A Wholesale Power Marketing Company
Our client, a wholesale power marketing company, was the seller in an agreement to provide a tranche of wholesale service to a Standard Offer Service provider. Owing to an unexpected change in the quantity of service purchase by the SOS provider, the agreement had become uneconomic. We counseled our client on the regulatory strategies available to reduce or eliminate the economic losses flowing from the agreement.
Advised a Refining Company on Electric Reliability Standards
Advised one of the nation’s largest refining companies with respect to compliance with the new electric Reliability Standards issued by the North American Electric Reliability Corporation and approved by the Federal Energy Regulatory Commission. The refineries, like many large industrials, frequently are supported by on-site power plants and high voltage substations, whose interconnections with the transmission grid conceivably could trigger the need to comply with the Reliability Standards. We helped the refining company analyze pertinent one-line diagrams, document the relationships of its electric assets with the grid and become aware of the specific requirements contained in the possibly relevant reliability standards.
Advised Hedge Fund Regarding Proposed Retail Rate Increase for Electric Service
Advised a hedge fund on the likely legal and political outcomes of BGE’s proposed 72% retail rate increase for electric service and the City of Baltimore’s appeal of the Maryland Public Service Commission’s approval of the proposed rate increase.
Advised Refining Company on Crude Oil Transportation Service
Counseled a refining company as to its options in connection with the potential abandonment of crude oil transportation service provided by a crude oil pipeline to one of the company’s refineries.
Approval of Cost-Based Rates by FERC
Obtained from the Federal Energy Regulatory Commission approval of cost-based rates for the sale of ancillary services by a power plant.
Audit of Power Generation Company Under FERC Regulations
Conducted an audit of a power generation company’s natural gas-fired power plants, prepared a report to the company presenting the results of our audit, and “self-reported” to the Federal Energy Regulatory Commission a violation by the company of the Commission’s capacity release regulations. As a result of our efforts, FERC levied no penalties on our client for its violation.
Counseled a Wind Energy Company on Interconnection and Operating Agreements
Counseled a wind energy company as to its options for extending the term of an Interconnection and Operating Agreement with the Midwest Independent Transmission System Operator, Inc.
Counseled an Oil Pipeline on Options Related to a Conversion Plan
Counseled an oil pipeline as to its options with respect to a plan by a natural gas pipeline company to convert a portion of its facilities into an oil pipeline.
Counseled Investment Bank on Federal Power Action Section 203
Counseled an investment bank as to the Federal Power Action Section 203 implications of alternative methods of selling a power plant owned by its former creditors.
Counseled Investment Bank on Federal Regulatory Issues
Counseled an investment bank, which was acting as lead lender, as to the state and federal regulatory consequences of alternative actions proposed by the borrower, a large gas fired power plant unable to pay its debt service charges.
Counseling on FERC Capacity Release Regulations
Counseled a power plant with respect to the effect of the Federal Energy Regulatory Commission’s revised capacity release regulations on an asset management agreement.
Counseling on New Jersey and Virginia Electric Regulations and Utility Tariffs
Counseled a large data center company with respect to compliance with New Jersey and Virginia electric regulations and utility tariffs.
Duke Energy Frederick, LLC
Represented Duke Frederick before the Maryland Public Service Commission in a proceeding (Case No. 8891) in which it sought a certificate of public convenience and necessity to construct and operate a 640MW natural gas fired generation facility proposed to be located in Frederick County, Maryland. Duke Frederick eventually withdrew its application due to the poor economic environment existing at the time for new generation facilities.
Federal Energy Regulatory Commission Issues - Wood Group Power Solutions, Inc.
Represented Wood Group Power Solutions, Inc. before the Federal Energy Regulatory Commission in the filing of a Federal Power Act Section 203 application (Docket No. EC07-27) and a cancellation of rate schedules (Docket No. ER07-414) to enable Wood to purchase and dismantle, for use of the turbines elsewhere, a natural gas fired power plant.
Federal Power Act Section 203 Issues - Valero Energy Corporation
In connection with Valero’s acquisition of Premcor Inc., which owned a mothballed power plant and a wholesale power marketer with a Federal Energy Regulatory Commission-jurisdictional tariff, we represented Valero in first making a Federal Power Act Section 203 filing and then cancelling the wholesale power marketer’s tariff and working with FERC staff to enable Valero and Premcor to withdraw the Section 203 filing.
FERC Proceedings - Industrial Power Generating Company, LLC
Represented Industrial Power Generating Company (“INGENCO”) in numerous Federal Energy Regulatory Commission proceedings (Docket Nos. ER04-1023, ER05-885, ER07-1421, ER07-1422, ER08-549, ER08-550, ER08-573, ER08-574) pertaining to the distribution-level transmission rates charged by the utilities to which Industrial Generating Company is interconnected. Through our efforts, we have substantially reduced the distribution rates paid by INGENCO.
Industrial Power Generating Company, LLC
Obtained a certificate of public convenience and necessity from the North Carolina Utilities Commission (Docket No. EMP-14, Sub 0) to construct and operate a 4-MW landfill gas generation facility to be located in Craven County, North Carolina.
Interconnection Agreements - Landfill Gas Generation Company
Represented a leading multi-state landfill gas generation company for many years in negotiating numerous interconnection agreements with utilities and PJM.
Interconnection Agreements - Wind Power Generation Company
Represented a multi-state wind-power generation company for many years in negotiating numerous interconnection agreements with utilities and PJM.
Interconnection Matters Before FERC - Mendota Hills LLC
Represented Mendota Hills LLC, a wholly owned subsidiary of Gamesa, a Spanish renewable energy company, in interconnection matters before the Federal Energy Commission (Docket No. ER06-407). We obtained a significant ruling from FERC holding that the agreement governing the interconnection of a qualifying facility at distribution level is FERC jurisdictional, so long as the QF intends to export power to the grid.
LG&E Energy Marketing Inc.
Represented LG&E Energy Marketing, a large electric marketer, in complex Federal Energy Regulatory Commission proceedings (Docket Nos. EL02-111,
et al.) involving 300 parties concerning the elimination of through-and-out rates between MISO and PJM and the assessment and allocation of Seams Elimination Cost Adjustment Charges.
Market-Based Rate Authorization - Panda-Brandywine, L.L.P.
Obtained market-based rate authorization for Panda-Brandywine in Federal Energy Regulatory Commission Docket No. ER08-776.
Negotiation of Tolling and Interconnection Agreements
For the owner of a cogeneration facility with an existing PPA to sell capacity and energy to its interconnected utility, we negotiated a tolling agreement with a replacement purchaser and an interconnection agreement with the interconnected utility.
Panda-Rosemary, L.P.
Represented Panda-Rosemary, a PURPA qualifying facility, in successfully obtaining, over the opposition of Virginia Electric and Power Company, waiver of the Federal Energy Regulatory Commission’s operating and efficiency standards and declaratory judgment recertifying Panda-Rosemary as a qualifying facility (Docket Nos. QF89-241 and EL02-90).
PLC II
Represented PLC II, the owner of a 50 percent interest in Union Power Partners, which in turn owned and operated a 2,200MW gas fired power generation facility, in Federal Energy Regulatory Commission proceedings (Docket Nos. ER01-2201 and EL02-46) concerning Entergy’s proposed revisions to its Generator Imbalance Agreements. In these proceedings, we successfully led the effort to create a self-supply option for independent power producers.
Proceedings Before the Virginia State Corporation Commission - Competitive Bididng Rules
We represented an
ad hoc coalition of three trade groups – Electric Power Supply Association, Virginia Independent Power Producers, Inc. and Virginia Energy Providers Association – in a proceeding before the Virginia State Corporation Commission (Case No. PUE-2007-00066) to ensure that the SCC recognized the continuing validity of the competitive bidding rules in cases when the state’s utilities propose to self-build new generation facilities.
Railroad Commission of Texas Proceeding - Hughes Natural Gas, Inc.
Represented HNG, a natural gas local distribution company, in a Railroad Commission of Texas proceeding (Gas Utilities Docket No. 9731) to increase HNG’s distribution rates.
Regulatory Issues Counseling - Retail Electric Provider
Counseled a large national retail electric provider on the regulatory implications of entering Maryland’s residential electric “choice” market.
Representation of Landfill Gas Generation Company
Represented a landfill gas generation company with numerous plants interconnected to a large utility in FERC proceedings in which we succeeded in reducing the plants’ rates for wholesale distribution service to zero.
Savage Mountain Wind Force, LLC
Obtained a certificate of public convenience and necessity from the Maryland Public Service Commission (Case No. 8939) to construct and operate a 40MW wind energy facility to be located in Allegany and Garrett Counties, Maryland.
Valero Energy Corporation
Represented Valero before the Delaware Public Service Commission concerning the allocation of Standard Offer Service costs to a refinery owned by Valero.
Valero Power Marketing LLC
Obtained market-based rate authorization for Valero in Federal Energy Regulatory Commission Docket No. ER06-1226.
Virginia Independent Power Producers, Inc.
We represented Virginia Independent Power Producers, Inc. in a successful attempt to revise legislation before the Virginia General Assembly to ensure that the state’s utilities continue to be subject to competitive bidding rules in procuring new generation capacity.