A member of Sutherland's Energy and Environmental Practice Group, Dan Frank focuses on the electric industry. He represents energy trading companies, electric cooperatives and other electric utilities, generators, and end users before the Federal Energy Regulatory Commission (FERC) and state public utility commissions. He assists his clients in North American Electric Reliability Corporation (NERC) compliance matters, including counseling on compliance audits and developing procedures to comply with the NERC Reliability Standards. He counsels transmission owners and other market participants on transmission access, pricing and cost allocation issues, has drafted and negotiated power sales, interconnection and transmission service agreements, and advises clients in disputes over power transactions and transmission matters. Before joining Sutherland, Dan served as a law clerk for the Honorable Danny Boggs of the U.S. Court of Appeals for the Sixth Circuit. Representative Experience Dan's representative experience includes: FERC Regulatory · Providing counsel on market-based rate approvals and related authorizations and waivers. · Advising on approvals of cost-based sales, transmission tariffs and other filings. · Advising on interconnection and transmission cost allocation issues involving wind and other renewable resources. · Advising on approvals of asset sales, mergers and reorganizations, and securities issuances. · Assisting with market power filings. · Providing counsel on interlocking director issues. · Advising on qualifying facility (QF) and other Public Utility Regulatory Policies Act (PURPA) matters. · Advising on Public Utility Holding Company Act (PUHCA) matters. · Counseling on FERC filing and reporting requirements. FERC Compliance and Enforcement · Counseling on compliance audits and government investigations. · Conducting internal compliance reviews and mock audits. · Counseling on self-reports of regulatory violations. · Developing trading compliance procedures. · Training legal, trading and marketing personnel in compliance matters. · Counseling on Independent System Operator (ISO) and Regional Transmission Organization (RTO) market rules. NERC Compliance and Enforcement · Counseling on registration issues. · Conducting internal compliance reviews and audits. · Counseling on NERC and Regional Entity compliance audits and on self-reports for generator owners and operators, transmission owners and operators, marketers, and others. · Developing NERC compliance procedures and advising on critical infrastructure protection (CIP) (cybersecurity), system protection and control, and other Reliability Standards. · Training legal, compliance and operations personnel in reliability compliance matters. FERC Litigation · Advising on FERC regulatory matters in Enron, National Energy & Gas Transmission, Inc. (NEGT) and Power Company of America (PCA) bankruptcies. · Serving as lead counsel for a market participant accused of gaming in Enron-related show-cause proceedings. · Serving as lead counsel for a generation and transmission cooperative (G&T) in Midwest ISO proceedings regarding grandfathered agreements (GFAs), seams operating agreement, and generator interconnection complaint. · Serving as lead counsel for a G&T in Southwest Power Pool proceedings concerning ancillary service rates, generator interconnections, and network facility cost allocations. · Serving as lead counsel for a public utility district in transmission and ancillary service rate cases. Professional Honors and Awards · Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of electricity regulation and litigation (2011) Professional and Community Involvement · Member, Electricity Regulation and System Reliability & Planning Committees, Energy Bar Association · Member, Electricity Committee, Public Utility, Communications and Transportation Law Section, American Bar Association · Member, Electric Cooperative Bar Association · Observer, Cyber Attack Task Force, North American Electric Reliability Corporation · Secretary (2011), Trustee (1995-2011), The Churchill Fund · Member, The Federalist Society Recent Publications and Speaking Engagements · Co-author, Power Grid Cyber Security Strategies, Managing Power Magazine (January 1, 2012) · Co-author, "Power Grid Cybersecurity: How to Achieve Results in an Unvertain Regulatory Environment," Managing Power Magazine (November 1, 2011) · Co-author, "Combating Cybersecurity Threats to the Power Grid," Energy Law360 (March 17, 2011) · Co-author, "Preparing for the Inevitable: Mitigating Enforcement Penalties in NERC Hearings and Appeals," Public Utilities Fortnightly (March 2010) · Author, "New Enforcement Power for FERC," Counsel to Counsel (July 2007) · Speaker, "High-Voltage Grid of the Future," Georgia Tech Clean Energy Speaker Series (May 18, 2011) · Speaker, "Understanding, Managing & Mitigating Risk Across the Enterprise," TechAmerica's Cybersecurity Forum (February 4, 2011) · Speaker, "Legal Overview Session," NRECA 2010 Reliability Compliance Workshop (October 19-20, 2010) · Speaker, "Post-Conference Workshop: NERC Compliance Strategies and Practices," American Conference Institute's 4th National Forum on Energy Trading Compliance (September 28-29, 2010) · Speaker, "Preparing for a NERC Audit," Infocast FERC Workshop: Improving Your NERC Compliance Program (April 19, 2010) · Speaker, "Interlocking Officer and Director Reporting 101: Practice Pointers on FERC Form 561," Energy Bar Association Young Lawyers Committee Lunchtime 101 Series (March 10, 2010) · Speaker, Sutherland Webinar: "NERC Audits and Culture of Compliance" (August 10, 2009) · Speaker, "The NERC Hearing & Appeals Process," NRECA G&T Legal Seminar (November 6, 2008) · Speaker, "The Day After: Mitigating Civil Penalties and Reputational Harm When Wrongdoing Is Found by FERC," American Conference Institute's National Forum on Energy Trading Compliance (January 28, 2008) Industries Electric Power News Power Grid Cyber Security Strategies
January 1, 2012 Sutherland Lands Pro Bono Victory: Court Grants Asylum to Client
September 27, 2011 Sutherland's New Blog Captures Cutting-Edge Developments in Coop Industry
May 23, 2011 Sutherland Attorneys, Practices Top Chambers USA 2011 Rankings
April 14, 2011 Sutherland Represents Wolverine Power Supply Cooperative in Acquisition of Sumpter Plant
April 5, 2010 Legal Alerts Legal Alert: NERC Proposes Modified Definition of Bulk Electric System
January 31, 2012 Legal Alert: FERC Adopts Transmission Planning and Cost Allocation Reforms
July 22, 2011 Legal Alert: Generators Required to Comply with Transmission Reliability Requirements
June 17, 2011 Legal Alert: Review of Transmission Incentive Policies May Prompt Narrower Scope and Fewer Benefits
May 24, 2011 Legal Alert: Electric Cooperatives Face Increased Reporting Requirements
April 25, 2011 Legal Alert: PJM Moves to Rein in Demand Response "Double Counting"
April 11, 2011 Legal Alert: FERC Affirms Approach to Definition of Bulk Electric System
March 22, 2011 Legal Alert: FERC Provides Guidance on Reliability Penalties
March 21, 2011 Legal Alert: Legislation Introduced to Address Vulnerabilities of Power Grid to Cyber Threats
February 22, 2011 Client Information: Five Lessons Learned from the Reliability Compliance Front
February 8, 2011 Legal Alert: FERC Addresses Status of Federal Entities Under Reliability Rules
December 20, 2010 Legal Alert: FERC Directs NERC to Adopt Modified Definition of Bulk Electric System
November 23, 2010 Legal Alert: FERC Adopts New Rules Addressing Credit Support Requirements in the Organized Energy Markets
October 25, 2010 Legal Alert: NERC Provides Guidance on Delegating Reliability Tasks
April 21, 2010 Legal Alert: FERC Clarifies QF Recertification Requirement
April 1, 2010 Legal Alert: FERC Spotlights NERC Compliance and Enforcement
March 22, 2010 Legal Alert: FERC Issues Penalty Guidelines
March 19, 2010 Legal Alert: FERC Approves $350k Settlement on FRCC's Role in Florida Blackout
March 8, 2010 Legal Alert: FERC Reviews NERC Penalty
March 1, 2010 Legal Alert: FERC Seeks Comments on Efficient Integration of Renewables
February 4, 2010 Legal Alert: Reliability Tops FERC's FY 2011 Budget Proposal
February 2, 2010 Legal Alert: FERC Seeks Comments on Expanding Reporting Requirement to Cooperatives and Others
January 25, 2010 Legal Alert: Supreme Court Holds Third Parties to Public Interest Standard
January 14, 2010 Legal Alert: Treasury Issues Guidance for Renewable Energy Grant Program
July 13, 2009 Legal Alert: FERC and MMS Reach Agreement on OCS Renewable Energy Projects
March 17, 2009 Legal Alert: FERC Remands NERC Registration Decision
November 21, 2008 Legal Alert: 2008 FERC Report on Enforcement
November 11, 2008 Legal Alert: FERC Policy Statement on Compliance
October 20, 2008 Legal Alert: FERC Asserts Jurisdiction Over Hydroelectric Projects on the Outer Continental Shelf; Challenges MMS Jurisdiction
October 17, 2008 Legal Alert: FERC Provides Guidance on Enforcement Policy Procedures
May 19, 2008 Legal Alert: CFTC Amends Commission Recordkeeping Rule with Goal of Improving Market Oversight
October 30, 2007 Legal Alert: FERC and CFTC Enforcement Actions on Manipulation in the Natural Gas Markets
August 3, 2007 Legal Alert: FERC Imposes $2 Million Civil Penalty for Code of Conduct Violations
June 13, 2007 Legal Alert: FERC Stepping Up Enforcement Efforts
June 1, 2007 Legal Alert: FERC Initiates Inquiry into Gas-Electric Coordination Issues
October 31, 2006 Legal Alert: Court Confirms FERC Has Retroactive Authority for Tariff Violations
August 11, 2006 Legal Alert: FERC Rescinds Market Behavior Rules 2 and 6, Retains and Codifies Other Rules; Proposes Expanded Record Retention Requirements
February 22, 2006 Legal Alert: FERC Revokes Market-Based Rates for Quarterly Report Violations and Finalizes Audit Procedures
February 22, 2006 Legal Alert: FERC Adopts Final Rule Concerning Prohibition of Energy Market Manipulation
January 24, 2006 Legal Alert: FERC Adopts Enforcement Policy Statement and Proposes Anti-Manipulation Rules and Audit Protections
October 25, 2005 Publications Power Grid Cyber Security Strategies
January 1, 2012 Reprinted with permission from Managing Power Power Grid Cybersecurity: How to Achieve Results in an Unvertain Regulatory Environment
November 1, 2011 Combating Cybersecurity Threats to the Power Grid
March 17, 2011 Reprinted with permission Energy Law360 Preparing for the Inevitable: Mitigating Enforcement Penalties in NERC Hearings and Appeals
March 2010 Posted with permission Public Utilities Fortnightly New Enforcement Power for FERC
July 2007 Counsel to Counsel Events Georgia Tech Clean Energy Speaker Series: "High-Voltage Grid of the Future"
May 18, 2011 TechAmerica Cybersecurity Forum
February 4, 2011 NRECA 2010 Reliability Compliance Workshop
October 19-20, 2010 American Conference Institute's 4th National Forum on Energy Trading Compliance
September 29, 2010 Infocast's FERC & CFTC Compliance Summit 2010
April 19-21, 2010 Energy Bar Association's Young Lawyers Committee Lunchtime 101 Series
March 10, 2010 Sutherland Webinar: NERC Audits and Culture of Compliance
August 10, 2009 NRECA G&T Legal Seminar
November 6-7, 2008 American Conference Institute's National Forum on Energy Trading Compliance
January 28, 2008 NRECA G&T Legal Seminar
November 11-12, 2004 Client Groups ELECTRIC COOPERATIVES ELECTRIC POWER PRODUCERS END USERS AND END USER GROUPS ENERGY TRADING, MARKETING & FINANCIAL COMPANIES |