Infrastructure Development, Natural Resources, 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 linear projects, 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.
- Prosecution of two individual Presidential Permits for new transmission infrastructure between the United States and Canada.
- Counsel regarding DOE Export Authorizations to export power from Texas into Mexico.
- Counsel regarding International Boundary Commission approvals.
- 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 and Energy Storage Matters
- Counsel to ITC Holdings Corp. regarding the development of the 2000 MW Big Chino Valley Pumped Storage Project.
- Counsel to Exelon Generation regarding the relicensing of the 828 MW Muddy Run Pumped Storage Hydroelectric Project.
- Counsel to Exelon Generation regarding the relicensing of the 573 MW Conowingo Hydroelectric Project.
- Counsel for the New York Power Authority’s relicensing of the 2400 MW Niagara Power Project facility.
- Due diligence regarding the potential acquisition of hydroelectric facilities located in PJM.
- Counsel regarding compliance with licensing terms and conditions and applicable FERC regulations issued pursuant to Part I of the Federal Power Act.
- Counsel regarding state and federal policies addressing the integration of energy storage facilities.
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.
- Internal investigation regarding the potential market rule violations.
- 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.