Our attorneys have comprehensive knowledge of wholesale electricity markets and have served as national coordinating counsel for large-scale utility integrations and complex, multi-jurisdictional regulatory matters. We have extensive experience representing clients before the Federal Energy Regulatory Commission (FERC) in rulemaking, tariff and rate schedule filings, complaint proceedings, and enforcement actions. Our attorneys regularly assist clients in the development and implementation of strategies around wholesale electricity market design, new market entry, large-scale integrations, and complex, multi-jurisdictional matters involving both federal and state regulation. This experience also includes representation of clients in appeals of agency actions before the U.S. Court of Appeals.
Our clients have included a broad range of Independent System Operators (ISOs) and Regional Transmission Organizations (RTOs), investor-owned utilities, transmission-only companies, merchant generators, and renewable energy developers.
Markets, Rates, and Tariff Design. Our attorneys have deep knowledge and expertise in wholesale electricity markets and the RTOs that administer these markets. We counsel RTOs and RTO members in energy and capacity market design, financial transmission rights, competitive transmission development, cost allocation, and membership matters. Our practice before FERC includes initial tariff filings and revisions, complaint and settlement proceedings, and paper hearings.
Policy and Rulemaking Proceedings. We have extensive experience in representing and advocating for clients in rulemaking proceedings and policy initiatives. These engagements include drafting and submitting comments on Notices of Inquiry (NOIs) and Notice of Proposed Rulemakings (NOPRs), rehearing requests regarding final rules, providing advice on whether and how to seek judicial review of final rules and assistance in taking the steps necessary to comply with new FERC policies.
Energy Evolution and Renewables. The energy industry is experiencing a significant shift from traditional fossil fuel generation to a greater reliance on renewable resources and a concerted effort to incorporate distributed generation. Our attorneys recognize the impact that this shift has on the energy landscape and assist clients in evaluating market entry, transactions, and participation options when faced with the intersection of evolving FERC rules and policies with state retail ratemaking.
Complex and Multi-Jurisdictional Proceedings. With the expansion of energy (and policy) beyond state and federal regulatory silos many industry participants face multiple layers of local, state, and federal regulation. Clients rely on our broad experience as national coordinating counsel in complex, multi-jurisdictional matters to set legal and regulatory strategies and manage related proceedings across multiple state and federal jurisdictions.
Compliance and Enforcement. Industry participants face heightened scrutiny with respect to their actions and compliance with the Federal Power Act and FERC’s rules and regulations. We assist clients in every step of the process from drafting and implementing compliance plans to advising clients during formal and informal FERC investigations and audits to ultimately drafting mitigation plans and negotiating settlements with enforcement authorities, when necessary.
Chambers USA Leading Law Firm Rankings
Calfee has been recognized by Chambers USA as a Leading Law Firm in Energy & Natural Resources in Band 1 in both Indiana and Ohio (2023).
Clients interviewed by Chambers USA researchers stated, "Calfee always has someone available to provide solutions for complex and nuanced regulatory cases. Calfee has a good grasp of the industry and emergent issues."
The following Energy and Utilities attorneys are ranked by Chambers USA 2023:
- Phillip A. Casey – Energy & Natural Resources, Band 1: Indiana
- James C. Holsclaw – Energy & Natural Resources, Band 2: Indiana
- James F. Lang – Energy & Natural Resources, Band 1: Ohio
U.S. News – Best Lawyers® “Best Law Firms” Rankings
Calfee was selected for inclusion in the 2023 "Best Law Firms" rankings by U.S. News – Best Lawyers in Energy Regulatory Law (Regional Tier 1 Cleveland) and Energy Law (Regional Tier 2 Cleveland).