William Massey has a broad-based energy regulatory and government affairs practice in the Washington, DC office. He has extensive experience with regulatory issues before the Federal Energy Regulatory Commission (FERC), and with energy legislative matters before Congress and state general assemblies. Most recently, he served as Commissioner at FERC for more than ten years. Mr. Massey advises investment firms, utilities, independent power producers, pipelines, project developers, customers, marketers and energy companies on a wide variety of energy matters including mergers and acquisitions, market structure, competition policy, transmission and infrastructure investment, enforcement and investigations, and legislative strategy. Drawing on over 25 years as a Washington insider and counselor, Mr. Massey understands the intersection of policy, legislation and regulation. He offers a highly effective combination of strategic, legal and policy skills to his clients. He practices successful regulatory and legislative advocacy in Washington and in state capitals. Representative Matters · KKR and TPG in obtaining FERC approval to acquire TXU Corp. in the largest leverage buyout in US history. · Seven major energy associations (EEI, NGSA, AGA, IPAA, EPSA, INGAA, and PGC) in preparing and presenting a FERC Enforcement White Paper evaluating the implementation of FERC enforcement policy. · PSEG in obtaining a favorable FERC Declaratory Order with respect to the Cross Hudson Project. · A major energy company in a formal investigation by FERC in connection with alleged market manipulation, and a number of other energy companies in non-public and internal investigations. · COMPETE, a coalition of major electricity market participants, including Exelon, Constellation Energy Group, Sempra, Reliant, TXU, PPL, PSEG, Safeway, and Wal-Mart on legislative and policy matters related to electricity competition. · Texas Genco in obtaining FERC approval to sell $5.4 billion in generation assets to NRG. Previous Experience · Federal Energy Regulatory Commission (FERC), Commissioner (1993-2003) · U.S. Senator Dale Bumpers (D-Ark), Chief Counsel (1980-1989) · Central Arkansas Legal Services, Executive Director (1976-78) Honors and Rankings · Chambers, Energy/Electricity (2008-2011) · Chambers, Energy/Oil & Gas (2009-2011) · Best Lawyers in America, Energy (2007-2012) · Washington D.C. Super Lawyer, Energy & Natural Resources (2010) · Recognized by the Legal 500 US for Energy (2010). Memberships and Affiliations · Georgetown University Law Center, Adjunct Professor of Law · Energy Bar Association, Board of Directors (since 2005) · American Bar Association, Section on Public Utility, Communications, and Transportation (since 2000) Publications · "CFTC Finalizes Rules on Swap Data Recordkeeping and Reporting and Real-Time Reporting," Covington Advisory (1/19/2012), Co-Author · "FERC Reports on 2011 Enforcement Activities and Limits Affiliate Bidding for Gas Pipeline Capacity," Covington E-Alert (11/22/2011), Co-Author · "CFTC Adopts Final Position Limit and Clearinghouse Rules Implementing Dodd-Frank and Proposes to Further Delay Effective Date for Compliance with Swap Regulation," Covington E-Alert (10/20/2011), Co-Author · "CFTC Proposes Two Rules Clarifying Dodd-Frank Implementation Schedules for Certain Requirements and Previews Future Rulemaking Schedule," Covington E-Alert (9/16/2011), Co-Author · "FERC and DOE Submit Demand Response Plan Implementation Proposal to Congress," Covington E-Alert (7/12/2011), Co-Author · "CFTC Issues Final Rules Prohibiting Market Manipulation," Covington E-Alert (7/11/2011), Co-Author · "FERC Opens Inquiry to Broaden Participation in Wholesale Electricity Markets and Imposes Civil Penalty on an Individual Marketer for False and Misleading Statements," Covington E-Alert (6/22/2011), Co-Author · "CFTC Proposes Order Granting Temporary Relief From Certain Dodd-Frank Provisions," Covington E-Alert (6/20/2011), Co-Author · "FERC Begins Review of Transmission Investment Incentives, Possibly Signaling a Change in Policy," Covington E-Alert (5/31/2011), Co-Author · "FERC Affirms ALJ Decision Concluding that Amaranth Natural Gas Trader Violated Anti-Manipulation Rule; Orders Trader to Pay $30 Million Civil Penalty," Covington E-Alert (4/28/2011), Co-Author · "CFTC and Prudential Regulators Propose Margin Requirements for Uncleared Swaps," Covington E-Alert (4/26/2011), Co-Author · "FERC Approves Rules to Improve Compensation to Demand Response in Organized Electricity Markets," Covington E-Alert (4/1/2011), Co-Author · "FERC Proposes Frequency Regulation Pricing Change to Boost New Energy Technologies," Covington E-Alert (2/25/2011), Co-Author · "CFTC Issues Proposed Rules Setting Position Limits for Commodity Derivatives," Covington E-Alert (1/20/2011), Co-Author · "FERC Approves California and Midwest Planning Proposals with Implications for Renewable Resource and Transmission Developers," Covington E-Alert (1/11/2011), Co-Author · "CFTC and SEC Propose Joint Rules Further Defining "Swap Dealer," Security-Based Swap Dealer," "Major Swap Participant," and "Major Security-Based Swap Participant"," Covington E-Alert (12/10/2010), Co-Author · "FERC Proposes Rule Changes to Remove Barriers to Integrating Variable Resources Into the Grid," Covington E-Alert (12/1/2010), Co-Author · "CFTC Proposes New Rules on Swap Data Reporting, Recordkeeping and Real-Time Dissemination of Swap Data," Covington E-Alert (12/1/2010), Co-Author · "FERC Improves Investment Climate for Electric Transmission Projects and Opens Rate Investigations on Two Interstate Gas Pipelines," Covington E-Alert (12/1/2010), Co-Author · "FERC Promotes Development of New Generation Resources by Providing Significant Flexibility for State Feed-In Tariffs," Covington E-Alert (11/1/2010), Co-Author · "FERC Seeks Comment on Adding Restrictions on Intrastate Gas Pipeline Capacity Transfers and Adopts Credit Reform Rule for Organized Electricity Markets," Covington E-Alert (10/29/2010), Co-Author · "DOE Releases Reports and Seeks Further Information on Key Smart Grid Issues Including Data Access and Privacy," Covington E-Alert (10/18/2010), Co-Author · "FERC Modifies Civil Penalty Guidelines," (9/28/2010), Co-Author · "CFTC Issues Order Denying Exemption Extension for Bilateral Swaps Under the Commodity Exchange Act," Covington E-Alert (9/21/2010), Co-Author · "FERC Issues Precedential Ruling on California's Feed-in Tariff and FERC Staff Presents Smart Grid Process Recommendations," Covington E-Alert (7/29/2010), Co-Author · "FERC Proposes New Electric Transmission Policies and Releases Plan for Demand Response," Covington E-Alert (6/28/2010), Co-Author · "DOE Starts Formal Dialogue on Key Smart Grid Issues; Interior Signs MOU with Ten East Coast Governors for Regional Approach to Offshore Wind," Covington E-Alert (6/18/2010), Co-Author · "The American Power Act: An Analysis Of Key Provisions From The Kerry-Lieberman Energy And Climate Legislation," Covington E-Alert (5/13/2010), Co-Author · "FERC Issues Guidelines for Civil Penalties and Reduces Reporting Requirements for New Generation Site Acquisitions," Covington E-Alert (4/1/2010), Co-Author · "FERC Proposes Policy That Could Increase Payments to Demand Response Providers in Organized Markets And Waives Small QF Filing Requirements," Covington E-Alert (3/29/2010), Co-Author · "FERC and DOE Act to Develop Electricity Grid of the Future," Covington E-Alert (1/8/2010), Co-Author · "FERC Launches Investigation of Pipeline Rates and Clarifies What Triggers "Control" Concerns in Public Utility Transactions," Covington E-Alert (12/10/2009), Co-Author · "Nine Federal Agencies Sign MOU to Spur Transmission Line Siting on Federal Lands," Covington E-Alert (11/5/2009), Co-Author · "Department of Energy Announces Financial Institution Partnership Program To Provide Loan Guarantees to Conventional Renewable Energy Generation Projects," Covington E-Alert (10/30/2009), Co-Author · "FERC Approves Largest Civil Penalty Ever Relating to Violations Of Electric Reliability Standards; Commissioners Moeller And Spitzer File Concurrences," Covington E-Alert (10/15/2009), Co-Author · "FERC Proposes Initial Standards for Demand Response Resources and Announces Conferences for Demand Response Action Plan," Covington E-Alert (9/24/2009), Co-Author · "Renewable Energy Projects on the OCS - FERC and MMS Provide Guidance for Approvals," Covington E-Alert (8/7/2009), Co-Author · "Department of Energy Opens Application Process for Billions In Loan Guarantees And Exercises Recovery Act Loan Guarantee Authority For The First Time; Treasury Opens Application Process for Renewable Energy Grants in Lieu of Tax Credits," Covington E-Alert (8/3/2009), Co-Author · "FERC Finds No Market Manipulation in Connection with Lake Erie Loop Flow, Clears the Way for Midamerican's Integration Into MISO, Addresses Reporting Requirements for Non-Interstate Pipelines, and Proposes Incorporation of NAESB Standards," Covington E-Alert (7/27/2009), Co-Author · "FERC Adopts Smart Grid and Interim Rate Policy and Affirms Need for Demand Response," Covington E-Alert (7/24/2009), Co-Author · "Landmark Energy and Climate Legislation: A Perspective on Key Provisions and What's Next," Covington E-Alert (7/22/2009), Co-Author · "FERC Releases First-Of-A-Kind Study On Demand Response, Approves Cost Allocation Proposal For Wind Transmission, And Denies Negotiated Rates For A Transmission Project," Covington E-Alert (6/25/2009), Co-Author · "President Obama Announces Intent to Nominate New FERC Commissioner; Ferc Names New Head Of Enforcement and Revises Reporting Requirements For New Generation Sites," Covington E-Alert (6/25/2009), Co-Author · "FERC Acts On Major Transmission Line Between Quebec And New England To Move Hydropower, Requests More Comments On Rate Policy For Smart Grid Investments, And Adopts Further Blanket Authorization Reporting Requirements," Covington E-Alert (6/1/2009), Co-Author · "Renewable Energy Projects on the OCS - The Regulatory Path is Clarified," Covington E-Alert (5/7/2009), Co-Author · "FERC Awards Incentives for Major Midwest "Green" Transmission Project," Covington E-Alert (4/29/2009), Co-Author · "FERC Proposes Smart Grid Priorities and Interim Rate Policy," Covington E-Alert (3/24/2009), Co-Author · "Biofuels Growing Beyond Corn," Legal Times (3/16/2009), Co-Author · "FERC Issues Two Show Cause Orders For Alleged Violations Of Anti-Manipulation Rule And Approves Settlements For Violations And Attempted Violations In Connection With Multiple Affiliate Bidding Strategy In Gas Pipeline Open Season; Commissioners Moeller And Spitzer Dissent," Covington E-Alert (1/22/2009), Co-Author · "FERC Clarifies Regulations and Reporting Requirements for Holding Companies, Announces New Pipeline Posting Requirements, Opens Inquiry into Non-Interstate Pipeline Posting Requirements, and Denies Rehearing of Order Lifting Maximum Rate Ceiling for Short-Term Pipeline Capacity Releases," Covington E-Alert (12/2/2008), Co-Author · "Government Affairs Practice Group Post Election Analysis," Covington Report (11/7/2008), Co-Author · "FERC Acts on Natural Gas Transparency Reporting, Electricity Transmission Pricing, and Capacity Markets," Covington E-Alert (9/24/2008), Co-Author · "Significant FERC Action on Gas Pipeline Capacity Release, Electricity Reliability Enforcement, and Electricity Open Access Policy," Covington E-Alert (6/26/2008), Co-Author · "FERC Issues Significant Package of Enforcement Reforms," Covington E-Alert (5/21/2008), Co-Author · "FERC Proposes New Standards of Conduct Rules," Covington E-Alert (3/26/2008), Co-Author · "Implementation of the Federal Energy Regulatory Commission's Enforcement Authority," White Paper (11/14/2007), Co-Author · "FERC Acts on Key Electricity Market Issues," Covington E-Alert (6/25/2007), Co-Author · "Energy Deals," Covington E-Alert (January 2006), Co-Author · "Reliability-Based Competition in Wholesale Electricity: Legal and Policy Perspectives," Energy Law Journal (November 2004), Co-Author Presentations and Speeches · "Perspectives on U.S. Energy Policy," 2006 Deloitte Energy Conference, Washington, DC (January 2006) · "Balancing Antitrust and Regulation in Network Industries: Evolving Approaches in Europe and United States," Ecole Des Mines De Paris, Cerna and University of California at Berkeley School of Law, Paris (2006) · "Utility Mergers and Acquisitions: Questions and Issues," Platts 2nd Annual Utility M&A Conference, New York (2005) · "Transmission and Intermittent Resources," Windpower 2005, American Wind Energy Association (AWEA), Denver, Colorado (1/1/2005) · "Ensuring Adequate Energy Supplies in a Volatile Environment," Institute for Regulatory Policy Studies, Illinois State University, Springfield, Illinois (2005) · "FERC Electric Transmission Pricing Policies: Moving Beyond Contract Path," The World Bank, Delhi, India (2005) Judicial Clerkship · Hon. Richard S. Arnold, U.S. Court of Appeals, Eighth Circuit, 1978-1980 |