- Environmental & Commodities
- Electric Cooperatives
- Commodities Enforcement & Investigations
- Regulatory & Compliance
- Trading & Transactions
- Cybersecurity & Privacy
|Contact Info||Telephone: 202.383.0838|
|University ||University of Washington, B.A., magna cum laude Phi Beta Kappa|
|Law School||University of Chicago Law School, J.D. Senior Comment Editor, The University of Chicago Legal Forum, Senior Editor, Harvard Journal of Law & Public Policy|
|Admitted||1994, Virginia; 1995, District of Columbia|
Member, Board of Directors, Energy Bar Association (2012-2015)
Member, Electricity Regulation and System Reliability & Planning Committees, Energy Bar Association
Member, Electricity Committee, Public Utility, Communications and Transportation Law Section, American Bar Association
Charter Member, Electric Cooperative Bar Association
Observer, Cyber Attack Task Force, North American Electric Reliability Corporation (2011-2012)
Secretary (2011-2014), Trustee (1995-2011), The Churchill Fund
Member, The Federalist Society
|Special Agencies||Federal Energy Regulatory Commission.|
|Born||Seattle, Washington, 1967|
In an industry of complex and increasing regulation and in which cybersecurity is increasingly critical to system reliability and subject to greater regulation, Dan Frank guides electric industry clients in compliance matters before the Federal Energy Regulatory Commission (FERC), the North American Electric Reliability Corporation (NERC) and state public service commissions. Dan's clients include electric cooperatives and other electric utilities, transmission companies, energy trading companies, generators, and end users.
Before FERC, Dan regularly counsels clients on market access requirements, filing and reporting obligations, transmission regulatory matters, and transaction approvals.
In NERC compliance matters, Dan helps clients respond to audits, prepares delegation agreements, and advises on compliance with NERC's cybersecurity (critical infrastructure protection) and other Reliability Standards.
Dan counsels transmission owners and other market participants on transmission access, pricing and cost allocation issues. He drafts and negotiates power sales, interconnection and transmission service agreements, and he advises clients in disputes over power transactions and transmission matters.
Sutherland represents mid-Atlantic energy company in two FERC enforcement matters.
Sutherland advises an electric coop in international power lines negotiations.
Sutherland advises on transmission and regulation in a wind energy project.
Awards and Rankings
Recognized by The Legal 500 United States in the area of energy: regulatory (2015)
Recognized by Chambers Global: World's Leading Lawyers in the area of electricity regulation and litigation (2015)
Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of electricity regulation and litigation (2011-2015)
Cybersecurity and Privacy Insights Blog
Honorable Danny J. Boggs, U.S. Court of Appeals - Sixth Circuit.
Documents by this lawyer on Martindale.com
FERC Confirms Distribution Cooperatives Must Purchase QF Output
Peter A. Fozzard,Daniel E. Frank,Dorothy Black Franzoni,Jay Holloway,Daniella Landers, June 29, 2015
A distribution cooperative must purchase the electrical output made available to it by a qualifying facility (QF), notwithstanding restrictions in the cooperative’s all-requirements contract with its generation and transmission supplier (G&T) on third-party contracts. In a recent order, the...
D.C. Circuit Vacates 100-Hour Exemption for Emergency Generators
Paul F. Forshay,Daniel E. Frank,Jay Holloway,Emily L. Seidman, May 6, 2015
On May 1, 2015, the D.C. Circuit in Delaware v. EPA vacated a portion of EPA’s National Emissions Standards for Hazardous Air Pollutants (NESHAP) and New Source Performance Standards (NSPS) for Reciprocating Internal Combustion Engines (RICE), which allowed backup / emergency generators to...
FERC Issues Order No. 809 On Gas/Electric Coordination
Lillian A. Forero,Paul F. Forshay,Daniel E. Frank,Catherine M. Krupka,Michael A. Stosser, April 23, 2015
On April 16, 2015, FERC issued a Final Rule in Coordination of the Scheduling Processes of Interstate Natural Gas Pipelines and Public Utilities, Order No. 809, Docket No. RM14-2-000, 151 FERC ¶ 61,049 (2015). Recent cold weather events, as well as associated gas supply difficulties and high...
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