Daniel E. Frank

Daniel E. Frank: Attorney with Eversheds Sutherland (US) LLP
Attorney Awards

Biography

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 also advises clients on cybersecurity and data protection matters. His 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. Dan also assists clients in preparing for and responding to data breaches and other cyber incidents.

Client Tools

•Cybersecurity and Privacy Insights Blog
•CoopLawBlog
•California Consumer Privacy Act

Clerkships

Honorable Danny J. Boggs, U.S. Court of Appeals - Sixth Circuit.

Awards and Rankings

Recognized by The Legal 500 United States in the area of energy: regulatory (2015-2016); energy regulatory: conventional power (2017) and energy regulatory: oil & gas (2017)

Recognized by Chambers Global: World’s Leading Lawyers in the area of electricity regulation and litigation (2015-2019)

Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of electricity regulation and litigation (2011-2018)

News

In the News

Eversheds Sutherland Represents Tokyo Gas America in First Investment in US New-Build Power Generation Facility (April 23, 2017)
Houston CityBizList
Eversheds Sutherland (US) is featured in this Houston CityBizList article for its representation of Tokyo Gas America Ltd. in its acquisition of a 33.33% stake in the 488-MW Birdsboro combined cycle ...

ConEdison Development Buys Texas Solar Project for $227M (January 22, 2016)
Texas Lawyer
In an article published by Texas Lawyer, Sutherland was mentioned for representing Consolidated Edison Development Inc. in connection with its acquisition of a Texas solar project for $227 million ...

Sutherland Represents ConEd on $227M Purchase of Texas Solar Plant (January 20, 2016)
The Deal
Sutherland is mentioned in this article published by The Deal, which describes the firm’s representation of Consolidated Edison Development Inc. in its purchase of a $227 million solar plant, Alamo ...

Staying On Track With Reliability Compliance (March 26, 2012)
The Federal Energy Regulatory Commission (FERC) approved the North American Electric Reliability Corporation's (NERC) new Find, Fix, Track and Report (FFT) procedures under which NERC may process ...

Press Releases

Five Eversheds Sutherland US Attorneys, Two US Practices Recognized in 2019 Edition of Chambers Global (February 14, 2019)
Eversheds Sutherland is pleased to announce that five attorneys and two practices earned recognition in the 2019 edition of Chambers Global: World’s Leading Lawyers for Business. Chambers Global is ...

19 Eversheds Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2018 Chambers USA (May 3, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practices and 59 attorneys have earned recognition in the 2018 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers ...

Four Eversheds Sutherland US Attorneys, Three US Practice Areas Recognized in 2018 Edition of Chambers Global (February 15, 2018)
Eversheds Sutherland (US) LLP is pleased to announce that four attorneys and three practices earned recognition in the 2018 edition of Chambers Global: World’s Leading Lawyers for Business. Chambers ...

Eversheds Sutherland Represents Shell in Acquiring Minority Interest of US Solar Developer (January 18, 2018)
Eversheds Sutherland (US) LLP is pleased to announce it has represented Shell in the acquisition of a minority interest in Silicon Ranch Corporation, a leading US owner, developer and operator of ...

19 Eversheds Sutherland (US) Practice Areas, 58 Attorneys Named Among Nation’s Best in 2017 Legal 500 United States (May 31, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that 19 practice areas and 58 attorneys have been ranked in the 2017 edition of The Legal 500 United States. Legal 500 is a comprehensive survey ...

20 Eversheds Sutherland (US) LLP Practice Areas, 56 Attorneys Named Among Nation’s Best in 2017 Chambers USA (May 26, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that 20 practices and 56 attorneys at the firm earned recognition in the 2017 edition of Chambers USA: America’s Leading Lawyers for Business. ...

Eversheds Sutherland Represents Tokyo Gas America in First Investment in US New-Build Power Generation Facility (April 21, 2017)
HOUSTON-Eversheds Sutherland (US) LLP is pleased to announce that the firm represented Tokyo Gas America Ltd. in its acquisition of a 33.33% stake in the 488-MW Birdsboro combined cycle power plant, ...

Four Eversheds Sutherland (US) Attorneys, Three Practice Areas Recognized in 2017 Edition of Chambers Global (March 16, 2017)
Eversheds Sutherland (US) LLP is pleased to announce that four attorneys and three practices earned recognition in the 2017 edition of Chambers Global: World’s Leading Lawyers for Business. Chambers ...

16 Sutherland Practice Areas, 59 Attorneys Named Among Nation’s Best in 2016 Legal 500 United States (June 16, 2016)
ATLANTA and WASHINGTON-Sutherland Asbill & Brennan LLP is pleased to announce that 16 practice areas and 59 attorneys have been ranked in the 2016 edition of The Legal 500 United States. Legal 500 is ...

21 Eversheds Sutherland (US) LLP Practice Areas, 56 Attorneys Named Among Nation’s Best in 2016 Chambers USA (May 27, 2016)
Eversheds Sutherland (US) LLP announces that 21 practices and 56 attorneys at the firm earned recognition in the 2016 edition of Chambers USA: America’s Leading Lawyers for Business. Chambers USA, a ...

Experience

“Our team serves the compliance and enforcement needs of nontraditionally regulated entities, including electric cooperatives, transmission companies, generation owners, and power marketers. We guide our clients through a complex, constantly changing regulatory environment, and provide counsel on transmission, reliability and cybersecurity regulation and compliance.”

Experience

Represented Midwest electric cooperative in NERC audit.
Represented two major oil and gas companies in self-reports to FERC on EQR compliance requirements.
Represented Mid-Atlantic energy company in two FERC enforcement matters.
Represented electric coop in FERC investigation during California power crisis.
Advised Texas-based transmission and distribution utility on allocation of compliance obligations and in NERC audits.
Advised generation and transmission cooperative on reliability compliance.
Advised an electric cooperative in international power lines negotiations.
Advised public utility district in alleged NERC violations.
Advised electric cooperative on reliability violation mitigation plans.
Counseled Midwest cooperative in GFA proceedings.
Represented public utility district in rate cases.
Advised firms on qualifying facility (QF) and other PURPA matters.
Advised client on wind project transmission and regulatory issues.

Publications

“The future of cyber security is uncertain, both in terms of the types of threats and attacks that can compromise the physical power grid and the legislative and regulatory response intended to protect against such attacks. But even in the absence of more definitive legislation and regulations, there are steps that can be taken today to address cyber threats and attacks.”

Legal Alerts

Legal Alert: FERC to examine electric, gas and oil return on equity policies (March 26, 2019)
On March 21, the Federal Energy Regulatory Commission (“Commission” or FERC) issued a notice of inquiry (NOI) seeking industry comments regarding the modification and application of its current rate ...

Legal Alert: FERC directs NERC to adopt revised cyber security incident reporting requirements (July 25, 2018)
The Federal Energy Regulatory Commission (FERC) has directed the North American Electric Reliability Corporation (NERC) to revise its Reliability Standards to develop enhanced Cyber Security Incident ...

Legal Alert: NERC and power company reach settlement on violations of cybersecurity standards (March 22, 2018)
With increased awareness of the urgent threat that cybersecurity failures pose to critical infrastructure, regulators have been stepping up their enforcement efforts, particularly against those ...

Legal Alert: NIST Releases Second Draft of Revised Cybersecurity Framework (December 22, 2017)
Revising its guidance on internal assessments and highlighting the importance of managing cybersecurity within supply chains, the National Institute of Standards and Technology (NIST) released the ...

Legal Alert: Plan of Defense: White House Issues Executive Order on Cybersecurity (May 17, 2017)
On May 11, 2017, President Trump signed an Executive Order (EO) on “Strengthening the Cybersecurity of Federal Networks and Critical Infrastructure.” The EO provides a blueprint for how the ...

Legal Alert: EU-US Privacy Shield - Full Text Released (March 7, 2016)
On February 29, 2016, the European Commission released the text of the EU-US Privacy Shield. The text reveals the details of a new framework that will place stronger obligations on US companies to ...

Legal Alert: CFTC Intermediaries to Adopt and Implement Cybersecurity Programs by March 1, 2016 (February 29, 2016)
Commencing March 1, 2016, all commodity pool operators, commodity trading advisors, futures commission merchants, retail foreign exchange dealers, introducing brokers, major swap participants and ...

Legal Alert: FERC Proposes Expansive Connected Entity Reporting Requirement (October 16, 2015)
The Federal Energy Regulatory Commission (FERC) has proposed requiring the operators of centralized wholesale power markets to collect and provide to FERC a broad range of market participant data, ...

Legal Alert: Eighth Circuit Upholds FERC Rule on Co-op Avoided Cost Rates (October 8, 2015)
The U.S. Court of Appeals for the Eighth Circuit has upheld the long-standing determination by the Federal Energy Regulatory Commission (FERC) that the avoided cost rate paid by a distribution ...

Legal Alert: FERC Confirms Distribution Cooperatives Must Purchase QF Output (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 ...

Articles

Cybersecurity and Data Privacy review and update: Looking back on 2018 and planning ahead for 2019 (March 1, 2019)
From the implementation of the GDPR to the passage of the CCPA, the year 2018 proved to be a monumental one for cybersecurity and data privacy. Regulators from around the world responded to ...

Five Tips for Utilities to Combat Cybersecurity Threats (October 30, 2018)
T&D World
Earlier this month, the United States indicted seven intelligence officers from the Russian Main Intelligence Directorate of the General Staff (GRU) on charges of hacking computers associated with ...

Energy Bar Association’s Energy Law Series: QF Purchase Obligation (May 2018)
Public Utilities Fortnightly
In hearing from lawyers, engineers, marketers, and others in the electric utility industry, there seems to be some confusion about the differences between a partial waiver of a utility’s obligation ...

Cybersecurity Information Sharing: Guidance for Companies (Spring 2016)
Partnering Perspectives
The Cybersecurity Information Sharing Act of 2015 establishes a voluntary system for the sharing of cyber threat information and defensive measures, which may be beneficial to private companies ...

Information Sharing Under CISA: How DHS Guidance Helps (February 24, 2016)
Law360
Private companies that seek to share cybersecurity threat information under the auspices of the Cybersecurity Information Sharing Act of 2015 (CISA) can now look to guidance published by the ...

Information Sharing Under CISA: What it Means for Companies (February 23, 2016)
Law360
Many private companies laud the information sharing system adopted by the Cybersecurity Information Sharing Act of 2015 (CISA). They especially like the incentives intended to encourage the sharing ...

Costs of FERC Market Surveillance Rule Could Be Shocking (November 2, 2015)
Law360
Under new rules proposed by the Federal Energy Regulatory Commission (FERC), the operators of centralized wholesale power markets would be required to collect and provide to FERC a broad range of ...

New DOE Cybersecurity Rules Point to Possible Rules to Come (January 8, 2015)
The Energy Daily
As advanced metering infrastructure and various smart grid technologies become increasingly prevalent, so, too, does the potential for cyber attacks on consumers, utilities and third-party vendors. ...

A Roadmap: How In-House Counsel Can Prepare For and Mitigate the Risk of a Cyber Attack (April 14, 2014)
Association of Corporate Counsel
The threat of cyber attack is real and growing. Whether by an organized terrorist group attempting to inflict physical damage, a sophisticated government effort to steal sensitive information, or a ...

Cybersecurity: How to Prepare for and Respond to Cyber Attacks (March 2014)
ACC Docket
In the March 2014 issue of ACC Docket, Sutherland partner Daniel E. Frank co-authored, “Cybersecurity: How to Prepare for and Respond to Cyber Attacks,” with Soufan Group’s Chief Operating Officer, ...

Newsletters

Partnering Perspectives: Insights from Inside and Outside the Corporate Law Department (Spring 2016)
Partnering Perspectives
Sutherland is pleased to present the latest edition of Partnering Perspectives, which provides insight into a number of legal developments and preventive measures that may benefit legal practices and ...

New Enforcement Power for FERC (July 2007)
Counsel to Counsel

Presentations

“Finding the right balance between achieving compliance and investing limited resources has never been more difficult, but hopefully doing so now will pay dividends with a more secure electric grid.”

Presentations

EBA Primer Series - An Introduction to the Federal Regulation of the Natural Gas Industry (November 28-29, 2018)
Eversheds Sutherland (US) Partner Daniel Frank moderates this primer that provides an overview of the federal regulation of the natural gas industry by the Federal Energy Regulatory Commission. ...

Webcast: Cybersecurity considerations for electric cooperatives (September 25, 2018)
Presented on September 25, 2018, this webcast provided an overview of the rapidly evolving threat landscape and highlights some important measures that electric cooperatives should-and should not-be ...

An Electric Cooperative Bar Association (ECBA) Webcast: An intro to GDPR-How the EU’s General Data Protection Regulation may impact electric cooperatives, presented by Eversheds Sutherland (US) LLP (June 13, 2018)
GDPR - the European Union’s new General Data Protection Regulation - is on everyone’s mind. Lawyers and others in the co-op community are no exception. But what does it mean? How will it affect ...

EBA Primer Series - Electric Industry Technology for Lawyers (February 15-16, 2018)
Eversheds Sutherland (US) Partner Daniel Frank moderates this primer that provides an introduction to the basic technology that comprises the electric grid. The course begins with an introductory ...

EBA Primer Series - Electric Reliability (January 19-20, 2018)

Ten Things You Should Do Now to Plan for a Cyber Incident (And Three That You Shouldn't) (May 3, 2016)
Sutherland attorneys Daniel Frank and Mark Thibodeaux present Ten Things You Should Do Now to Plan for a Cyber Incident (And Three That You Shouldn't) on May 3, 2016, in Houston, Texas.

EBA Primer Series - An Introduction to Electricity and Electric Rate Regulation (April 4-5, 2016)

Podcast: Quick Call: Interim Policies Under the Cybersecurity Information Sharing Act of 2015 (February 23, 2016)
Join Sutherland attorneys Mark Thibodeaux, Dan Frank and Allison Speaker for a Quick Call as they provide an analysis of the interim policies under CISA and what they mean for private entities. ...

Interactive Discussion: Managing a Cyberattack on SCADA Systems (January 26, 2016)
Sutherland attorneys Daniel Frank and Mark Thibodeaux present Interactive Discussion: Managing a Cyberattack on SCADA Systems on January 26, 2016 in Houston, Texas.

Webcast: Information Sharing Under the Cybersecurity Act of 2015 (January 21, 2016)
After years of failed attempts, information-sharing cybersecurity legislation was enacted in the final days of 2015. But what precisely do the information-sharing provisions of the Cybersecurity Act ...

Multimedia

An Electric Cooperative Bar Association (ECBA) Webcast: An intro to GDPR-How the EU’s General Data Protection Regulation may impact electric cooperatives, presented by Eversheds Sutherland (US) LLP (June 13, 2018)
GDPR - the European Union’s new General Data Protection Regulation - is on everyone’s mind. Lawyers and others in the co-op community are no exception. But what does it mean? How will it affect ...

Podcast: Quick Call: Interim Policies Under the Cybersecurity Information Sharing Act of 2015 (February 23, 2016)
Join Sutherland attorneys Mark Thibodeaux, Dan Frank and Allison Speaker for a Quick Call as they provide an analysis of the interim policies under CISA and what they mean for private entities. ...

Webcast: Information Sharing Under the Cybersecurity Act of 2015 (January 21, 2016)
After years of failed attempts, information-sharing cybersecurity legislation was enacted in the final days of 2015. But what precisely do the information-sharing provisions of the Cybersecurity Act ...

Webcast: BDCs and Cybersecurity Preparedness (March 26, 2015)
Business development companies (BDCs), like other financial institutions, are increasingly at risk for privacy and cyber threats. However, the federal and state compliance rules and regulations ...

Webcast: 2012 Webinar Series: Electric Cooperative Issues - Natural Gas Transactions (October 9, 2012)
With natural gas prices at historic lows and unconventional domestic supplies on the rise, natural gas usage is increasing for power generation. David Wochner will highlight optimal transportation ...

Areas of Practice (7)

  • Energy & Infrastructure
  • Electric Cooperatives
  • Regulatory & Compliance
  • Trading & Transactions
  • Cybersecurity & Privacy
  • Commodities Enforcement & Investigations
  • Electric and Gas Utilities

Education & Credentials

Contact Information:
202.383.0838  Phone
www.eversheds-sutherland.com
University Attended:
University of Washington, B.A., magna cum laude, Phi Beta Kappa
Law School Attended:
University of Chicago Law School, J.D., Senior Comment Editor, The University of Chicago Legal Forum, Senior Editor, Harvard Journal of Law & Public Policy
Year of First Admission:
1994
Admission:
1995, District of Columbia; 1994, Virginia
Memberships:

Professional Activities

Energy Bar Association, Board of Directors (2012-2015), Primer Coordinator (2015-2019)
Member, Electricity Regulation and System Reliability & Planning Committees, Energy Bar Association
Member, Electricity Committee, Infrastructure and Regulated Industries Section, American Bar Association
Charter Member, Electric Cooperative Bar Association
Observer, Cyber Attack Task Force, North American Electric Reliability Corporation (2011-2012)
Secretary (2011-2019), Trustee (1995-2011), The Churchill Fund
Member, The Federalist Society

Special Agencies:
Federal Energy Regulatory Commission.
Birth Information:
Seattle, Washington, 1967
ISLN:
900117051

Peer Reviews

  • 3.4/5.0 (1 review)
  • Peer Reviewed
  • Legal Knowledge

    4.0/5.0
  • Analytical Capability

    3.0/5.0
  • Judgment

    3.0/5.0
  • Communication

    3.0/5.0
  • Legal Experience

    4.0/5.0

*Peer Reviews provided before April 15, 2008 are not displayed.

Documents (37)

Documents by this lawyer on Martindale.com

Washington, District of Columbia

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