Regulatory

Whether a business client is highly regulated (such as the specialized requirements that health care providers, electric generators and insurers must meet), or simply needs help with a government contract or thorny regulatory issue, Haynes and Boone lawyers get results by drawing upon our in-depth knowledge and understanding of regulated industry, government rules and agency procedure.

Our first-rate reputations as practitioners before federal and state agencies pave the way. They enable us to work with all levels of agency staff to achieve business solutions for our clients, either through informal communication or formal advocacy that changes the direction of administrative policy.

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 (PUC or 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 PUC 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

Effective Help with the Government Contracting Process

No matter what products and services our clients sell to federal or state government agencies, Haynes and Boone lawyers are effective advocates in the procurement process. We help any company or organization wanting to resolve a contract dispute, needing to handle a bid protest, or seeking guidance on the best ways to establish or expand business with government agencies.

Clients rely on us to develop bids and proposals that are responsive to government requirements. Once a contract is secured we can help with all performance issues, including interpretation of contract clauses, identification and pricing of change orders, and defense against government audits and investigations.

We can also help bring, and defend against, protests over the propriety of government contract award processes. Our lawyers never lose sight of the fact that the ultimate objective is to secure government business, either through a successful current challenge or by establishing the foundation for favorable future consideration by the purchasing agency.

Environmental

Going green? Our environmental lawyers guide clients through the regulatory minefield relating to ongoing operations, as well as those associated with the construction of new facilities and modifications of existing facilities. We assist clients in the scoping and performance of compliance audits, including those conducted under pertinent audit privilege/immunity statutes. We help them monitor, and provide input to, pertinent agency rulemaking and policy development.

International Trade

As globalization becomes part of our daily lives, our lawyers regularly assist companies with the technicalities of importing and exporting goods. We provide guidance to foreign based companies looking to import into the United States and U.S. based companies exporting into various regions around the world. Our knowledge of Section 337, CFIUS and FCPA matters makes us the fit right for any size company.

We regularly represent clients before the U.S. International Trade Commission, the U.S. Department of Commerce, the Office of the U.S. Trade Representative, the U.S. Department of State’s Directorate of Defense Trade Controls, the U.S. Department of Commerce’s Bureau of Industry and Security, the U.S. Department of Treasury’s Office of Foreign Assets Control and its Committee on Foreign Investment in the United States, the U.S. Department of Justice, U.S. Customs and Border Protection and before NAFTA Chapter 11, 19 and 20 proceedings.

Helping Our Clients Succeed

Haynes and Boone has the contacts and experience at every level of government, and the knowledge of how public processes work, to help our clients succeed. We have a reputation for innovation combined with the practical ability to get things done.