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Jay T. Ryan
Partner | Practice Group Chair - Energy Regulatory (Firmwide)

Overview

"Jay has a nuanced understanding of the market and is very commercially minded."

Chambers USA 2025

Jay Ryan counsels electric utilities, private equity investors, infrastructure developers, transmission owners, hydroelectric licensees and permittees, and generation companies on regulatory, litigation, and transactional matters. These matters include interconnection, transmission rate and tariff issues; infrastructure permitting; regulation of regional power markets; hydroelectric licensing and compliance; cross-border transactions; audits, investigations and enforcement actions; asset acquisitions, due diligence and divestitures; administrative litigation; and other related issues arising under federal and state energy and environmental laws. Mr. Ryan represents 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 regulatory agencies. In 2017, the National Law Journal selected Jay as an "Energy and Environmental Trailblazer."

Jay's past leadership positions include serving as Co-Chair of Baker Botts' nationally recognized Energy Regulatory Practice; a board member of the Northeast Chapter of the Energy Bar Association; Chair of the National Hydropower Association's Regulatory Affairs Committee; and a board member of Girls on the Run - D.C., a non-profit organization.

Admissions & Affiliations

  • District of Columbia Bar
  • Supreme Court of the United States
  • United States Courts of Appeals for the First, Third, Fourth, Eighth and District of Columbia Circuits
  • Energy Bar Association

Education

  • M.A., Georgetown University 2005
  • LL.M., George Washington University 1999
  • LL.M., American University 1993
  • J.D., DePaul University College of Law 1991
  • B.A., University of Rochester 1988

Experience

Interconnection & Transmission Matters

  • Counsel to a MISO electric utility in a dispute regarding rights under a grandfathered transmission agreement.
  • Counsel to an SPP electric utility seeking FERC authorization to amend its cost allocation policy.
  • Represent a MISO utility in a complaint proceeding involving the implementation of MISO’s competitive transmission solicitations and state ROFR laws.
  • Represent an electric utility in a rehearing and appeal of a FERC order regarding the implementation of a MISO-SPP joint agreement.
  • Counsel to a Canadian utility regarding proposed revisions to the ISO-NE OATT governing certain grandfathered transmission service agreements.
  • Counsel to Midwest, Mid-Atlantic, and southeast utilities regarding transmission-related and FERC policy issues associated with the interconnection of, and service for, large loads/data centers.
  • Counsel to a merchant transmission owner regarding the development of a NYISO Tariff Schedule governing transmission service on an HVDC transmission line.
  • Counsel to a PJM electric utility seeking the CWIP transmission incentive for certain 2024 RTEP Open Window projects.
  • Counsel to a MISO electric utility seeking the abandoned plant incentive for certain MISO LRTP Tranche 2.1 projects.
  • Counsel to a MISO electric utility seeking the CWIP and abandoned plant incentive for certain MISO LRTP Tranche 2.1 projects.
  • Counsel to several electric utilities regarding the regulatory requirements associated with various financings.
  • Counsel to a merchant transmission developer regarding ISO-NE interconnection and capacity market issues.
  • Represent a southeast utility regarding a generator interconnection dispute.
  • Represent a southeast utility regarding disputed network transmission service issues.
  • Represent a southeast utility as an intervenor in a stated rate case set for hearing to resolve, among others, issues regarding return on equity and capital structure.
  • Represent a southeast utility in the acquisition of a gas-fired generating facility.
  • Represent a PJM electric utility involved in a joint venture with other PJM utilities regarding the development and defense of a formula rate and formula rate protocols.
  • Counsel to an electric utility regarding the interplay between state ROFR issues and the implementation of MISO’s Attachment FF and the application of Variance Analyses.
  • Represent a MISO electric utility in administrative and appellate litigation challenging certain grandfathered transmission agreements.
  • Represent a MISO electric utility in a dispute regarding the ownership of certain interconnection and network upgrade facilities.
  • Advise electric utilities regarding FERC’s evolving policies addressing the methodology to establish return on equity.
  • Represent a merchant transmission developer regarding NYISO interconnection processes and market rules.
  • Counsel to electric utilities regarding implementation of, and challenges to, FERC Order 1920.
  • Represent an electric utility defending against a complaint challenging its capital structure.
  • Represent electric utilities seeking to implement and defend revisions to depreciation rates.
  • Represent a participant in PJM’s 2021 New Jersey Offshore Wind SAA Transmission Solicitation.
  • Represent electric utility regarding FERC policy and rulemakings on transmission incentives.
  • Represent an electric utility seeking cost recovery of operation and maintenance expenses associated with Transmission Owner Interconnection Facilities pursuant to Schedule 50 of the MISO Tariff.
  • Represent an electric utility in a dispute regarding FERC's 7-factor test addressing transmission and distribution assets.
  • Secure FERC negotiated rate authority for merchant transmission projects in NYISO, ISO-NE, and PJM.
  • Counsel regarding DOE Export Authorizations to export power from Texas into Mexico.
  • Counsel to a NYISO market participant in a FERC complaint regarding the application of capacity market buyer-side mitigation tariff rules.

Infrastructure Development, Hydroelectric, Natural Resources, & Permitting 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.
  • Represent a potential buyer regarding the acquisition of hydroelectric facilities located in PJM.
  • Represent a potential buyer regarding the acquisition of hydroelectric facilities located in ISO-NE.
  • 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.
  • 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.
  • Counsel regarding International Boundary Commission approvals.

Investigation & Enforcement Matters

  • Internal investigation regarding potential market rule violations.
  • Represent an electric utility in an investigation led by FERC's Office of Enforcement Division of Investigations.
  • 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 an electric utility regarding an audit conducted by FERC’s Division of Audits and Accounting addressing various tariff and accounting compliance issues.
  • Counsel to an electric utility regarding a NERC investigation addressing transmission capacity issues.


Awards and Community

Ranked in Chambers USA for Energy: Electricity (Regulation & Litigation) , 2021-2025

Recognized as a "Leading Lawyer" in The Legal 500 U.S., 2019, 2023, 2024 & 2025

Recognized by The National Law Journal as an Energy and Environmental Trailblazer, 2017

Recognized by The Legal 500 U.S. in Energy: Transaction & Regulatory, 2011