Alston & Bird LLP

Alston & Bird provides energy industry clients with nationally recognized expertise to meet their most critical regulatory, financial and business challenges. Our lawyers bring a unique blend of experience sharpened on the cutting edge of developments in every aspect of the law affecting the energy industry, including electric and natural gas regulation, project development and financing, mergers and acquisitions, EPC contracting and construction services, energy supply transactions, derivatives, hedge funds and alternative investments, intellectual property, carbon management and public policy.

Experience

Regulation & Litigation
Project Development & Finance
Mergers & Acquisitions
EPC Contracting & International Construction Services
Energy Supply Transactions
Derivatives, Hedge Funds & Alternative Investments
Intellectual Property
Carbon Management
Public Policy

Accolades

Our Energy Regulatory lawyers are ranked among the leading national energy practices for Electricity (Regulatory and Litigation) by Chambers USA: America's Leading Lawyers for Business 2011 and listed in The Best Lawyers in America.

Our Energy Construction lawyers are some of the most respected practitioners in the field, ranked in Chambers USA: America’s Leading Lawyers for Business, The Best Lawyers in America, The International Who’s Who of Construction Lawyers and The International Who’s Who of Business Lawyers.

Our Energy intellectual property lawyers are consistently ranked by major industry publications, including IP Law and Business, Corporate Counsel, Managing Intellectual Property and Intellectual Property Today, as top performers for intellectual property litigation, counseling, portfolio management, licensing and patent prosecution. Our team includes lawyers named in The Best Lawyers in America and Chambers USA: America’s Leading Lawyers for Business.

Experience

Energy Regulatory

• Currently representing National Grid USA as regulatory counsel and in drafting critical agreements to support the joint development of a $2 billion electric transmission project for the delivery of renewable and balancing energy.
   
• Currently representing the California ISO in developing rules for integrating the region’s generator interconnection process with its transmission planning procedures and obtaining approval for those rules from FERC.
   
• Currently representing FirstEnergy Corp. in connection with the integration of its Midwestern transmission facilities into the PJM regional transmission organization and establishing associated transmission rates.
   
• Currently representing various portfolio companies of Riverstone Holdings LLC, as transactional and FERC regulatory counsel, in acquisitions of gas-fired, dual fuel combustion cycle, biomass and waste-fueled generation facilities in the Northeast and Mid-Atlantic regions.
   
• Currently representing EDF Renewable Energy, Inc., as project finance counsel and FERC regulatory counsel in a variety of matters, including a proceeding concerning interconnection issues and market-based rate filings.

Selected Electric Industry Representations

• Representation of the California ISO in obtaining regulatory approvals for a revised regional transmission planning process—the first process approved by FERC to address transmission needs to support state renewable energy policies—and the successful defense of complaints related to the California ISO transmission planning process.
   
• Representation of the California ISO in obtaining regulatory approvals for the new wholesale electric market rules and rules for transmission service, as well as successful defense of those rules on appeal.
   
• Representation of National Grid in connection with the development and negotiation of regional resource adequacy arrangements, including the development of the first forward market for capacity.
   
• Representation of an ad hoc group of 21 transmission owners in the Midwest ISO region in successful litigation before FERC regarding the right to assign millions of dollars of credits created in a 2001 settlement agreement, which allowed several utilities, upon payment of $60 million, to withdraw from the Midwest ISO.
   
• Representation of National Grid in successful litigation before FERC regarding the applicability of the “finality” provision of the NYISO’s settlement procedures to defeat an effort to reopen years of NYISO invoices and resettle tens of millions of dollars of billings in the NYISO energy markets.
   
• Representation of a family of private investment funds in successful litigation before FERC regarding a proposed change in default allocation rules among participants in an ISO/RTO-administered energy market prompted by the multimillion dollar default of one of the funds on a portfolio of financial hedges related to FTRs.
   
• Representation of an economic consulting firm in litigation before FERC arising from a complaint filed by the Illinois attorney general alleging price manipulation and other violations of the Federal Power Act in a state-sponsored auction for retail electric supplies, which the economic consultant had structured and managed.
   
• Representation of National Grid USA in proceedings before FERC for authorizations to issue securities.
   
• Representation of investor-owned utilities in various state regulatory prudence investigations regarding, among other things, nuclear power plant construction, outage management, fuel procurement, storm response and customer service issues.
   
• Representation of nuclear utilities seeking the recovery of nuclear decommissioning costs, including the defense of imprudence claims.
   
• Representation of a group of public and municipal utilities in a joint project to build an interstate transmission project to support a new 600 megawatt, coal-fired, electric-generating facility and to expand transmission capacity, increase reliability of the regional transmission system and expand transmission outlet for wind generation in the region. Responsible for the development of the joint owners’ agreement, drafting the agreement governing the construction and operation of the transmission project, and for addressing issues related to the interconnection of the generation facilities and the transmission project with the transmission systems operated by an ISO and a U.S. governmental agency.
   
• Representation of Alliant Energy Corporate Services, MidAmerican Energy Service, Xcel Energy Services, Nebraska Public Power District, Omaha Public Power District, Corn Belt Cooperative and TRANSLink Transmission Company as FERC regulatory counsel in connection with the formation of the first for-profit independent transmission company.
   
• Representation in obtaining FERC approval for the formation and operation of TranServ International Inc., the first-of-its-kind for-profit company providing independent tariff administration and related transmission services for electric utility companies in the United States.
   
• Representation of National Grid in contract negotiation and FERC approvals related to the construction of a major interconnection facility for an independent power producer, including negotiation and management of regulatory approvals required to implement a novel, multiparty arrangement among National Grid, the project developer and the county industrial development agency that permitted a substantial portion of the interconnection facility to be covered by a pilot arrangement.
   
• Representation of Montana Alberta Tie Ltd. and MATL LLP in obtaining the necessary federal approvals for the marketing access to the new line, negotiating the arrangements for interconnecting the line to the U.S. transmission grid and addressing various customer-specific issues.
   
• Representation of the developers of the major high-voltage direct current intertie connecting the transmission systems of the United States and Canada. Assisted in the negotiation of the numerous contracts underlying the finance, construction, use and operation of the project. Provide ongoing advice regarding compliance with new regulatory requirements, and negotiation of the transfer of operational control of the project to the New England ISO.
   
• Representation of National Grid, FirstEnergy and other utilities in connection with the restructuring of the New England, New York and PJM power pools and the formation of ISOs and RTOs in those regions, including negotiation of governance issues; determination of congestion management programs, including drafting portions of the PJM tariff and agreement; generator and merchant transmission interconnection policies; grid planning policies; zonal rate design; development of wheeling arrangements to facilitate retail access pilot programs; and market monitoring and compliance issues.
   
• Representation of Gaz Metro before FERC in connection with its acquisition of Green Mountain Power.
   
• Representation of National Grid before FERC in connection with its acquisition of KeySpan.
   
• Representation of Niagara Mohawk and National Grid before FERC and state regulators in connection with National Grid’s acquisition of Niagara Mohawk.
   
• Representation of PowerGen before FERC in connection with its acquisition of LG&E.
   
• Representation of GPU before FERC in connection with the sale of certain hydro-electric, fossil-fuel and nuclear-generating assets.
   
• Representation of New England Electric System before FERC in connection with the sale of hydro-electric and fossil-fuel generating assets to U.S. Gen New England.
   
• Representation of Niagara Mohawk before FERC and state regulators in connection with the sale of its hydro-electric, fossil-fuel and nuclear generating assets in nine transactions.
   
• Representation of Niagara Mohawk in negotiating, drafting and obtaining the necessary FERC and state regulatory approvals related to buyouts and/or restructurings of certain long-term power purchase agreements in a transaction totaling $4.5 billion.
   
• Representation of several utilities in litigation involving PURPA QFs (including one case that resulted in New York’s highest court creating a new law recognizing the right to demand adequate assurances of performance for non-UCC contracts).
   
• Representation of the minority owners of a nuclear generator in litigation against the majority owner arising out of an NRC-required shutdown of the plant.
   
• Representation of a utility in several arbitrations involving the responsibility for congestion and other costs under power purchase buyback agreements with the purchasers of divested generating assets.
   
• Challenge in the United States Court of Appeals and in the United States Supreme Court of FERC’s decision that the Federal Power Act gives states and municipally owned applicants a “preference” right to take over hydro-electric projects from private owners at the time projects are relicensed.
   
• Successful litigation before the New York Court of Appeals concerning the scope of state authority to condition FERC hydro-electric licenses and the defense of that result in the United States Supreme Court.

Selected Oil and Natural Gas Industries Representations

• Representation of a natural gas marketing company and various affiliates in an FERC enforcement investigation of market manipulation allegations.
   
• Provide counsel and representation to various local gas distribution companies on compliance with FERC requirements, including capacity release and shipper-must-have-title requirements, and representation in self-reporting noncompliant transactions to FERC.
   
• Provide counsel and representation to Hinshaw companies in FERC proceedings concerning the rates and terms of service for interstate storage and transportation services.
   
• Provide counsel and representation to an oil pipeline company affiliated with a major oil company in matters concerning FERC regulation, MMS requirements and state regulation.
   
• Representation of interstate natural gas pipelines in FERC proceedings, including rulemaking proceedings and NGA certificate applications.
   
• Representation of an interstate pipeline trade association in an appeal of a FERC accounting rulemaking concerning pipeline safety costs and as an amicus in a state Supreme Court appeal of a tax ruling.

Alston & Bird's approach to diversity has been one of commitment and action to establishing diversity as a basic element of the firm's culture. The pursuit of diversity is important to the firm -- not because it has become a criterion for those who hire law firms -- but rather because the firm fully embraces the value each individual brings to the firm. A diverse culture and a willingness to recognize and appreciate that diversity strengthen the firm every day. We are proud of the activities we support and the results we have achieved.

Initiatives  

• Alston & Bird has designated a senior partner with responsibility for supporting and enhancing diversity -- not just monitoring it. John Latham ([email protected] 404.881.7915) reports directly to the firm's managing partner and chairs a diversity committee comprised of attorneys and staff from all offices. The committee is responsible for implementing the firm's policy for diversity enhancement in all hiring decisions and for overseeing a work environment that embraces diversity.
• Each of our practice group leaders is held accountable by the firm's management for the diversity efforts of her or his practice group. The success or failure of these efforts directly impacts the evaluation and compensation of our practice group leaders.
• We work with Roosevelt Thomas Consulting & Training, experts in the diversity and diversity management field, to develop education programs for our attorneys and staff.
• We offer domestic partnership insurance benefits and have a longstanding policy against discrimination on the basis of sexual orientation.
• Alston & Bird is a founding member and active in the Atlanta Large Firm Diversity Alliance and the Atlanta Legal Diversity Consortium.
• We proudly sponsor the Hispanic and Asian Bar Associations.

Awards and Commendations  

• Our workplace environment has been praised as one of the most open and receptive in the United States, not only among law firms, but also among all businesses. For the 14th consecutive year, Alston & Bird has been named to the list of FORTUNE magazine's "100 Best Companies to Work For,"® including placement in the top 25 for seven consecutive years, four of which were in the top 10. 
• In 2013, Vault Inc. ranked Alston & Bird ninth in the United States in diversity issues with respect to minorities.
• Alston & Bird has received a top rating of 100 percent from the Human Rights Campaign’s (HRC) 2012 Corporate Equality Index.  This is the eighth year in a row that Alston & Bird has received HRC’s perfect rating.
• Ben Johnson, the firm's former managing partner, received the Metro Atlanta YMCA Joseph C. Bransby Leadership Award, the highest award presented for outstanding volunteer service and recognition of exceptional leadership. Ben is also the recipient of the American Jewish Committee's Institute of Human Relations Award in recognition of his community activism and leadership in the battle against all forms of bigotry and discrimination and for his lifelong effort to promote human rights.
• The Stonewall Bar Association of Georgia has honored Alston & Bird with its "Outstanding Service to the G&L Community" award.