Industries: Energy, Energy Regulatory & Utilities

Energy Regulation

Federal Regulation

Gas

For more than 20 years we have represented regulated companies and their customers in natural gas certificate and rate proceedings before the Federal Energy Regulatory Commission (FERC) (and its predecessor, the Federal Power Commission) under the Natural Gas Act (NGA) the Natural Gas Policy Act of 1978 (NGPA), and the Outer Continental Shelf Lands Act (OCSLA).

This experience includes:

  • Preparation and conduct of rate and certificate proceedings
  • Antitrust matters
  • Natural gas curtailment
  • Restructuring of the natural gas industry
  • Market-affiliate issues
  • Representing both transporters and shippers of natural gas
  • Business practices and codes of conduct
  • Rulemakings and policy initiatives
  • Court appeal, when necessary, of Commission decisions
  • Enforcement matters
  • Market power issues
  • Resolution of litigation through negotiation
  • Open access transportation
  • Negotiating service agreements and tariff provisions
  • Representing producers and gatherers

We also regularly advise clients on natural gas transportation and supply issues, including buy-sell transactions, NGA § 7(c) certificates and § 1(c) exemptions, blanket certificates, bypass and regulation of natural gas and LNG storage.

For further information contact:

Mark J. McGuire

Electric

We have extensive experience assisting clients in electric rates, transmission and licensing matters arising before the FERC under Parts I and II of the Federal Power Act (FPA), Public Utility Regulatory Policies Act of 1978 (PURPA), Energy Policy Act of 1992 (EPAct) and FERC Orders 888/889 and 2000.

This experience includes:

  • Electric power supply and transmission planning, risk management, transmission contracts and tariffs
  • Electric utility industry restructuring
  • Market-based rates
  • Transmission interconnection
  • Hydroelectric licensing
  • Energy marketing
  • Litigating issues of state/federal jurisdiction, including federal preemption issues under PURPA before the Supreme Court of the United States
  • Utility mergers and acquisitions
  • Establishing municipal and cooperative electric systems
  • Evaluation of utility assets
  • Federal preference power allocation and pricing
  • Antitrust issues related to the electric industry
  • Obtaining and maintaining qualifying facility (QF) and exempt wholesale generator (EWG) status under PURPA and EPAct, respectively

For further information contact:

James M. Costan
Mark J. McGuire
Stephen H. Watts II
Patrick T. Horne

Public Utility Holding Company Act Matters

Electric and gas holding companies and developers of power generation facilities have turned to us for advice in connection with a range of issues arising under the Public Utility Holding Company Act of 1935 (PUHCA), administered by the Securities and Exchange Commission (SEC), including acquisitions and dispositions of EWGs and of foreign utility companies (FUCOs) and other jurisdictional matters, including waivers, approvals and no-action letters.

For further information contact:

Stephen H. Watts II
 Patrick T. Horne

State Energy Regulation

McGuireWoods has successfully litigated and advised clients regarding a wide range of energy regulatory matters before state commissions. These matters involve gas and electric restructuring, rate, certificate and enforcement cases, as well as rulemakings and investigations. We regularly represent clients with respect to issuance of utility securities, utility relations with affiliates, taxation of utilities and utility mergers and other acquisitions and dispositions of control of utilities and utility facilities.

Additionally, we have developed a broad knowledge of state laws and regulations affecting the development of regulated and non-regulated power projects. Where necessary, we have participated in efforts to amend state laws to remove impediments to restructuring and power project development. Through our own assets and network of relationships with other firms, we are able to offer our clients access to real-time information about, and top-flight resources that affect, the legal and political climate for power project development in all of the states. We are the Virginia member of the State Capital Law Firm Group (SCLFG), an association of law firms in each of the 50 state capitals (member law firms practice independently and not in a relationship for the joint practice of law).

Our lawyers have extensive experience in all aspects of ratemaking, including:

  • Stranded costs
  • Rate design and performance-based ratemaking
  • Revenue requirement, including individual expense items, accounting adjustments and normalization, amortization and deferred accounting
  • Rate base, including cash working capital and lead-lag studies
  • Cost of capital, including allowable rate of return, cost of debt, and capital structure
  • Litigation and settlement of rate proceedings
  • Automatic adjustment mechanisms
  • Cost allocation, including customer class cost of service studies

For further information contact:

Edward L. Flippen
James C. Dimitri
Stephen H. Watts II
Mark J. McGuire
Patrick T. Horne

Recent Litigation Experience:

  • Lead counsel for net purchasers in FERC electric market mitigation proceedings for the Pacific Northwest
  • Litigated and negotiated settlements at the FERC in numerous natural gas pipeline rate cases, certificate proceedings, cost tracker proceedings, and major rulemakings, representing pipelines and distribution companies.
  • Litigated state natural gas and electric restructuring rate increase proceedings, certificate/siting matters, cost tracker proceedings, least-cost planning issues, and distributor bypass complaints.
  • Co-counseled energy antitrust litigation in Louisiana Supreme Court and Louisiana Public Service Commission.
  • Represented electric utilities and parents in corporate restructuring proceedings at state commission and the FERC.
  • Litigated and negotiated various open access unbundling and pipeline service restructuring for several major interstate pipelines, including Natural Gas Pipeline Company, Tennessee Gas Pipeline Company, and Trunkline Gas Transmission Company.
  • Represented major partner in FERC certificate litigation re construction of new interstate natural gas pipeline.
  • Litigated take-or-pay gas supply contract claims for a natural gas distribution company and a major interstate pipeline company.
  • Representation of retail marketers of natural gas and electricity in state retail access proceedings.
  • Representation at the following forums: Federal Energy Regulatory Commission, Illinois Commerce Commission, Michigan Public Service Commission, North Carolina Utilities Commission, Pennsylvania Public Utilities Commission, Wisconsin Public Service Commission, California Public Utilities Commission, Virginia State Corporation Commission and Public Utilities Commission of Ohio.