Energy

We have extensive experience representing clients in the energy sector in a wide array of litigation and investigation matters, as well as transactional and regulatory counseling, including environmental counseling.  We have also counseled utilities on privacy and data breach response.  We deliver exceptional and cost-effective results.  While not exhaustive, a list of our industry clients and representative matters includes:

  • AES Corporation
  • American Electric Power Company
  • Ameren Corporation
  • Arizona Public Service Company
  • Commonwealth Edison Company
  • Covanta
  • Energy Northwest
  • Exelon Corporation
  • Mitsubishi Electric
  • North Carolina Utilities Commission
  • People’s Gas Company
  • PG&E
  • Public Service Enterprise Group
  • Schneider Electric
  • Southern California Edison
  • Successfully represented Exelon and two other nuclear utilities in claims against the US Department of Energy (DOE) seeking damages for breach of contract for DOE’s failure to dispose spent nuclear fuel from these client’s nuclear reactors.  This was one of the largest settlements in the history of the US Judgment Fund. 
  • Represented a major western utility in obtaining a $400 million recovery for business interruption and property damage to steam generators at a nuclear power plant.
  • Represented the North Carolina Utilities Commission in the investigation of Duke Energy Corporation and the termination of its president and CEO immediately after the closing of the merger between Duke and Progress Energy.
  • Defended a $1 billion dispute between owners and contractors involving the construction of power plants, resulting in a favorable settlement.
  • Secured a litigation victory on behalf of our client to recover $40 million in overcharges involving the sale of electrical power.
  • Represented a coalition of electric power generators in challenging a New Jersey statute that subsidized a new gas-fired generator.
  • On behalf of a coalition of electric power companies, successfully challenged an EPA rulemaking concerning emission standards for diesel-powered backup generators being used as demand response resources.
  • Represented a coalition of electric power companies in intervening in support of EPA’s Mercury and Air Toxics Standards in the U.S. Supreme Court.
  • Numerous representations involving bankruptcy and restructuring in the electric utility, coal and oil  and gas sectors, including successfully representing PSEG in multiple aspects in the Dynegy Holdings bankruptcy.
  • Conduct a company-wide internal investigation and related counseling for a utility company in connection with potential enforcement actions by the USEPA, the Illinois attorney general and the Cook County state’s attorney.
  • Handling the environmental aspects of an ownership transfer for a waste energy facility, including the transfer of permits, negotiation of an indemnity agreement, and evaluation of documents to be turned over to the new owner.
  • Reviewing and advising on numerous off-take agreements, long-term supply agreements, forward sale agreements, pipeline agreements, and commodities hedge agreements.
  • Advising an energy company regarding construction of a three gigawatt natural gas-fired electric generating peaker plant, including securing New Source Review permits, Title IV acid rain permits and operating permits. 
  • Advised an electric utility holding company on a wide range of privacy and cybersecurity issues, including reviewing and revising their data breach notification plans, assisting in analyzing potential data breaches, developing a strategy to implement a comprehensive privacy program, and review of potential privacy and cybersecurity regulations. 
  • Representation of a publicly traded manufacturer of solar cells and concentrating photovoltaic systems for utility scale solar applications in public securities and M&A transactions.
  • Handled the siting and permitting of a landfill (which included a waste-to-energy system) in west central Illinois, including developing an annexation agreement, preparing and presenting a siting hearing, defending the siting vote before the Illinois Pollution Control Board and the Illinois Appellate Court, and pursuing and obtaining all necessary permits from the Illinois EPA.
  • Performing environmental due diligence for electrical utility selling electrical transmission assets and related properties.
  • Representation of a major interstate natural gas pipeline company in the remediation of PCB contamination at more than 70 natural gas compressor stations located in 12 states and six USEPA regions. 
  • Representation of an oil refinery that was the site of the first brownfields redevelopment project in the state.  Issues successfully addressed included RCRA closure considerations, CAA permit issues and CWA discharge limitations.
  • Negotiating a resolution of complex regulatory matters before the US EPA and a state agency to allow the start-up of a former petroleum refinery.  The manufacture of reformulated gasoline required construction of new equipment and a means to manage new wastes. 
  • Representation of the borrower in a project finance restructuring of five power plants.
  • Representation of BP in the $1.2 billion divestiture of its Alliance refinery and related assets.
  • Representation of Sanwa Bank and Paribas, as arrangers of the financing of the 350-550 MW Rades IPP plant in Tunisia developed by affiliates of CEA, Sithe, and Mitsubishi.
  • Representation of Bank of Nova Scotia and Chemical Bank as agents and arrangers of the $460 million project financing of the Battleground and Deer Park cogeneration facilities for Occidental Petroleum Corporation.
  • Representation of Barclays Bank plc, as lender, with respect to the Coal Clough Wind Farm.
  • Represented Lukoil (large Russian oil company) in a $1.5 billion long-term export-backed financing by a consortium of five western money-center banks.