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Energy

The electric and natural gas industries face transformative opportunities as well as daunting challenges. Jenner & Block’s Energy practice is known for the creative and collaborative thinking it brings to cutting-edge issues in which the law is still developing, and its experience handling a broad cross-section of matters impacting the industry. We litigate cases at trial and appeal for energy companies at every level of the federal and state court systems, including before the US Supreme Court. We handle cases at FERC and at state commissions, and represent clients in regulatory enforcement matters. We also represent and counsel clients engaged in energy transactions.

Our team includes a former FERC Commissioner, two former US Supreme Court clerks, two former general counsels of major electric utility companies, and experienced trial lawyers. We work closely with Jenner lawyers across the firm to support the full scope of legal needs for Energy industry clients, whether conducting an internal investigation, trying business litigation matters, briefing and arguing cases in the appellate courts and the Supreme Court, navigating tribal issues, or handling significant transactions.

Experienced Policy Advisors

We draw upon our diverse experience to provide unique insights and advocacy to help our clients plan for what is ahead and to tackle any issue in courts, legislatures, commissions, communities, and in commercial transactions. We appear directly before regulators and courts on behalf of clients and provide strategic legal and regulatory counsel concerning their core business strategies and most critical contested matters.

Established Energy Leaders

Jenner’s Energy lawyers have a long history of successfully representing energy clients in a broad range of policymaking and regulatory proceedings, and in litigation arising from such proceedings. Our advocacy prioritizes our clients’ commercial goals and is informed by our sophisticated technical understanding of how the industry operates. We pride ourselves on our ability to translate that understanding into a persuasive presentation tailored to a generalist court or an expert administrative agency. Our major clients include investor-owned utilities, public power entities, competitive power producers, marketers, and major energy users, in addition to regulators, cleantech companies, and many companies who are innovating in the new energy economy.

Strategic Partners at the Forefront of an Evolving Energy Landscape

As technology innovation and demand for new solutions outpace the law, we partner with our clients to anticipate the industry’s evolution and provide creative answers that position them for success. We have extensive experience shaping the policy that drives business outcomes, including new and evolving regulatory models and commercial energy structures, such as alternative forms of regulation and ratemaking, non-traditional rate design approaches, and new market arrangements.

Providing Innovative Energy and Sustainability Solutions

Our adjacent Climate Practice develops innovative energy and sustainability solutions for utilities, universities, Native American tribes, emerging cleantech startups, and major corporations. Led by lawyers in the firm’s corporate, tax, Native American, cybersecurity, investigation, and appellate practices, we help clients navigate issues involving renewable natural gas, hydrogen, carbon capture and sequestration, and carbon markets.

  • Counseled clients and/or litigated a wide range of emerging energy policy issues including infrastructure cost allocation; transmission planning; the Inflation Reduction Act and its implications and financial opportunities; hydrogen and CO2 pipelines; natural gas transition and electrification; offshore wind; wholesale energy and capacity market rules; and a range of matters regarding the division between state and federal jurisdiction.
  • Represented many power and gas industry participants, including some of the world’s leading financial institutions, in complex FERC enforcement matters, including allegations of market manipulation by power or gas traders as well as a broad range of other compliance issues—particularly in the context of organized power markets.
  • Represented clients before state energy commissions and state appellate courts throughout the country. Our attorneys have first-chaired 20 gas and electric general and revenue requirement rate proceedings, successfully obtained more than 30 certificates of public convenience and necessity to construct new electric system facilities, including transmission facilities and service territory expansions, and defended multi-billion-dollar mergers against challenges to their regulatory approvals.
  • Provided strategic and practical legal advice for carbon capture and sequestration transactions, including working with clients’ business and legal teams on the goals and economics of proposed deals. We have provided recommendations on the interrelated and value-driving provisions of agreements, including those related to economic allocation of Section 45Q tax credits and credits available pursuant to California’s Low Carbon Fuel Standard. We have also counseled clients on financing and public disclosure considerations and provided advice and support to maximize 45Q value and manage tail risks associated with the credits and executing projects.
  • Litigated complex commercial disputes, including contract and construction disputes, in court and before arbitration panels. Successful litigation of energy matters requires a familiarity with the industry and regulatory context, as well as superb generalist trial advocacy—and our experienced trial lawyers combine both.

Recent specific matters have included:

  • Counseling related to a state-level strategy for producing, selling, and transporting green hydrogen, shaping policy via legislative proposals. As is common in state-based energy policy-making endeavors, the legal analysis requires a deep understanding of the jurisdictional and constitutional boundaries separating state and federal energy regulation, as well as a practical understanding of commercial objectives. Our attorneys are keenly aware that questions of government authority, although often overlooked, are foundational and must be handled properly to ensure projects stay on track through completion.
  • Developed and implemented federal regulatory strategies for a leading energy trade association to expand the size and value of wholesale electricity markets for advanced energy products and services. We have successfully worked before FERC to open markets to energy efficiency, distributed storage, and distributed storage and energy resources.
  • Led an innovative transmission project crossing tribal lands through a series of challenging business negotiations, innovative business structuring, and approvals by the California Public Utilities Commission, the FERC, and the California Independent System Operator to achieve a landmark joint venture that resulted in a significant victory for Indian Country, electric utilities, and their customers.
  • Litigated cutting-edge jurisdictional issues affecting the future of the electric and gas industries, including successfully litigating a preemption case challenging a New Jersey statute subsidizing new natural gas-fired generators—and then successfully defending landmark programs in Illinois and New York supporting clean-energy generators against preemption challenges. We also serve as expert witnesses to explain federal and state regulatory policies.
  • Helped clients navigate sensitive white-collar and regulatory investigations, as well as criminal proceedings and court-ordered probation proceedings, by bringing together our deep understanding of the industry and our clients’ businesses with our best-in-class Investigations, Compliance, and Defense practice. We have represented industry leaders in regulatory investigations into their decision-making and performance and in connection with management, finance, and compliance audits.

Experience

  • Counseled clients and/or litigated a wide range of emerging energy policy issues including infrastructure cost allocation; transmission planning; the Inflation Reduction Act and its implications and financial opportunities; hydrogen and CO2 pipelines; natural gas transition and electrification; offshore wind; wholesale energy and capacity market rules; and a range of matters regarding the division between state and federal jurisdiction.
  • Represented many power and gas industry participants, including some of the world’s leading financial institutions, in complex FERC enforcement matters, including allegations of market manipulation by power or gas traders as well as a broad range of other compliance issues—particularly in the context of organized power markets.
  • Represented clients before state energy commissions and state appellate courts throughout the country. Our attorneys have first-chaired 20 gas and electric general and revenue requirement rate proceedings, successfully obtained more than 30 certificates of public convenience and necessity to construct new electric system facilities, including transmission facilities and service territory expansions, and defended multi-billion-dollar mergers against challenges to their regulatory approvals.
  • Provided strategic and practical legal advice for carbon capture and sequestration transactions, including working with clients’ business and legal teams on the goals and economics of proposed deals. We have provided recommendations on the interrelated and value-driving provisions of agreements, including those related to economic allocation of Section 45Q tax credits and credits available pursuant to California’s Low Carbon Fuel Standard. We have also counseled clients on financing and public disclosure considerations and provided advice and support to maximize 45Q value and manage tail risks associated with the credits and executing projects.
  • Litigated complex commercial disputes, including contract and construction disputes, in court and before arbitration panels. Successful litigation of energy matters requires a familiarity with the industry and regulatory context, as well as superb generalist trial advocacy—and our experienced trial lawyers combine both.

Recent specific matters have included:

  • Counseling related to a state-level strategy for producing, selling, and transporting green hydrogen, shaping policy via legislative proposals. As is common in state-based energy policy-making endeavors, the legal analysis requires a deep understanding of the jurisdictional and constitutional boundaries separating state and federal energy regulation, as well as a practical understanding of commercial objectives. Our attorneys are keenly aware that questions of government authority, although often overlooked, are foundational and must be handled properly to ensure projects stay on track through completion.
  • Developed and implemented federal regulatory strategies for a leading energy trade association to expand the size and value of wholesale electricity markets for advanced energy products and services. We have successfully worked before FERC to open markets to energy efficiency, distributed storage, and distributed storage and energy resources.
  • Led an innovative transmission project crossing tribal lands through a series of challenging business negotiations, innovative business structuring, and approvals by the California Public Utilities Commission, the FERC, and the California Independent System Operator to achieve a landmark joint venture that resulted in a significant victory for Indian Country, electric utilities, and their customers.
  • Litigated cutting-edge jurisdictional issues affecting the future of the electric and gas industries, including successfully litigating a preemption case challenging a New Jersey statute subsidizing new natural gas-fired generators—and then successfully defending landmark programs in Illinois and New York supporting clean-energy generators against preemption challenges. We also serve as expert witnesses to explain federal and state regulatory policies.
  • Helped clients navigate sensitive white-collar and regulatory investigations, as well as criminal proceedings and court-ordered probation proceedings, by bringing together our deep understanding of the industry and our clients’ businesses with our best-in-class Investigations, Compliance, and Defense practice. We have represented industry leaders in regulatory investigations into their decision-making and performance and in connection with management, finance, and compliance audits.
Energy

The electric and natural gas industries face transformative opportunities as well as daunting challenges. Jenner & Block’s Energy practice is known for the creative and collaborative thinking it brings to cutting-edge issues in which the law is still developing, and its experience handling a broad cross-section of matters impacting the industry. We litigate cases at trial and appeal for energy companies at every level of the federal and state court systems, including before the US Supreme Court. We handle cases at FERC and at state commissions, and represent clients in regulatory enforcement matters. We also represent and counsel clients engaged in energy transactions.

Our team includes a former FERC Commissioner, two former US Supreme Court clerks, two former general counsels of major electric utility companies, and experienced trial lawyers. We work closely with Jenner lawyers across the firm to support the full scope of legal needs for Energy industry clients, whether conducting an internal investigation, trying business litigation matters, briefing and arguing cases in the appellate courts and the Supreme Court, navigating tribal issues, or handling significant transactions.

Experienced Policy Advisors

We draw upon our diverse experience to provide unique insights and advocacy to help our clients plan for what is ahead and to tackle any issue in courts, legislatures, commissions, communities, and in commercial transactions. We appear directly before regulators and courts on behalf of clients and provide strategic legal and regulatory counsel concerning their core business strategies and most critical contested matters.

Established Energy Leaders

Jenner’s Energy lawyers have a long history of successfully representing energy clients in a broad range of policymaking and regulatory proceedings, and in litigation arising from such proceedings. Our advocacy prioritizes our clients’ commercial goals and is informed by our sophisticated technical understanding of how the industry operates. We pride ourselves on our ability to translate that understanding into a persuasive presentation tailored to a generalist court or an expert administrative agency. Our major clients include investor-owned utilities, public power entities, competitive power producers, marketers, and major energy users, in addition to regulators, cleantech companies, and many companies who are innovating in the new energy economy.

Strategic Partners at the Forefront of an Evolving Energy Landscape

As technology innovation and demand for new solutions outpace the law, we partner with our clients to anticipate the industry’s evolution and provide creative answers that position them for success. We have extensive experience shaping the policy that drives business outcomes, including new and evolving regulatory models and commercial energy structures, such as alternative forms of regulation and ratemaking, non-traditional rate design approaches, and new market arrangements.

Providing Innovative Energy and Sustainability Solutions

Our adjacent Climate Practice develops innovative energy and sustainability solutions for utilities, universities, Native American tribes, emerging cleantech startups, and major corporations. Led by lawyers in the firm’s corporate, tax, Native American, cybersecurity, investigation, and appellate practices, we help clients navigate issues involving renewable natural gas, hydrogen, carbon capture and sequestration, and carbon markets.

  • Counseled clients and/or litigated a wide range of emerging energy policy issues including infrastructure cost allocation; transmission planning; the Inflation Reduction Act and its implications and financial opportunities; hydrogen and CO2 pipelines; natural gas transition and electrification; offshore wind; wholesale energy and capacity market rules; and a range of matters regarding the division between state and federal jurisdiction.
  • Represented many power and gas industry participants, including some of the world’s leading financial institutions, in complex FERC enforcement matters, including allegations of market manipulation by power or gas traders as well as a broad range of other compliance issues—particularly in the context of organized power markets.
  • Represented clients before state energy commissions and state appellate courts throughout the country. Our attorneys have first-chaired 20 gas and electric general and revenue requirement rate proceedings, successfully obtained more than 30 certificates of public convenience and necessity to construct new electric system facilities, including transmission facilities and service territory expansions, and defended multi-billion-dollar mergers against challenges to their regulatory approvals.
  • Provided strategic and practical legal advice for carbon capture and sequestration transactions, including working with clients’ business and legal teams on the goals and economics of proposed deals. We have provided recommendations on the interrelated and value-driving provisions of agreements, including those related to economic allocation of Section 45Q tax credits and credits available pursuant to California’s Low Carbon Fuel Standard. We have also counseled clients on financing and public disclosure considerations and provided advice and support to maximize 45Q value and manage tail risks associated with the credits and executing projects.
  • Litigated complex commercial disputes, including contract and construction disputes, in court and before arbitration panels. Successful litigation of energy matters requires a familiarity with the industry and regulatory context, as well as superb generalist trial advocacy—and our experienced trial lawyers combine both.

Recent specific matters have included:

  • Counseling related to a state-level strategy for producing, selling, and transporting green hydrogen, shaping policy via legislative proposals. As is common in state-based energy policy-making endeavors, the legal analysis requires a deep understanding of the jurisdictional and constitutional boundaries separating state and federal energy regulation, as well as a practical understanding of commercial objectives. Our attorneys are keenly aware that questions of government authority, although often overlooked, are foundational and must be handled properly to ensure projects stay on track through completion.
  • Developed and implemented federal regulatory strategies for a leading energy trade association to expand the size and value of wholesale electricity markets for advanced energy products and services. We have successfully worked before FERC to open markets to energy efficiency, distributed storage, and distributed storage and energy resources.
  • Led an innovative transmission project crossing tribal lands through a series of challenging business negotiations, innovative business structuring, and approvals by the California Public Utilities Commission, the FERC, and the California Independent System Operator to achieve a landmark joint venture that resulted in a significant victory for Indian Country, electric utilities, and their customers.
  • Litigated cutting-edge jurisdictional issues affecting the future of the electric and gas industries, including successfully litigating a preemption case challenging a New Jersey statute subsidizing new natural gas-fired generators—and then successfully defending landmark programs in Illinois and New York supporting clean-energy generators against preemption challenges. We also serve as expert witnesses to explain federal and state regulatory policies.
  • Helped clients navigate sensitive white-collar and regulatory investigations, as well as criminal proceedings and court-ordered probation proceedings, by bringing together our deep understanding of the industry and our clients’ businesses with our best-in-class Investigations, Compliance, and Defense practice. We have represented industry leaders in regulatory investigations into their decision-making and performance and in connection with management, finance, and compliance audits.

Experience

  • Counseled clients and/or litigated a wide range of emerging energy policy issues including infrastructure cost allocation; transmission planning; the Inflation Reduction Act and its implications and financial opportunities; hydrogen and CO2 pipelines; natural gas transition and electrification; offshore wind; wholesale energy and capacity market rules; and a range of matters regarding the division between state and federal jurisdiction.
  • Represented many power and gas industry participants, including some of the world’s leading financial institutions, in complex FERC enforcement matters, including allegations of market manipulation by power or gas traders as well as a broad range of other compliance issues—particularly in the context of organized power markets.
  • Represented clients before state energy commissions and state appellate courts throughout the country. Our attorneys have first-chaired 20 gas and electric general and revenue requirement rate proceedings, successfully obtained more than 30 certificates of public convenience and necessity to construct new electric system facilities, including transmission facilities and service territory expansions, and defended multi-billion-dollar mergers against challenges to their regulatory approvals.
  • Provided strategic and practical legal advice for carbon capture and sequestration transactions, including working with clients’ business and legal teams on the goals and economics of proposed deals. We have provided recommendations on the interrelated and value-driving provisions of agreements, including those related to economic allocation of Section 45Q tax credits and credits available pursuant to California’s Low Carbon Fuel Standard. We have also counseled clients on financing and public disclosure considerations and provided advice and support to maximize 45Q value and manage tail risks associated with the credits and executing projects.
  • Litigated complex commercial disputes, including contract and construction disputes, in court and before arbitration panels. Successful litigation of energy matters requires a familiarity with the industry and regulatory context, as well as superb generalist trial advocacy—and our experienced trial lawyers combine both.

Recent specific matters have included:

  • Counseling related to a state-level strategy for producing, selling, and transporting green hydrogen, shaping policy via legislative proposals. As is common in state-based energy policy-making endeavors, the legal analysis requires a deep understanding of the jurisdictional and constitutional boundaries separating state and federal energy regulation, as well as a practical understanding of commercial objectives. Our attorneys are keenly aware that questions of government authority, although often overlooked, are foundational and must be handled properly to ensure projects stay on track through completion.
  • Developed and implemented federal regulatory strategies for a leading energy trade association to expand the size and value of wholesale electricity markets for advanced energy products and services. We have successfully worked before FERC to open markets to energy efficiency, distributed storage, and distributed storage and energy resources.
  • Led an innovative transmission project crossing tribal lands through a series of challenging business negotiations, innovative business structuring, and approvals by the California Public Utilities Commission, the FERC, and the California Independent System Operator to achieve a landmark joint venture that resulted in a significant victory for Indian Country, electric utilities, and their customers.
  • Litigated cutting-edge jurisdictional issues affecting the future of the electric and gas industries, including successfully litigating a preemption case challenging a New Jersey statute subsidizing new natural gas-fired generators—and then successfully defending landmark programs in Illinois and New York supporting clean-energy generators against preemption challenges. We also serve as expert witnesses to explain federal and state regulatory policies.
  • Helped clients navigate sensitive white-collar and regulatory investigations, as well as criminal proceedings and court-ordered probation proceedings, by bringing together our deep understanding of the industry and our clients’ businesses with our best-in-class Investigations, Compliance, and Defense practice. We have represented industry leaders in regulatory investigations into their decision-making and performance and in connection with management, finance, and compliance audits.

Co-Chairs

View Full Team

Related Capabilities

COVID-19
Communications, Internet, and Technology
Corporate
Culture Risk and Sensitive Investigations
Data Privacy and Cybersecurity
ERISA
ESG: Environmental, Social, and Governance
Education
Environmental and Workplace Health and Safety
Government Contracts
Government Controversies and Public Policy Litigation
Insurance Recovery and Counseling
Investigations, Compliance, and Defense
Mergers and Acquisitions
National Security and Crisis
Native American Law
Real Estate Transactions
Real Estate and Hospitality
State Enforcement and Regulation
Tax
Technology
Transitions in Energy and Climate Solutions

News and Insights

Publications

Client Alert: FERC Issues Final Rule on How to Plan and Pay for Electricity Transmission

On May 13, 2024, the Federal Energy Regulatory Commission (FERC) issued its long-awaited final rule on regional transmission planning and cost allocation, Order No. 1920. The final rule’s release follows a notice-and-comment period that drew over 600 comments from interested parties, amounting to over 30,000 pages from nearly 200 stakeholders—the largest record considered in any FERC proceeding, according to FERC staff.[1] 

May 15, 2024

Event

“Is Deference Dead? Executive Branch Power Post-Chevron,” Energy Bar Association

Special Counsel Anand Viswanathan will moderate a panel at the Energy Bar Association’s 2024 Annual Meeting and Conference. He will guide a panel of top agency lawyers and academic experts as they explore the Supreme Court’s reconsideration of the Chevron doctrine, including how the Court’s decision could affect energy and environmental regulators and the regulated community.

April 26, 2024

News

Partner Tom O’Neill Joins HData’s Advisory Board

Jenner & Block Partner Tom O’Neill has joined the advisory board of HData, a Regulatory Technology company delivering streamlined compliance and business intelligence to the US energy industry. HData’s mission is to digitize the interface between the public and private sectors by automating manual processes for people who comply with regulations, enforce regulations, and use regulatory data.

April 24, 2024

Publications

Client Alert: SEC Adopts Final Rules for Climate-Related Disclosures as Controversy and Challenges Loom

On March 6, 2024, the Securities and Exchange Commission (“SEC”) issued an adopting release (Release Nos. 33-11275 and 34-99678), entitled The Enhancement and Standardization of Climate-Related Disclosures for Investors (the “Adopting Release”), which finalized new disclosure rules (“Final Rules”) that will require domestic and foreign companies to provide certain climate-related information in their registration statements and annual reports filed with the SEC, with some limited exceptions. Und

April 1, 2024

News

Jenner & Block Represents PG&E in Partnership with Citizens Energy Corporation

The firm’s Energy and Corporate Practices advised Pacific Gas and Electric Company (PG&E) on the creation of a transmission lease program pursuant to which nonprofit Citizens Energy Corporation (Citizens) could invest up to $1 billion in PG&E high-voltage transmission projects. PG&E has filed with the California Public Utilities Commission (CPUC) for approval of the program.

March 12, 2024

News

Third Circuit Victory Marks Precedent for How the Filed Rate Doctrine Applies to Auctions

The Third Circuit agreed with our argument that the Federal Energy Regulatory Commission cannot retroactively change the rules of an electric capacity auction after those rules have been applied. The victory represents a precedential ruling about how the filed rate doctrine applies to such auctions.

March 12, 2024

News

Partner James Rogers Discusses How Crypto-Assets and Energy Will Emerge in BRG's M&A Disputes Report 2024

London International Arbitration Partner James Rogers contributes to BRG’s fifth-annual M&A Disputes Report. This report delves into the global landscape of M&A disputes after a year of dealmaker uncertainty, macroeconomic fluctuations, and escalating geopolitical tensions.

February 2024

Recognition

Leadership Council on Legal Diversity Selects Three Jenner Lawyers for Leadership Programs

The Leadership Council on Legal Diversity (LCLD) has selected Partner Miwa Shoda and Associates Sharon Moraes and Tae Kim to participate in their leadership programs for 2024. Miwa will participate in the Fellows program, while Sharon and Tae will be Pathfinders. 

February 22, 2024

News

Four Jenner & Block Practice Areas and Seven Partners Recognized in Chambers Global 2024

The 2024 Chambers Global guide ranked Jenner & Block as a leading law firm in four practice areas: Intellectual Property: Trademark, Copyright & Trade Secrets; Derivatives; Corporate Crime & Investigations; and Energy: Electricity (Regulatory & Litigation).

February 16, 2024

Event

Energy Practice Co-Chair Suedeen Kelly to Speak on Panel at the North Carolina Sustainable Energy Association’s 2024 Clean Energy Event

Partner Suedeen Kelly will join the “FERC Watch” panel at this year’s 2024 Clean Energy event hosted by the North Carolina Sustainable Energy Association on January 31. Her panel will focus on recent orders from the Federal Energy Regulatory Commission (FERC) such as the FERC Order 2023 on transmissions, other developments happening at the agency, and how they relate back to North Carolina.

January 31, 2024

Publications

“Navigating United States Trade Policy to Achieve Climate Targets,” Pratt’s Energy Law Report

Companies that are able to access funding and tax credits to promote and develop clean technologies may find themselves hamstrung by trade restrictions that make it difficult to get the raw materials and products needed to advance these technologies. Associates Arie Feltman-Frank and Kate Abendroth joined former Special Counsel Tanja Vujic to examine the trade policies that are relevant to the advancement of the technology needed to transition to a climate-neutral economy and suggest ways to nav

January 2024

News

Co-Chairs Randy Mehrberg and Suedeen Kelly Discuss Growth of Energy Practice with Law360

The Inflation Reduction Act and Infrastructure Investment and Jobs Act are reshaping the energy economy and driving investment in renewable energy technology. Energy Co-Chairs Randy Mehrberg and Suedeen Kelly recently spoke to Law360 about the growth of the firm’s Energy Practice, the rapidly evolving energy economy, and the needs of clients.

December 21, 2023

News

Jenner & Block Appoints Six Special Counsel

Jenner & Block has elevated six lawyers to Special Counsel, promoting associates from the firm’s Chicago, London, and Washington, DC offices.

December 20, 2023

News

Jenner & Block Elects Nine New Partners for 2024

Jenner & Block elevated eight lawyers to the partnership, promoting associates and special counsel from the firm’s Chicago, London, Los Angeles, and Washington, DC offices.

December 19, 2023

Recognition

Three Chicago Partners Named among Who’s Who in Law for Second Consecutive Year

Jenner & Block Co-Managing Partner Randy Mehrberg, Chicago Office Managing Partner Melissa Root, and Former Chair Tony Valukas are listed among just 20 Chicago lawyers in Crain’s Chicago Business’ Who’s Who in Law guide. The list is published in Crain’s Chicago Business’ The Book 2024, a reference guide of Chicago leaders who “know how to get big things done in Chicago." Jenner & Block is the only firm with three lawyers named to the list.

December 19, 2023

News

Anand Viswanathan Discusses Supreme Court Case Implications on FERC Enforcement

For its Inside FERC newsletter, Platts reached out to Special Counsel Anand Viswanathan for his insight about a case before the Supreme Court that has implications for the Federal Energy Regulatory Commission (FERC). The case, Securities and Exchange Commission v. Jarkesy, tests whether in-house enforcement proceedings at the SEC violate the US Constitution. Some energy developers have told the Court that FERC’s enforcement system mirrors the SEC’s, similarly depriving litigants of their right t

December 1, 2023

Publications

“If Only a Transmission Line Were Like a Rose Bush,” WIRES Quarterly Newsletter

In this article, Partner Suedeen Kelly highlights a novel approach to siting new, long energy transmission lines that could promise a “win-win” for landowners, regulatory authorities, transmission customers, and transmission developers. This model was developed by San Diego Gas & Electric and Southern California Edison, with the backing of the Federal Energy Regulatory Commission (FERC). A former FERC commissioner, Suedeen, now in private practice, played a key role in facilitating what she call

November 29, 2023

News

Jenner’s Energy Practice’s Continues Expansion with Addition of FERC Litigator William Barksdale

(October 19, 2023 - Washington, DC) Jenner & Block’s Energy Practice growth continues with the addition of William Barksdale, a skilled litigator on matters involving the Federal Energy Regulation Commission (FERC). Will, who joins as Special Counsel, is the fourth senior addition to the practice in the past year. He joins recent additions Partners John Estes and Niqui Kohli and Special Counsel Anand Viswanathan. This year’s additions have expanded the practice’s transactional capabilities and d

October 19, 2023

Publications

“FERC Order No. 2023: Implications and Unanswered Questions,” Pratt’s Energy Law Report

In this article, Special Counsel Anand Viswanathan examines what the Federal Energy Regulatory Commission (FERC) calls its most significant set of interconnection reforms in two decades: Order No. 2023. Order No. 2023 is designed to ensure that generation resources can connect to the grid in a timely and efficient manner. As Anand explains, this long-awaited rule directs all public utility transmission providers to revise their pro forma generator interconnection queue rules. Anand provides back

October 2023

Event

“Energy Transition: Legal Issues,” FIA Forum: Commodities 2023

Partner Suedeen Kelly will join a conversation about the global energy sector’s shift from fossil-based fuel production and consumption to renewable energy sources, including opportunities such as new business ventures in offshore wind, electric storage, hydrogen, carbon capture, and merchant transmission; revenue sources; tax incentives; and financing. She will also discuss how legal and compliance departments can support forward-looking businesses.

September 14, 2023

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