Electric & Gas Utilities

Overview

Our team is structured from the perspective of in-house counsel, as our attorneys have decades of experience working within electric and gas utilities. As a result, we have a deep understanding of the challenges faced by industry counsel related to every aspect of the law and regulatory oversight. From contracts to financing, wrongful death to environmental compliance, our group of experienced professionals is skilled at teaming up with you to meet the challenges of the 21st century utility.

Representative Experience

Regulatory

Currently represent clients before the Federal Energy Regulatory Commission (FERC), the North American Electric Reliability Corporation (NERC), and state utility commissions in the Southeast.
Frequently help utilities navigate the complex regime under the Pipeline and Hazardous Materials Safety Administration (PHMSA).
Currently advise natural gas companies on FERC regulation, including interstate pipeline infrastructure, rates, and services, transactions and compliance matters, as well as rulemaking proceedings.
Advised electric utility on FERC regulation regarding Open Access Transmission Tariff (OATT) administration, generator interconnection processes, market manipulation rules, electric reliability rules, and transmission planning.

Contracts

EPC contracts for combined cycle and simple cycle merchant power plants as well as major equipment purchase contracts for those plants, including contracts to purchase gas turbines, heat recovery steam generators, and SCR catalysts.
Operation and maintenance (O&M) agreements for power plants.
Information technology agreements and related advice to a major public utility and energy services company.
Telecommunications contracts.

Finance

Serve regularly as lender's counsel for lenders acting as administrative agents and participants in connection with financings for electric, gas and water utility companies for working capital, acquisition, letter of credit, lease, and off-balance sheet financings

Litigation

Represented a large investor-owned public utility that serves the Carolinas for more than 25 years as well as other investor-owned public utilities and electric membership corporations in litigation in state and federal courts in North Carolina and South Carolina involving:
- Wrongful death, personal injury and property damage claims resulting from contact with electrical wires and poles
- Products liability, including property damage, personal injury and breach of warranty
- Toxic torts, including asbestos exposure
- Stray voltage
- Commercial litigation and contract disputes
- Insurance coverage disputes, including coverage for mass torts and environmental claims
- Antitrust
- Construction and lien claims
- Right-of-way issues
- Condemnation
- Bankruptcy, insolvency and commercial contract matters
Represented an EPC contractor in construction disputes regarding merchant power plants.

Merchant Power Plant Development

Real estate matters, including options to purchase, zoning, and land acquisition.
Tax issues, including incentive programs, tax abatement, and tax planning.
Water and air permits.
EPC, O&M, and major equipment purchase contracts.
Joint venture structuring.