In the News

Diana Liebmann in Law360: Texas Power Estimate Cools Capacity Market Debate

In a report issued Friday, Texas’ electrical grid operator projected its current power production can exceed recommended reserve levels for years to come, giving further ammunition to opponents of a proposal for the state to adopt a capacity market designed to promote more new generation. >>

Diana Liebmann in Law360: Texas Regulation to Watch in 2014

Texas energy producers are keeping a close eye on several brewing regulatory changes, as the state plans to take over greenhouse gas permitting from the U.S. Environmental Protection Agency and a heated debate continues over how to address an expected electric capacity shortfall. >>

Diana Liebmann in Law360: Texas PUC Vote Signals Move Toward Power Subsidies

Following an acrimonious debate, the Texas Public Utility Commission on Friday said the state should adopt a mandatory reserve margin for its electrical supply, a move viewed by regulatory attorneys as the first step toward creating a controversial capacity market that would subsidize power generation. >>



Recent Publications

Offshore Magazine Guest Article: Proposed Offshore Seismic Rules Appear to Lack Scientific Rigor

No one knows for certain what will turn up when a drill bit reaches target depth, but seismic data allow robust estimates of the probability of success. This has never been truer than today as a result of dramatic technological advances in seismic surveying and computer modeling. >>




Power, Renewables and Regulatory

Traditional Power

Haynes and Boone has broad experience representing clients that are power generators, power marketers, retail electric providers, load-serving entities, qualified scheduling entities, and large industrial and commercial customers. We offer deep bench strength in the power sector from regulatory to transactional matters; including:

  • Mergers and acquisitions; asset acquisitions and divestitures
  • Power purchase agreements (wholesale and retail)
  • Fuel source acquisitions (coal, gas, feedstocks)
  • Joint ventures, partnerships, and strategic alliances
  • Project finance, financings, asset securitizations, and structured finance for lenders and borrowers
  • Infrastructure development
  • Acquisitions and project finance of electric generation and transmission assets
  • Tolling agreements and facility operations and maintenance agreements
  • Energy outsourcing agreements
  • Renewable energy credits agreements
  • Hedging agreements
  • Qualifying facility (QF) agreements
  • Qualified scheduling agreements including master and split generation
  • Federal, state and ISO/RTO compliance
  • NERC compliance

Coal

Haynes and Boone lawyers have a depth of knowledge about the coal industry. Our representations have included:

  • Negotiation and structuring of investments in coal mining and coal sales arrangements
  • Representation of clients in the acquisition and operation of open-pit and deep mine coal extraction operations
  • Negotiation of transportation agreements for coal mines and utility, power plant and industrial users of coal in both domestic and international transactions
  • Structuring, negotiation and financing of coal-fired electric power facilities
  • Negotiation of power purchase agreements for coal-fired power plants including to support project financing
  • Representation of clients in connection with IGCC development

Alternative Energy

Haynes and Boone’s experience representing clients in connection with alternative energy combines a long-term perspective with cutting-edge experience in current markets. Our involvement in renewable energy includes strategic planning and advice to clients with regard to both regulatory and commercial risks and mitigation strategies for those risks. We also represent new technology companies in connection with the development and commercialization of their technologies and their strategic relationships with investors and joint venture partners. Our experience relates to wind, solar, energy storage, hydro, geothermal, biodiesel, ethanol and landfill gas.

Our experience includes:

  • Regulation (state, federal and ISO/RTO)
  • Greenfield development
  • Permitting, environmental project services, NEPA, endangered species, wetlands and cultural resources
  • EPC Agreements
  • Wind turbine supply agreements
  • Solar panel/inverter agreements
  • Transmission and interconnection
  • Power purchase agreements including renewable attributes
  • Land acquisition
  • Debt and equity (including tax equity) financing
  • Wind turbine acquisition and balance of plant construction
  • Site reclamation and re-powering
  • Project acquisition and divestitures
  • Intellectual property

Regulatory

A Voice that Counts at FERC

For more than 30 years, Haynes and Boone has represented energy industry clients, particularly independent power producers and electric utilities, in rate, regulatory, market structure and merger proceedings before the Federal Energy Regulatory Commission (FERC). We have made hundreds of power- and gas-related filings with FERC and have also handled appeals of FERC decisions at the federal court of appeals level. Our work encompasses every aspect of electric and gas regulation, including:

  • Rate making, including traditional cost of service and incentive rates
  • Compliance investigations
  • Electric reliability standards
  • Mergers and acquisitions
  • Regulation of market operations
  • Independent power producer and qualifying facility regulation
  • Preparation of tariffs and rate schedules
  • Requests for waivers and exemptions from regulation

Unsurpassed Texas Energy Regulatory Experience

Haynes and Boone actively represents clients in Texas energy regulatory matters involving the Electric Reliability Council of Texas (ERCOT), the Southeastern Reliability Council, the Southwest Power Pool and the Western Electricity Coordinating Council.

Our counsel involves all aspects of wholesale and retail power industry regulation, from the drafting of restructuring legislation at the Texas legislature to the implementation of restructuring legislation at the Public Utility Commission of Texas (PUCT). We have also participated in virtually every rulemaking and contested case dealing with market restructuring.

Our lawyers help new and potential market entrants with:


  • Contested PUCT cases, rulemakings and market oversight issues
  • ERCOT determinations on reserve margin and market design issues
  • Implementation issues and disputes with ERCOT
  • Retail electric provider issues
  • Qualified scheduling entity issues
  • Generation and scheduling rules
  • Market framework issues