Our energy regulatory lawyers have the expertise and in-depth understanding of the federal and state regulatory frameworks to address the many issues that confront regulated utilities, entities acquiring or selling energy generation facilities, and other parties subject to federal or state energy regulation, including ratemaking, purchase and sale and financing transactions, wholesale market participation and rules, compliance and investigations. At Pierce Atwood, our clients benefit from knowing that within a single law firm they have access to a team of accomplished energy lawyers to help them obtain the requisite federal and state regulatory approvals, navigate and comply with applicable federal and state regulations, and assess the impacts and risks of federal and state regulatory and policy developments.

Pierce Atwood offers a deep bench of attorneys who have served in senior policy positions at state and federal regulatory agencies. Our energy attorneys regularly practice before federal agencies, including the Federal Energy Regulatory Commission (FERC), U.S. Department of Energy (DOE), U.S. Environmental Protection Agency, Commodity Futures Trading Commission (CFTC), Securities and Exchange Commission and U.S. Patent & Trademark Office. We also have extensive experience before numerous state regulatory agencies, including California, Connecticut, District of Columbia, Georgia, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, Illinois, Pennsylvania, Rhode Island, Texas, Vermont, Virginia and Wisconsin. Several of our energy attorneys have previously served as staff to state and federal energy regulatory agencies and have a unique insight into how regulators approach various issues.

Ratemaking

Pierce Atwood’s energy attorneys have significant experience representing utilities and other interested parties in ratemaking proceedings before state and federal regulators. This experience includes all aspects of traditional cost of service ratemaking and rate design as well as performance-based or alternative ratemaking mechanisms, including rate adjustment indices, capital trackers, earning sharing, and service quality incentives and penalties. Our attorneys are knowledgeable and experienced in litigating rate proceedings through discovery and contested hearings or negotiating compromise solutions through the settlement process that benefit our clients.

Utility Mergers & Regulated Transactions

Pierce Atwood’s energy attorneys have significant experience representing utilities and other parties in obtaining necessary regulatory approvals for energy transactions, including federal and state approvals for utility mergers and purchase and sale transactions, affiliated transactions, and state-led energy procurements. Our attorneys have successfully negotiated fuel supply, transportation, and interconnection agreements for natural gas, biomass, LNG, and other fuels; interconnection agreements with electric transmission utilities; and power purchase agreements and other off-take contracts for the output of renewable and conventional fuel generation plants, and have obtained the necessary regulatory approvals for such agreements. In addition, we have substantial experience in obtaining approvals, exemptions and waivers under Public Utility Regulatory Policies Act of 1978, as amended (PURPA) and the Federal Power Act; in obtaining certificates under the Natural Gas Act for gas pipeline and storage facilities; in guiding developers of crude oil pipelines through the open season, declaratory order, and tariff processes; and in complying with state and federal gas and power marketing regulations. We pride ourselves in our ability to assist our clients in structuring their transactions to exempt them from or minimize the impacts of FERC and state jurisdiction.

Wholesale Market Rules

Pierce Atwood energy attorneys also have extensive experience working in and with FERC, Independent System Operators (ISOs) and Regional Transmission Organizations (RTOs) on market-based authorizations for wholesale sales of electric energy, capacity, and ancillary services; arrangements and agreements for new power generators to participate in the organized markets; and for the sale and acquisition of facilities. Our attorneys were at the forefront of the development of FERC’s rules and policies regarding (i) natural gas pipeline capacity release and open access transportation, as well as more recent regulations granting exemptions for shippers utilizing asset management arrangements, and in obtaining individual waivers from FERC for specific transportation transactions, and (ii) the participation of energy storage facilities in the organized ISO energy, ancillary services and capacity markets. Pierce Atwood attorneys regularly advise clients regarding market rules governing selling and trading in the PJM, ISO-New England, NYISO, California ISO, MISO and ERCOT regional markets.

Impacting Policies & Regulations

Energy projects typically involve important federal and state regulatory policy issues, contracts with regional electric or natural gas utilities, and dealing with ISOs. Pierce Atwood has a long and distinguished history of representing clients before state and federal energy regulators and helping to shape relevant energy policies.  We regularly partner with our clients to collaborate with similarly situated companies to shape policies and regulations that support the advancement of renewable energy and the development of appropriate market rules.

Pierce Atwood represents energy clients in rulemaking proceedings before local, state, and federal agencies regarding all policy issues which would affect the development of electric power projects, electric transmission projects, and natural gas and oil pipelines and shippers. Our firm also has an experienced Governmental Relations team that assists our clients shape energy policy before State legislatures and federal and state agencies, including FERC and the U.S. Department of Energy. Learn more about our Government Relations Practice.

Regulatory Compliance & Investigations

Given our experience practicing before numerous federal and state energy regulators and understanding of the applicable laws and regulations, our energy attorneys also regularly advise on regulatory compliance matters. We conduct compliance training for electric and natural gas clients and, when necessary, represent clients in administrative investigations, show cause proceedings, management audits and prudency reviews.

Energy projects require a wide variety of legal specialties. Pierce Atwood is one of a handful of law firms that can offer the requisite expertise with the value of a regional law firm rate structure. We regularly represent clients on energy project financings and mergers and acquisitions, including independent and tax structured transactions; drafting and negotiating project or credit documents; resolving regulatory obstacles; or allocating risk among project participants. We leverage our sophisticated practices to solve problems that arise and get projects done efficiently and cost effectively.

Pierce Atwood’s energy infrastructure attorneys work with energy utility companies, renewable energy project developers, lenders, private equity companies, and tax equity investors in developing, financing, and acquiring energy infrastructure projects of all types. Our experience runs the gamut – from negotiating power purchase, engineering, procurement and construction (EPC), site leases, and other commercial agreements; to structuring tax equity and debt financing arrangements; to mergers and acquisitions; and obtaining requisite energy regulatory, siting and permitting approvals.

With the support of our real estate, environmental, tax, and other specialty practices, Pierce Atwood manages and advises our clients on the full array of legal considerations required for a successful energy project. This includes due diligence on all regulatory, environmental, real estate, tax and other issues that affect the risk and credit profiles of energy projects. Our attorneys also assist clients to identify and characterize risk, structure and negotiate deal terms and contractual provisions, set up and manage data rooms, and prepare disclosure schedules.

Please visit our Energy Infrastructure Project Development & Finance page for more information about our experience.

Developing energy projects requires an in-depth understanding of federal and state energy policies and legal and regulatory frameworks underlying every energy project. Pierce Atwood’s Energy team offers the insights of several attorneys who served in senior policy positions at state and federal regulatory agencies, including the former Chair of the Federal Energy Regulatory Commission’s Cogeneration and Independent Power Task Force, the Chief of Staff and General Counsel of the Massachusetts Department of Public Utilities, FERC’s Supervisory Attorney for Gas & Oil Litigation, FERC Commissioner Assistants, state PUC senior attorneys and former board members of solar energy and biofuels companies.

Impacting Policies & Regulations

Supported by our Government Relations team, we partner with our clients to shape policies and regulations that support the advancement of renewable energy. For example, we represent a large national trade association that is active on policy formation surrounding alternative fuels and biofuels laws and regulations. The firm represents the Coalition of Renewable Energy Users and Developers (CORE), a coalition active in shaping renewable energy and storage policies in New York. We served as outside counsel to the U.S. Energy Storage Association from 2006-2021, prior to its merger into the American Clean Power Association (ACP).

Environmental Permitting & Licensing

Successful completion of a project often requires understanding the environmental laws and regulations and the political influences that affect how a project proceeds through the permitting and siting process. In some cases, we work with clients to amend the applicable law or local ordinances so their projects may proceed. We also assist clients with obtaining local, state, and federal permits, and are particularly adept at navigating National Environmental Policy Act (NEPA) requirements, including Environmental Assessments and Environmental Impact Statements. Our experience also includes assisting clients with permitting compliance, license renewals and modifications, and the acquisition, creation, and sale of greenhouse gas allowances/carbon credits. When a project's useful life comes to an end, we also assist with license surrender and decommissioning.

For example, because we have deep expertise, we are frequently called upon as part of financing transactions to issue opinion letters to lenders and investors regarding permitting and environmental regulatory issues for portfolios of generation projects, such as solar and biomass. We have experience helping owners of hydropower projects address fish passage and endangered species issues, achieve desired results in complex stakeholder negotiations as part of FERC licensing, and obtain state water quality certifications. We have also assisted in permitting all aspects of electric transmission and solar and wind generation projects as well as biomass electrical generation, biomass-fired co-generation at industrial facilities, landfill gas-to-energy facilities, and battery storage facilities. Learn more about our Environmental practice.

On electricity-related matters, our attorneys represent transmission and distribution utilities; regulated and non-regulated power generation companies; solar, wind, and battery storage project developers; and large electricity consumers. Our capabilities and experience cover all aspects of structuring and negotiating energy business transactions, including mergers and acquisitions, and representing clients in regulatory proceedings before state public utility commissions, state siting boards, the U.S. Department of Energy Office of Electricity, and the Federal Energy Regulatory Commission. With expertise in all aspects of electricity regulation at the state and federal levels, our regulatory capabilities cover matters such as rate approvals (traditional cost of service and alternative performance-based), merger and sale approvals, regulatory enforcement and compliance, power marketing authorization, transmission siting, environmental and safety requirements, Regional Transmission Organization participation, import/export authorization, Presidential Permits for border crossing facilities, rulemakings, and complaint proceedings.

Renewable Energy

Pierce Atwood is at the cutting edge of the growing and increasingly complex industry of renewable energy technologies. Our lawyers have played a leading role in the evolution of the renewable energy industry in the United States.

Our interdisciplinary renewable energy team brings together expertise in all aspects of renewable energy project development to assist developers, power producers, and investors throughout the United States. Whether the renewable source is wind, solar, hydro, tidal, biomass, or biogas, our lawyers have experience in the core areas that make or break a renewable energy project. We stay on top of the myriad of state and federal programs promoting the financing and development of renewable resources and the reduction in carbon emissions, so that we can assist our clients make use of these programs to achieve their business objectives, while also furthering the identified public policy goals. Our experience includes community solar programs, tax credits and programs around the buildout of electric vehicle charging infrastructure. Learn more about our work in the Renewable Energy industry.

Transmission

Our energy lawyers regularly represent major developers and users of electric transmission facilities, both AC and DC, including within ISO-New England, Pennsylvania-New Jersey-Maryland (PJM), Midwest ISO (MISO), New York ISO (NYISO), California ISO and Electric Reliability Council of Texas (ERCOT). We represent our clients on all aspects of development, including regulatory authorization, environmental permitting and siting, real estate, land use, eminent domain issues, and construction contracting and dispute resolution. With the advent of FERC Order 1000, our attorneys have taken the lead in preparing detailed proposals to competitive solicitations for new transmission facilities designed to address public policy needs, including connecting renewable resources to the transmission grid and mitigating transmission congestion, including the largest active transmission development project in New England designed to import Canadian hydropower to New England and a major HVDC link between Iowa and Illinois to transport wind generation into the PJM market.

Energy Storage

Pierce Atwood enjoys a national reputation advising clients on the rapidly growing area of energy storage projects. We have extensive experience working with energy storage companies before the Federal Energy Regulatory Commission, Independent System Operators/Regional Transmission Operators, and public service commissions on issues including, but not limited to, capacity accreditation, storage-as-transmission assets, and hybrid resources. Our energy lawyers understand the challenges facing the energy storage marketplace, including those associated with integrating storage technologies into the grid and utility distribution systems, and how these technologies can be incorporated to help alleviate those challenges. Learn more about our energy storage expertise and experience.

With many states targeting zero carbon emissions in the energy sector in the coming decades, natural gas remains a critical piece of the energy puzzle, particularly for electric generation and heating needs. Pierce Atwood's energy practice helps natural gas trading companies, marketers, producers, pipelines, local distribution companies (LDCs), end-users and LNG developers take full advantage of North America’s vast gas reserves. We provide comprehensive and practical advice to help our clients manage regulatory and public policy risk as well as develop effective strategies for success in the competitive aspects of the gas industry. We also represent shippers on common carrier oil pipelines as well as small, producer-owned oil pipelines.

Federal Issues (FERC, DOE, and CFTC)

• Rates and tariffs
• Transportation and capacity release requirements
• Enforcement investigations, self-reports, no-action letters, Hot-Line complaints
• Compliance training and manuals
• Certificates and abandonment
• Reporting requirements
• Jurisdictional issues and structuring
• Hinshaw and intrastate pipelines, non-jurisdictional plant lines
• Gathering and processing
• Import and export authorizations and Presidential Permits for border crossing facilities
• Renewable natural gas and biogas
• Local LNG and compressed natural gas

State Issues

• Rates and tariffs
• Facilities siting, safety and environmental impact
• Cast iron and bare steel pipeline replacement
• New distribution projects
• Jurisdictional determinations
• Fuel supply
• Government relations

Transactional Matters

• Purchase and sale agreements – NAESB and ISDA
• Hedging plans and agreements
• Transportation and storage agreements
• Interconnection agreements
• Precedent agreements and letters of intent for new projects and expansions
• RFPs

Pierce Atwood has been a "go to" firm for many years for clients litigating energy-related matters in federal and state courts and before regulatory agencies. Our energy litigation practice brings together our general expertise in complex litigation and appellate practice and specific expertise in state and federal energy law and regulation. In particular, because of our long and successful history representing public utilities and other energy-related entities, Pierce Atwood attorneys in recent years have been lead litigation counsel in a series of multi-million dollar energy related lawsuits, involving:

• Power purchase agreement disputes and rate challenges
• Ownership and contract disputes
• Transmission siting, permitting and referendum related disputes
• Judicial review of federal and state permits
• Bankruptcy contract rejections and filed-rate doctrine disputes
• Nuclear decommissioning and spent fuel storage issues
• Retail supply and marketing practices related class actions
• State and local tax matters

Highlights of our experience in this area include successfully representing the State of California in three multi-billion dollar proceedings before the U.S. Supreme Court, the U.S. Courts of Appeals for the Second and Ninth Circuits, the U.S. District Court for the Southern District of New York and the Federal Energy Regulatory Commission; representing three nuclear power plants to recover over $200 million from the DOE in the Federal Court of Claims; and convincing the Maine Supreme Judicial Court to strike down as unconstitutional a proposed referendum targeting a major transmission project in New England.