Energy Regulatory

Clients of Haynes and Boone’s national Energy Regulatory practice benefit from our lawyers’ unique approach to providing regulatory guidance and handling commercial transactions: We believe that lawyers working on deals should have a thorough understanding of the regulatory environment and that lawyers offering regulatory advice need to know what closes deals.

We have represented a wide variety of clients in the energy industry, from independent power producers and utilities, to large end users and qualifying facilities, electric cooperatives and municipalities, to financial institutions. Our team routinely handles client matters involving numerous regulatory agencies, both at the federal and state level in the United States and internationally.

A Powerful Advocate at FERC

Our team has made hundreds of filings with the Federal Energy Regulatory Commission (FERC) in the past three decades, as well as represented clients in appeals of FERC decisions at the federal appeals court level. We work primarily with power and gas companies as clients, serving them in virtually every aspect of energy 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

Savvy Counsel at the State Level

Haynes and Boone lawyers have effectively represented energy clients before the top energy regulatory body in 15 states across the country, including California, Florida, Maryland, New York, Pennsylvania and Texas. Our clients benefit from the excellent relationships we forge with state regulators, and we have been instrumental in helping clients advocate legislation and participate in rulemaking proceedings.

In Texas particularly, we actively represent clients in all aspects of wholesale and retail power industry regulation involving the Electric Reliability Council of Texas (ERCOT), the Southeastern Reliability Council, the Southwest Power Pool and the Western Electricity Coordinating Council.

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Immediate Reclassification of Site Compliance History After Catastrophic Incident Now Permitted
June 24, 2022

Following a catastrophic event that significantly impacts the public or environment, the Texas Council on Environmental Quality (TCEQ) can now reclassify a site’s compliance history, subjecting sites to increased scrutiny and penalties regardless of prior satisfactory compliance. The rulemaking, which became effective on June 23, 2022, allows the Executive Director of the TCEQ to immediately desig [...]