Concentration

Regulatory proceedings; energy projects; and corporate transactions; civil litigation and investigations focusing on the regulated energy industry

Summary

Jim Barkley’s practice focuses on the representation of energy industry clients in regulatory proceedings, projects, corporate transactions and civil litigation.

Mr. Barkley has represented a variety of electric market participants on matters before the Texas Public Utility Commission (PUCT): a traditional transmission and distribution utility, new entrant transmission-only service providers, wind generation developers, power generation companies, retail electric providers and retail electric consumers. He has handled contested rate cases and licensing proceedings, rulemakings and complaint investigations and has litigated cases heard by the State Office of Administrative Hearings as well as by the PUCT Commissioners themselves. He has represented clients in investigations, challenges to rules, and market structuring proceedings at the Electric Reliability Council of Texas (ERCOT), Texas Reliability Entity (TRE), PUCT and Federal Energy Regulatory Commission (FERC). Mr. Barkley has been lead outside counsel for a transmission and distribution utility on matters before the PUCT related to one of the nation’s first deployments of an advanced metering system and smart grid. He has also represented oil and gas clients with matters before the Texas Railroad Commission.

Mr. Barkley has represented one of the world’s largest wind generation companies in litigation over a proposed project near the Texas Gulf Coast. Mr. Barkley led a team of Baker Botts attorneys who have successfully defended the project against attacks at the Texas Public Utility Commission, the Texas General Land Office, the Texas Coastal Coordination Council, Texas state courts, federal district court, and the National Oceanic and Atmospheric Administration (NOAA). In the most serious of these challenges, an injunction suit in federal district court, Mr. Barkley and the Baker Botts team obtained dismissal of the case.

Mr. Barkley has assisted oil and gas producers with a variety of projects, including gas storage projects, pipeline construction projects and projects to finance seismic exploration activities in return for a first call on resulting production. Mr. Barkley has provided regulatory counsel for numerous corporate transactions involving the transfer or construction of oil and liquids pipeline assets as well as electric generating facilities. He represented a major brewery client in the successful negotiation of a contract for the purchase of landfill methane gas to provide approximately half of the client’s natural gas requirements.

Mr. Barkley has been an active participant in civil litigation over take-or-pay natural gas contracts, Outer Continental Shelf seismic surveying agreements and the management and operation of a jointly owned nuclear plant. He has assisted with the defense of class action litigation in several states concerning the calculation of oil and gas royalties and with the representation of a client in a successful response to a civil investigative demand from the U.S. Department of Justice.

Before joining Baker Botts, Mr. Barkley was a consultant in Washington, D.C., advising several major non-U.S. utilities on U.S. energy and environmental legislation. From 1985 to 1990, he held several positions, including research associate, in the Arms Control and Crisis Management Program at the Washington-based Center for Strategic and International Studies.

Publications, Speeches and Presentations

Publications

• “Texas Legislature Addresses Eminent Domain and Electric Deregulation,” Texas Journal of Oil, Gas, & Energy Law, Volume 7, Number 1 (2012) (Andrew West, coauthor).
• “Protection for T&D Utilities,” Developments in the Substantive Law, Energy Law: The Year in Review 2002, Special Report of Texas Lawyer, December 23, 2002
• “Anticipated Deregulation of U.S. Retail Electric Industry Sparks a New Generation of Legal Issues,” Euromoney’s Guide to The World’s Leading Energy and Natural Resource Lawyers, December 1998 (George F. Goolsby, co-author)

Speeches and Presentations

• Panelist, “2011 Legislative Session - Significant Issues and Accomplishments,” Platts Texas Power Markets Forum, Houston, Texas, July 2011.
• Moderator, “Macroview of CREZ Transmission Impact - Timeline Moving Forward,” Platts Texas Power Market Forum, Houston, Texas, July 2011.
• Moderator, “Legal Issues: Lessons Learned & Case Studies,” WINDPOWER Conference & Exhibition, May 2010
• Panelist, “Obstacles to Building New Lines,” Invitation Only Forum Coordinated by the University of Texas Center for Energy Economics and the Terra Group on “New Challenges in Siting Transmission Lines,” Washington, D.C., January 2010
• “Introduction to Advanced Metering Systems (AMS),” Texas Utility Lawyers 2009 Annual Conference, Kerrville, Texas, October 2009
• Panelist, “Independent Transmission for Renewables - East, West, and ERCOT,” Platts 2009 Transmission Planning and Development Forum, Arlington, Virginia, September 2009
• Panelist, “Wind Power Basics: Structuring a Wind Power Project,” Thomson Reuters Webinar, July 28, 2009
• “Renewable Energy Projects: Siting and Permitting Challenges,” Strafford Legal Teleconference, July 23, 2009 (Tom Jackson, co-presenter)
• “Getting Down to the Wire: The Challenge of Transmission,” American Wind Energy Association, Windpower 2008 Conference and Exhibition, Houston, June 2008
• Panelist, “Regulatory Issues Facing New Energy Sources,” Emerging Energy Technologies, 2nd Annual Texas Journal of Oil, Gas, and Energy Law Symposium, Austin, February 2007
• “Delegations to the State Office of Administrative Hearings: Hearings, Final Decisions, and Overturning an Administrative Law Judge Recommendation,” Administrative Law Conference, The University of Texas, Austin, July 2005 (Paul Pfeffer, co-author)
• “The Regulatory Agencies’ Roles in Shaping State Policy,” Texas State Government Relations Workshop, Public Affairs Council, Austin, February 2005
• “The Federal ‘PURPA Put’ Meets Texas Deregulation,” 2002 Texas Utility Lawyers Conference, October 2002