice Group of Haynes and Boone, LLP. She represents clients in regulatory matters before the Public Utility Commission of Texas, the Federal Energy Regulatory Commission, the Electric Reliability Council of Texas, the Southwest Power Pool and in various state commission proceedings. Diana represents clients in corporate and transactional matters including project development of both renewable and conventional generation, in drafting and negotiating power purchase agreements for both long-term and short-term sales including the sale of renewable energy credits and advising clients with regard to regulatory benefits and impediments to transactions. She also assists clients in litigation associated with conduct in the electric markets including litigation over power deals and litigation of market rules and protocols. Diana has worked on regulatory matters, in rulemakings and contested cases, and completed transactional matters including:

  • Proceedings to establish rules for Competitive Renewable Energy Zones including related rulemakings and contested cases;
  • Proceedings to implement wholesale and retail restructuring at the State Office of Administration Hearings, the Public Utility Commission of Texas, at the Federal Energy Regulatory Commission and with the Electric Reliability Council of Texas;
  • Rulemakings regarding transmission access and pricing;
  • Competitive matters and confidentiality issues involving Open Records and Open Meetings laws;
  • Wholesale and retail power purchase and sale agreements, retail electric provider agreements, qualified scheduling entity agreements, qualified facility agreements, contracts with third parties regarding professional services, and power plant construction agreements; including EPC agreements, and power plant project finance documents;
  • Proceedings at ERCOT and the PUCT regarding ERCOT governance, congestion management, ancillary services, settlement, transmission and distribution losses, reliability must run, resource adequacy and market monitoring;
  • Litigation involving the application of the antitrust laws to the ERCOT market;
  • Sale of electric power facilities and generating assets; and
  • Regulatory investigation and complaint proceedings before the Public Utility Commission of Texas and Texas Regional Entity.

Selected Honors

  • Recognized by Chambers USA as one of the leading practitioners in Texas for energy, 2011
  • Named a rising star by Law360.com as one of the top 10 energy lawyers under 40 to watch, 2010
  • Named one of The Best Lawyers in America - Energy Law, 2006-2012
  • Named a Texas Super Lawyer Rising Star in Utility Law in the July 2004, 2005, 2006, 2007, 2008 and 2011 issues of Texas Monthly
  • Selected by the San Antonio Business Journal as one of its 40 Under 40 Rising Stars, 2008

Selected Representative Experience


Bosque Power Company, LLC
Representation of Prepetition Agent and Working Group of Lenders in the 2010 Chapter 11 of Bosque Power Co LLC and its affiliates. The Texas-based electricity generation company borrowed approximately $410 million in January 2008 in part to fund a conversion of two of its combustion turbines. The Prepetition Agent and the Working Group of Lenders terminated the exclusivity period and confirmed a plan of reorganization in the fall of 2010.

Defense of Lawsuit Filed by ERCOT
Represented Frontera in a suit brought by ERCOT which manages the electric power grid in Texas. Our client generated electricity which was sold through the grid. ERCOT refused to pay the full price for our client and a suit was initiated which resulted in a settlement of a $15 million claim by our client. Six months later, ERCOT unilaterally recalculated the transaction by retroactively charging our client $750,000. We filed suit in U.S. District Court in Austin and recovered a judgment for $750,000 plus attorneys fees, prejudgment interest, and court costs. ERCOT filed notice of appeal and ultimately settled the case.

Honduran Power Project
Advising U.S. textile company on creation of Honduran entity and other corporate matters. 

Special Transaction Committee - Texas Genco Holdings, Inc.
The Special Transaction Committee of the Board of Directors of Texas Genco Holdings, Inc. in connection with the sale of the publicly-held interests in Texas Genco to GC Power Acquisition LLC, an entity owned by investment funds affiliated with The Blackstone Group, Hellman & Friedman LLC, Kohlberg Kravis Roberts & Co. L.P. and Texas Pacific Group.

Memberships

  • Chairman, San Antonio Bar Association Natural Resources Section
  • President of the ARC of San Antonio
  • Council Member of the Oil, Gas & Energy Resources Law Section of the State Bar
  • Bexar County Women’s Bar Association
  • San Antonio Bar Association
  • Gulf Coast Power Association
  • San Antonio Bar Foundation

Online Publications

12/16/2011 - San Antonio Express-News Guest Column: Incentives needed to bring power generation to Texas
Newsflash: Texas is in a drought, reservoirs are near all-time lows, and average temperatures are on the rise.

07/26/2011 - North American Windpower Guest Article: Market Headwinds Persist For U.S. Wind Capital
Texas is the wind energy capital of the U.S., with more than 10 GW of installed wind capacity. Following the implementation of the Competitive Renewable Energy Zone (CREZ) process, additional transmission capacity will be available to support another 8 GW of generation. All of this has been beneficial to the Electric Reliability Council of Texas (ERCOT), with wind generation driving down the cost of electricity.

02/23/2011 - Integration of Renewables in ERCOT: Costs, Project Risks and New Regulatory Requirements
Texas is the wind energy capitol of the United States with far more wind generation than any other market. The development of wind generation, and having wind developers locate their headquarters in Texas, has given the Texas economy a much-needed boost and has allowed Texas to take advantage of its world class wind resources.

02/09/2011 - Wiring Around Carbon: Implications of Transmission Pricing Mechanisms and Smart Grid
Renewable energy in the form of utility scale wind and solar are best sited in the areas where the load profile is best - the solar belt for solar generation, and areas with high capacity factors for wind generation. The best areas for development of these resources are remote areas that lack access to transmission.

08/02/2010 - Developers who anted up deserve power line priority
In parts of West Texas, wind turbines extend across rocky mesas as far as the eye can see, turning otherwise unproductive land into a source of clean, renewable energy. Our state has world-class wind resources, and wind developers want to expand generation into the area of the state with the best wind resource.

07/31/2010 - Diana Liebmann Guest Blog: How to bring transmission lines to windy West Texas
In parts of West Texas, wind turbines extend across rocky mesas as far as the eye can see, turning otherwise unproductive land into a source of clean, renewable energy. Our state has world-class wind resources, and wind developers want to expand generation into the area of the state with the best wind resource. There has been just one problem: The Panhandle lacks transmission lines to carry the power generated by wind to consumers around Texas.

06/04/2009 - Recent Developments in Texas and United States Energy Law
This section of Recent Developments in Texas and United States Energy Law consists of selected discussions and articles regarding recent case law, legislation, and regulations that affect the energy industry.

Wholesale Electric Power Transactions in Restructured ERCOT

Contracting for Power in a Deregulated Market

Power Restructuring Experience In California Will Not Occur In Texas
 

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