Back to People

E. Brett Breitschwerdt Partner

Raleigh T +1 919 755 6563 F fax +1 919 755 6579
Save current page as PDF vCard

Brett advises clients on complex energy regulatory matters, with a particular focus on issues arising in transactions, project development and the rapidly evolving data center sector. He helps clients navigate state and federal regulatory requirements, assess regulatory risk and secure regulatory approvals needed to advance strategic investments and complex energy infrastructure projects.

His transactional regulatory work includes advising buyers, sellers, developers, investors and other market participants on regulatory diligence, deal structuring and approval requirements in connection with acquisitions, financings and other transactions involving energy assets and businesses. He also counsels clients on regulatory considerations affecting data center development, including power supply, generation, interconnection, utility service arrangements, cost allocation and related state regulatory issues.

Brett has significant experience representing electric utilities in complex regulatory proceedings, including integrated resource planning, certificate proceedings for major generating facilities, renewable energy procurement, green tariff programs, generator interconnection, demand-side management and energy efficiency programs. He also advises utilities and other clients on rate and cost recovery matters, affiliate approvals, electric territorial assignments, PURPA implementation and other regulatory issues.

Brett co-chairs the McGuireWoods Raleigh office’s pro bono initiatives and has been top-ranked by Chambers USA since 2021.

Experience
  • Represented investor-owned utility in Arizona on commercial negotiations for direct pricing contract structure to serve 1.3 GW customer.
  • Advised Michigan investor-owned utility on developing large load tariff applicable to data centers and other large customers exceeding 100 MW and in preparing for state regulatory approvals.
  • Represented multi-jurisdictional electric utilities in integrated resource planning proceedings.
  • Represented electric utilities in matters involving certification of new supply-side resources, including natural gas combined-cycle and combustion turbine facilities as well as utility-scale solar resources.
  • Represented electric utilities in PURPA implementation proceedings in multiple jurisdictions.
  • Supported North Carolina electric utilities in implementing new renewable energy legislation, including designing and administering solar competitive procurement and green tariff programs.
  • Represented North Carolina electric utility in obtaining approval of multiple demand side management and energy efficiency programs and cost recovery approvals.
  • Represented North Carolina electric utility in base rate case proceedings in 2012, 2016, and 2019.
  • Represented North Carolina electric utility in obtaining multiple affiliate agreement approvals.
  • 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.

Events

Insights

The rules of professional conduct in some jurisdictions require disclosure of selection methodology for certain public accolades and recognitions. Click here to view available selection methodologies.

  • Selected for inclusion in The Best Lawyers in America, Energy Law, Energy Regulatory Law, Utilities Law, 2023-2027
  • Selected for inclusion in Leading Lawyers, Energy & Natural Resources, North Carolina, Chambers USA, 2021-2026
  • Named to “North Carolina Rising Stars,” Energy & Resources, Super Lawyers, Thomson Reuters, 2016-2017

Spotlight

Displaying slide 1 of 2
More