E. Brett Breitschwerdt Partner

Brett represents energy clients and other regulated industries in complex regulatory litigation before the North Carolina Utilities Commission and other state agencies, as well as advises clients on regulatory and policy issues affecting utilities and other regulated industries.

Brett’s energy experience includes representing electric, natural gas, and water utility clients before the North Carolina Utilities Commission, including base rate case proceedings, certificate proceedings, affiliate agreement approvals, and demand side management/energy efficiency and renewable energy portfolio standard proceedings. Brett is also licensed to practice in Ohio, and has represented clients in rate cases and other regulatory proceedings before the Public Utilities Commission of Ohio. Brett also assists in representing the firm’s electric utility clients in proceedings before the Federal Energy Regulatory Commission.

In addition to representing traditional regulated utilities, Brett also advises clients participating in deregulated retail electric markets, state-mandated renewable energy standard compliance programs, and RTO/ISO energy and capacity markets on regulatory compliance matters.

Brett also has experience representing other energy industry clients on North Carolina energy and policy issues, including renewable energy project development and the state’s evolving shale gas regulatory structure.


Utility Regulation

Represented North Carolina electric utility in obtaining approval of multiple demand side management and energy efficiency programs and cost recovery approvals in annual demand side management/energy efficiency rider proceedings.

Represented North Carolina electric utility in obtaining multiple affiliate agreement approvals.

Assisted in representation of North Carolina electric utility in base rate case proceeding.

Advised North Carolina electric utility in North Carolina Utilities Commission proceeding on FERC Order No. 1000 compliance.

Represented water utility in obtaining certificate of public convenience and establishing initial rates for service.

Assisted in representation of merging electric utility holding companies, on advising regulatory approvals required for change in control of retail electric and natural gas subsidiaries and generating facilities in multiple jurisdictions across country.

Assisted multiple electric utility clients in obtaining FERC FDA Section 203 approval authorizing disposition of generation assets.

Competitive Markets

Assisted in representation of national retail electric and natural gas supplier in regulatory compliance matters in multiple jurisdictions, specifically focusing on Ohio, Virginia, District of Columbia, Pennsylvania, and Georgia.

Advised national demand response provider/aggregator on regulatory requirements for participation in demand response programs operated by PJM, ISO New England, New York ISO, ERCOT and the California ISO.

Represented renewable energy technology company in obtaining declaratory order from North Carolina Utilities Commission regarding renewable energy technology’s qualification for North Carolina renewable energy standard’s set-aside program.

  • The University of North Carolina School of Law, JD, 2007
  • The University of North Carolina at Asheville, BA, cum laude, 2004
North Carolina State Bar, Environment, Energy & Natural Resources Committee; Section Council Member, 2012 – present; Pro Bono Committee Co-chair, 2011 – present
  • North Carolina
  • Ohio

Named to "North Carolina Rising Stars," Energy & Resources, Super Lawyers, Thomson Reuters, 2016-2017

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