Energy Policy, Regulations and Market Design

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Our lawyers have been involved with the evolution of energy and environmental markets for more than two decades and have drafted legislation and participated in regulatory proceedings that shaped the markets. We also counsel clients in the voluntary environmental marketplace, developing opportunities to demonstrate and communicate environmental stewardship in an efficient and effective manner.

Our team has worked with many of the nation’s leading utilities, industrials, developers, retailers, institutions and non-profits, as well as governments, to assist them in designing, operating and participating in these emerging markets. We help clients anticipate and influence future environmental market developments in present-day policies and investments, working to manage risks and take advantage of opportunities in business and project planning.

We helped form and represent the Microgrid Resources Coalition, a nonprofit consortium of owners, operators, developers, suppliers and investors which advocates for policies and regulations that support microgrid development. For the MRC and our other clients our team members have been involved in numerous proceedings before energy regulatory agencies, generally involving structuring or advocating for transparent energy markets and the ability of energy customers to implement “grass roots” energy solutions.

We advocate for payment of fair value for the services that microgrids and other behind-the-meter resources provide to the grid. Two of our lawyers were among the principal authors of the form REC Purchase Agreement for ACORE, EMA, and ABA. In addition, our team has co-lead drafting of annexes for EEI, WSPP, ISDA and NAESB forms.

Energy Policy, Regulations and Market Design

Our team has handled energy policy, regulations and market design in the areas of microgrids, energy and environmental markets, new utility business models and regulatory policy structuring.

Microgrids

  • NY REV Part 1
  • MD filing
  • DC Filing
  • FERC Frequency Filing

New utility business models

  • MRC Rev Part 2 filing
  • IDEA EEI DER Discussion

Market Structure

Below is a sampling of our market structure representations.

  • Assisted the Keystone Energy Efficiency Alliance in developing regulatory and legislative strategies for gas utility energy efficiency programs.
  • Provided Bloom Energy with Behind-the Meter Generation and energy conservation regulatory and transactional work.
  • Represented Competitive Power Ventures before the New Jersey Board of Public Utilities regarding capacity market design and rate-based incentives for new mid-merit capacity
  • Team members advised Duke Energy’s commercial and regulated groups on clean energy program deployment, performance-based ratemaking / Save-a-Watt, the white tag / energy efficiency certificate markets, bill financing, retail power, carbon inventories, offset transactions, climate strategy and regulatory market development.
  • Team members represented ISO New England in Federal Energy Regulatory Commission (FERC) rulemaking and tariff proceedings regarding the design and implementation of energy and ancillary services markets and FERC judicial proceedings.
  • Represented an independent power producer in the Pennsylvania PUC rulemaking on alternative energy credits.
  • Represented a leading solar developer and fund on the development of a utility scale solar project in Puerto Rico. We worked on aligning project and financing documents to uncertain regulatory and credit conditions.
  • Advised the president of the Puerto Rican Electric Power Authority’s Board of Directors on new distributed generation regulatory requirements and integrated resource planning.
  • Assisted the owners of a waste-coal-fired power plant in obtaining Pennsylvania PUC approval to shut down operations without incurring penalties to their utility power customer.

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