Regulatory
Energy Regulation and Litigation
Gibson Dunn’s Energy Regulation & Litigation Practice combines deep industry knowledge and regulatory expertise to effectively represent clients in complex energy transactions, disputes, and regulatory matters.
Overview
Gibson Dunn’s Energy Regulation and Litigation Practice Group has deep experience counseling clients on the full spectrum of regulatory, transactional, and litigation matters in the energy space, granting clients a unique insight into U.S. Federal Energy Regulatory Commission (FERC), state regulatory commissions, Department of Energy (“DOE”) and U.S. Commodity Futures Trading Commission (CFTC) policies and regulations.
Our group provides a full range of services to clients in all energy industry segments – including regulatory counseling, commercial transactional advice, energy infrastructure development, mergers and acquisitions, complex administrative and appellate litigation, compliance with government rules and regulations, and government enforcement and investigation defense.
Gibson Dunn’s energy lawyers have diverse backgrounds, including in power engineering, technology, science, economics, energy marketing and trading, and energy policy and reform. We combine that practical and experiential knowledge and talent with that of other Gibson Dunn practitioners in a wide range of disciplines, including our world-class Litigation and Appellate practices and Energy and Infrastructure transactional practices to address energy issues from all angles. This holistic and multidisciplinary approach allows us to creatively and efficiently provide integrated solutions to the most complex energy-related issues.
We have represented clients in many of the largest, most complex energy infrastructure development projects and mergers and acquisitions that have occurred in the energy industry in recent history. And our team has broad capabilities working with the nuclear power industry and representing clients on nuclear power regulatory matters before the Nuclear Regulatory Commission and state radioactive materials regulators.
“The team has excellent breadth of experience and skills.”
Chambers Global
Experience
Recent representations include:
- Abu Dhabi National Oil Company: Represented Abu Dhabi National Oil Company (ADNOC) in its acquisition of a substantial equity interest in, and LNG offtake agreement from, NextDecade’s Rio Grande LNG export facility in Cameron County, Texas.
- Elliott Investment Management: Represented Elliott Investment Management (Elliott) in obtaining approval for the acquisition up to 20% of the equity interest in NRG Energy. We advised Elliott on all aspects of the acquisition and obtained approval from FERC through a heavily litigated FERC Section 203 proceeding under the Federal Power Act, as well as established important new precedent regarding financial passive investments and vertical market power.
- MidAmerican Energy Company: Represented MidAmerican Energy Company (MEC) in defending a contentious Federal Power Act FERC Section 206 complaint brought by Tenaska Clear Creek (Tenaska) against the Southwest Power Pool (SPP). Gibson Dunn, together with SPP, successfully defended the complaint, which FERC rejected, as well as Tenaska’s request for FERC rehearing of the complaint. We also successfully defended FERC’s decision in Tenaska’s appeal to the D.C. Circuit Federal Court of Appeals through briefing and oral argument, and the D.C. Circuit denied Tenaska’s appeal of the FERC orders and denied Tenaska’s requests for both panel and en banc rehearing of the D.C. Circuit’s opinion.
- Pine Gate Renewables: Represented Pine Gate Renewables (Pine Gate), a large developer, owner, and operator of renewable solar powered energy generating facilities in the United States, in the acquisition of significant equity interests in Pine Gate by Generate and the Healthcare of Ontario Pension Plan Trust Fund (HOOPP). We applied for and successfully obtained a series of three separate FERC Federal Power Act Section 203 approvals to enable the equity investment by Generate and HOOPP in Pine Gate. We also navigated the updating and filing of Pine Gate’s FERC Qualifying Facility Form 556 self-certifications under PURPA to include the ownership interests of Generate and HOOPP.
- Essential Utilities, Inc.: Represented Essential Utilities Inc. (Essential) on all regulatory matters regarding the sale of three district energy facilities to Cordia, including the first-of-a-kind on-site generating facility that provides reliable electric power supply to the Pittsburgh International Airport. We represented Essential in the competitive auction process with multiple bidders, through which Cordia was selected as the buyer. We represented Essential on all regulatory matters for the auction process and negotiation of the transaction agreements. We applied for and successfully obtained FERC Federal Power Act Section 203 approval for the sale of the Pittsburgh Airport generating facility to Cordia. We also obtained FERC market-based rate authority under Section 205 of the Federal Power Act for the Pittsburgh Airport generating facility and related electric power microgrid. In addition, we successfully revised and filed new FERC QF self-certifications under PURPA for the Pittsburgh Airport generating facility and another district energy generating facility servicing the integrated on-site load of a Pennsylvania hospital system.
- Energy Transfer Partners LP: Represented Energy Transfer Partners in relation to counterclaims (reconventional demands) brought by New Generation Gas Gathering LLC (“NG3”), alleging antitrust restraint of trade, monopolization, unfair trade practices, abuse of rights, and tortious conduct claims under Louisiana law. The parties ultimately reached a business resolution.
- Vitol Inc.: Defended Vitol Inc. in an action filed by FERC alleging that Vitol and its energy trader, Federico Corteggiano, engaged in a cross-product manipulation scheme in the California Independent System Operator’s (CAISO) wholesale electric power market during October and November 2013. Gibson Dunn achieved a favorable settlement with FERC for an amount far less than originally demanded, and which omitted any reference to wrongdoing on the part of Vitol or Mr. Corteggiano.
- Juniper Capital: Represented Juniper Capital, a private equity firm based in Houston, in litigation and arbitration proceedings stemming from Juniper’s removal of a management team (MLB Management) from one of Juniper’s portfolio companies. Because Juniper removed MLB Management for cause, MLB lost certain Class A and Class B interests in the portfolio company. MLB contested Juniper’s cause determination and asserted various causes of action against Juniper arising from the removal, seeking over $20 million in damages. On Juniper’s behalf, Gibson Dunn successfully enforced the parties’ agreement to arbitrate.