Jay T. Ryan

Section Chair - Energy Regulatory (Firmwide) Partner

jay.ryan@bakerbotts.com

Washington

P: +1.202.639.7789 F: +1.202.585.1015
Jay Ryan Photo

Jay Ryan is the Chair of Baker Botts' Energy Regulatory practice. Jay also serves on the Board of the Northeast Chapter of the Energy Bar Association, is Vice-Chair of the National Hydropower Association's Regulatory Affairs Committee, and was named by the National Law Journal as a 2017 Energy and Environmental Trailblazer.

Mr. Ryan counsels electric utilities, private equity funds, project developers, hydroelectric owners and operators, and renewable resources, on transactional, regulatory and litigation matters. These matters include the operation of wholesale power markets and regional transmission organizations; transmission and generation development; hydroelectric licensing, relicensing, and compliance; cross-border transactions; audits, investigations and enforcement actions; asset acquisitions, due diligence and divestitures; and compliance issues arising under federal and state energy and environmental laws. Mr. Ryan has significant experience representing clients before the Federal Energy Regulatory Commission, the U.S. Department of Energy, the U.S. Army Corps of Engineers, the U.S. Department of the Interior, the National Marine Fisheries Service and state water quality agencies.

Related Experience

TRANSMISSION MATTERS

  • Counsel to Transmission Developers, Inc. (a Blackstone Portfolio Company) regarding FERC regulation over, and the permitting and commercialization of, the $2.2 billion 1000 MW HVDC Champlain Hudson Power Express transmission line between Quebec, Canada and NYISO.
  • Counsel to ITC Holdings Corp. regarding FERC negotiated rate authority and capacity allocation issues associated with the Lake Erie Connector Project, a 1000 MW bi-directional HVDC transmission line between PJM and Ontario, Canada.
  • Counsel to Champlain Vermont, LLC (a Blackstone Portfolio Company) regarding FERC regulation over, and the permitting and commercialization of, the $1.2 billion 1000 MW HVDC New England Clean Power Link transmission line between Quebec, Canada and ISO-NE.

HYDROELECTRIC MATTERS 

  • Counsel to Exelon Generation regarding the relicensing of the 800 MW Muddy Run Pumped Storage Hydroelectric facility.
  • Counsel to Exelon Generation regarding the relicensing of the 572 MW Conowingo Hydroelectric Project facility. 
  • Counsel for the New York Power Authority’s relicensing of the 2400 MW Niagara Power Project facility.
  • Due diligence regarding the potential acquisition of First Energy hydroelectric facilities.
  • Counsel regarding compliance with licensing terms and conditions and applicable FERC regulations issued pursuant to Part I of the Federal Power Act.

MARKET AND ENFORCEMENT MATTERS

  • Counsel to a NYISO market participant in a FERC complaint regarding the application of capacity market buyer-side mitigation tariff rules.
  • Counsel to an ISO-NE market participant regarding a year-long FERC enforcement investigation, including the negotiation of a settlement to resolve disgorgement and penalty liabilities.
  • Counsel to transmission projects seeking FERC authority to sell transmission service at negotiated rates.
  • Representation of merchant generation facilities regarding the development and implementation of ISO-NE market rules.

PROJECT DEVELOPMENT, NATURAL RESOURCE, AND PERMITTING MATTERS

  • Prosecution of Clean Water Act Section 401 water quality certificate applications for energy projects located in Pennsylvania, New York, and Maryland. 
  • Counsel regarding National Environmental Policy Act reviews associated with transmission lines, hydroelectric facilities, and LNG export facilities. 
  • Counsel regarding objections and administrative appeal of U.S. Army Corps of Engineers permits issued pursuant to Section 404 of the Clean Water Act and Section 10 of the Rivers and Harbors Act.
  • Counsel regarding consultation with the U.S. Fish and Wildlife Service and NOAA Fisheries pursuant to Section 7 of the Endangered Species Act. 
  • Counsel regarding the application of the National Historic Preservation Act to project development and licensing matters.

CROSS-BORDER ISSUES 

  • Prosecution of two individual Presidential Permits for new transmission infrastructure between the United States and Canada. 
  • Counsel regarding DOE Export Authorization for a generation facility seeking to export power from Texas into Mexico. 
  • Counsel regarding International Boundary Commission approvals.

Awards & Community

Recognized by the National Law Journal as a 2017 Energy and Environmental Trailblazer

News

Publications, Speeches & Presentations