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Daniel E. Frank: Lawyer with Sutherland Asbill & Brennan LLP

Daniel E. Frank

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Washington,  DC  U.S.A.
Phone202.383.0838

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Experience & Credentials
 

Practice Areas

  • Energy and Environmental
  • Climate Change
  • Compliance & Enforcement
  • Cooperatives
  • Regulatory
  • Electric Regulatory
  • Energy Litigation
  • Energy Restructuring & Creditors' Rights
  • Energy Trading
 
Contact InfoTelephone: 202.383.0838
Fax: 202-637-3593
http://www.sutherland.com/daniel_frank
 
University University of Washington, B.A., magna cum laude, 1990 Phi Beta Kappa; Senior Comment Editor, The University of Chicago Legal Forum
 
Law SchoolThe University of Chicago Law School, J.D., 1993; Senior Editor, Harvard Journal of Law & Public Policy
 
Admitted1994, Virginia; 1995, District of Columbia
 
Special AgenciesFederal Energy Regulatory Commission.
 
BornSeattle, Washington, 1967
 
Biography

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

 
ISLN900117051
 

Documents by this lawyer on Martindale.com

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NERC Proposes Modified Definition of Bulk Electric System
Daniel E. Frank,Alison C. Graab,Alexandra D. Konieczny,Jennifer J. Kubicek, February 3, 2012
The North American Electric Reliability Corporation (NERC) has proposed that all transmission facilities operated at 100 kV or higher and all real and reactive power resources connected to the grid at 100 kV or higher be subject to its Reliability Standards. In NERC’s January 25, 2012...

Generators Required to Comply with Transmission Reliability Requirements
Daniel E. Frank,Alexandra D. Konieczny,Jennifer J. Kubicek, June 22, 2011
The Federal Energy Regulatory Commission (FERC) has found that two wind farm generators must comply with reliability requirements applicable to transmission owners and operators because of the tie-lines that interconnect their generating facilities to the transmission grid. FERC identified specific...

Review of Transmission Incentive Policies May Prompt Narrower Scope and Fewer Benefits
Paul F. Forshay,Daniel E. Frank,Alexandra D. Konieczny,Catherine M. Krupka,Jennifer J. Kubicek,Keith R. McCrea, May 26, 2011
In a May 19, 2011 Notice of Inquiry (NOI), the Federal Energy Regulatory Commission (FERC) signaled that it may be ready to modify its transmission investment pricing policies. The NOI requests industry comments on whether the rate incentives provided under FERC’s transmission investment...

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Office Information

Daniel E. Frank
Sutherland Asbill & Brennan LLP
1275 Pennsylvania Avenue, NW
Washington, DC 20004-2415




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