Jay T. Ryan

Section Chair - Energy Regulatory (Firmwide) Partner

[email protected]

Washington, D.C.

P: +1.202.639.7789
F: +1.202.585.1015
Jay Ryan Photo

Jay Ryan is the Co-Chair of Baker Botts' Energy Regulatory Practice. Mr. Ryan counsels electric and gas utilities, private equity investors, infrastructure developers, hydroelectric licensees, and renewable energy providers on transactional, regulatory, and litigation matters. These matters include infrastructure permitting; regulation of regional power markets; transmission and generation rate issues; hydroelectric licensing and compliance; cross-border transactions; audits, investigations and enforcement actions; asset acquisitions, due diligence and divestitures; and other 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 water quality agencies. In 2017, the National Law Journal selected Jay as an Energy and Environmental Trailblazer.

Jay's leadership roles include serving as a Board member of the Northeast Chapter of the Energy Bar Association and Chair of the National Hydropower Association's Regulatory Affairs Committee. Jay also serves on the Board of Girls on the Run - D.C., a non-profit organization dedicated to empowering elementary school-age girls in the District of Columbia through education and athletics.

Related Experience

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.

Cross-Border Issues

  • 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.

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 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.

Awards & Community

Recognized in The Legal 500 U.S. in Energy Regulatory: Conventional Power and Energy Regulation: Oil & Gas, 2019

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

News

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Thought Leadership

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FERC Reaffirms Support for Emerging Technologies

Video

On March 18, 2021, FERC reaffirmed its prior decision enabling the participation of emerging technologies in the energy, capacity, and ancillary services markets operated by RTOs and ISOs. These emerging technologies include electric storage, distributed generation, demand response, energy efficiency, thermal storage, and electric vehicles and associated supply equipment.

Trends in Relicensing

Speeches & Presentations

Panelist, National Hydropower Association's Northeast Regional Meeting

Events

Recent

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