Public Utilities Holland & Knight's Public Utilities Practice covers the quickly changing terrain of the regulated and unregulated utility industry, both domestic and international, forging multi-disciplinary teams from the firm's many practice areas. We advise public utilities, independent power producers, private equity investors and hedge funds, investment banks and financial institutions, cooperatives, and other entities that affect or are affected by the activities of public utilities. Our attorneys guide clients through this complex and changing arena to help them meet their business objectives. Holland & Knight's attorneys have long-standing relationships with state and federal commissions, as well as regional transmission organizations (RTOs) and independent system operators (ISOs) throughout the United States. We represent clients in a wide range of regulatory matters, including ratemaking and restructuring proceedings, rulemakings, certificate/licensing proceedings and related project development issues, investigations into allegations of market manipulation and market power abuse, and alleged violations of regulations and RTO/ISO rules and policies.
AREAS OF FOCUS
State regulatory commissions and the Federal Energy Regulatory Commission (FERC) RTO/ISO market design, trading, operational and compliance issues Operations and management consulting Environmental regulations, sustainability, facility siting, environmental permitting and brownfields Government affairs (federal and state)
INDUSTRIES SERVED Traditional regulated public utilities in all sectors, including electricity generation, transmission and distribution as well as natural gas supply, transportation and distribution Unregulated entities, including utility holding companies, independent power producers, power marketers and financial institutions "Self-regulating" utilities, including municipal utilities, public power authorities and cooperatives
REPRESENTATIVE EXPERIENCE AND CAPABILITIES Ratemaking
Broad understanding of ratemaking, including return on equity, depreciation, rate design and
alternative ratemaking methodologies Representation of electric and gas utilities, pipelines, and intervenors before state commissions and FERC Appellate representation of utilities in judicial review of commission rate orders Representation in fuel reconciliation proceedings for bundled electric utilities Transmission Cost Recovery Factor and Distribution Cost Recovery Factor proceedings Representation in change of control proceedings at state and federal regulatory agencies
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RTO/ISO Advocacy, Power Market Design and Commodity Trading
Representation at RTOs/ISOs, including appeals of RTO/ISO decisions to regulatory commissions Strategic counsel regarding market design issues Representation of energy traders in FERC and state investigations and enforcement actions
Transmission (Electric)
Certificate of Convenience and Necessity (CCN) approvals by state commissions Code of conduct creation, approval, implementation and compliance Transmission routing issues Use of transmission alternatives (i.e., storage and other technologies)
Generation (Electric)
Representation related to the regulation of operations, including allegations of market manipulation
and physical withholding Integrated resource plans and CCNs for new generation resources Merger and acquisition approvals by state commissions and FERC Qualified Facilities (QF) and Exempt Wholesale Generator (EWG) regulations State and federal compliance and quality of service requirements
Distribution and Transportation (Gas) Pipeline safety
Enforcement actions Curtailment disputes Pipeline construction State prudence proceedings.
CONTACT US Dane McKaughan
Partner | Austin 512.954.6528 dane.mckaughan@hklaw.com
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