Electric Power and Transmission

We represent clients in matters relating to regulation of electric power and transmission governed by the Federal Energy Regulatory Commission, state public utilities commissions, the Commodity Futures Trading Commission, the Environmental Protection Agency and related state agencies, as well as other state and federal administrative bodies. We have extensive experience in rate cases, complaints, generic rulemakings and all other aspects of energy regulatory proceeding. We also have significant experience handling electric power issues outside the United States.

Our Capabilities

Wholesale Rates and Interstate Transmission

Our lawyers are intimately familiar with regulation of electric power, transmission access and pricing policy, and ratemaking. We have extensive experience before FERC in wholesale rate cases, merger proceedings, Independent System Operator (ISO) disputes and other litigated FERC proceedings. Our former FERC attorneys played a major role in developing and implementing FERC Order No. 888, which ordered all U.S. electric utilities to provide open access transmission service and directed efforts in aspects of the subsequent restructuring of the electric industry. 

We have worked on Regional Transmission Organization (RTO) formation and the long-term transmission pricing issues currently under discussion in the PJM-Midwest regions and, western regions (e.g. GridWest and CalISO). We play a leading role in ongoing matters arising out of California's 2000-2001 electricity market crisis.

Market Oversight

Heller Ehrman advises electric and gas utilities concerning FERC's standards of conduct, including issues addressed in Order Nos. 2004 and 2004-A. We have worked closely with the personnel in FERC's Office of Enforcement. In the high-profile, multi-party proceedings related to the California ISO market failures, Heller Ehrman has been in the trenches on active litigation concerning market power and market manipulation issues.

Retail Sales and Intrastate Transmission

We have significant experience before state public utility commissions in connection with retail rate cases, intrastate transmission issues, and certifications for new electric generation and transmission facilities. Nearly two dozen Heller Ehrman attorneys have appeared before state public utility commissions in at least 27 states.

Hydroelectric Dam Licensing

We assist clients before FERC and in complex multiparty negotiations regarding all aspects of licensing and relicensing hydroelectric projects, from traditional through alternative and integrated licensing processes, as well as related water certifications and other environmental matters. We have assisted numerous clients in privatizations of federal projects.

Representative Engagements

• Exelon: Represent Exelon and its subsidiaries, Commonwealth Edison (Com Ed) and PECO Energy, on FERC rate matters including litigation concerning PJM ratemaking issues, transmission rate filings for Com Ed, and rate related contract disputes on behalf of  PECO.
• Pacific Gas and Electric Company: Represent PG&E in FERC and appellate proceedings regarding wholesale power rates and in numerous other matters related to California electric power markets and the multi-billion dollar litigation concerning the California electric crisis of 2000-2001.
• TransConnect, LLC: Represented multiple western utilities in their development  of this independent transmission company, that  was intended to participate in a Western regional transmission organization.
• Chugach Electric Association: Represent Chugach in the ongoing relicensing proceeding for the Cooper Lake Hydroelectric Project before FERC and in all regulatory proceedings before the Regulatory Commission of Alaska, including its general rate cases and appeals.
• Puget Sound Energy: Represented PSE in FERC rate proceedings relating to transmission rates and PSE's Open Access Transmission Tariff, classification of transmission and distribution facilities, and FERC-jurisdictional transmission rates for retail access industrial customers.
• Republic of Russia: Represented the Republic of Russia in its electric power sector restructuring efforts.