Energy Regulation

Our energy lawyers have been part of the evolving energy regulatory landscape for the past 50 years. The co-chair of McGuireWoods’ FERC practice played a pivotal role in the development of FERC’s “Penalty Guidelines.” These guidelines have a significant impact on compliance programs and enforcement for energy companies across the United States. Similarly, another senior member of our energy team literally wrote the book on compliance training as principal author of the Edison Electric Institute’s computer-based training program. Another has built a reputation on representing electric utilities and electric cooperatives with regard to legal and policy matters before FERC and U.S. courts of appeals. He has also provided counsel on cyber security compliance issues and works closely with our Data Privacy and Security practice.

McGuireWoods’ Federal Energy Regulatory group focuses on five key areas:

  • Compliance in day-to-day energy-sector operations
  • Enforcement audits and investigation
  • Regional Transmission Organization (RTO) market design and participation
  • Identification of transactional issues (in mergers and acquisitions, for example) and related regulatory approvals
  • Regulatory and legislative policy

State Energy Regulation

McGuireWoods’ energy regulatory team includes several former electric utility senior executives. Our lawyers have been involved in numerous base-rate and rider-cost recovery cases. We are well versed in issues related to cost of service and rate of return, regulatory accounting, cost allocation, utility taxation and rate design, as well as the underlying subject matter — whether it be base rates, transmission cost recovery, demand-side management cost recovery, or traditional or renewable generation plant cost recovery. Our attorneys have played an integral role in the strategic development of rate-case applications and litigating, from initial application to final order or appeal.

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.

Experience

  • REPRESENTATIVE MATTER

    Secured Fourth Circuit win for one of the largest producers and transporters of energy in the U.S.

    Virginia Elec. & Power Co. v. Bransen Energy, Inc., 850 F.3d 645 (4th Cir. 2017). The Fourth Circuit granted McGuireWoods a complete appellate victory—affirming a combined judgment amount of approximately $23 million—in a contract dispute that involved a complex set of interrelated coal supply and services agreements related Dominion's order of 600,000 tons of a specific coal product, which the seller fulfilled with different products that were unusable for Dominion's intended purpose.

Team Leaders

Full Team
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