IN THIS INDUSTRY
Energy
Schiff Hardin provides services to traditional electric utilities, municipal and cooperative electric suppliers, electric "merchant" generators, electricity and natural gas marketers, natural gas and petroleum pipelines, natural gas processors, natural gas local distribution companies (LDCs), and other energy companies.
Our representation includes all facets of federal and state regulatory law, including Federal Energy Regulatory Commission (FERC), Department of Energy, Illinois Commerce Commission (ICC) and federal and state courts. Schiff Hardin further provides services to energy companies in a wide range of other areas, including multi-state regulatory strategy, corporate and securities, construction, environmental law, labor, litigation, mergers and acquisitions, and finance. In addition to directly representing energy companies, Schiff Hardin also represents banks, lenders, insurance companies, investment companies, private equity and hedge funds, and other clients with interests in the energy industry.
Schiff Hardin also has substantial experience functioning as inside counsel for energy companies. For many years, our partners have served as general counsel and deputy general counsel for energy companies and have worked closely with both large and small in-house legal staffs. Through our experience serving as inside counsel, we have acquired a deep understanding of the energy industry and understand the timing and budget pressures under which in-house counsel work. We also know how to work strategically with other law firms and company advisors when acting as outside counsel.
Services
Our broad-based energy practice provides diverse counseling services that include:- Rate cases and tariff matters before federal and state regulators
- Pipeline certificate proceedings
- Hydroelectric licensing
- Complaint proceedings before federal and state regulators
- Rulemaking proceedings before federal and state regulators
- Compliance and enforcement matters
- Judicial review of agency orders
- Negotiation of supply and capacity contracts
- General corporate and securities matters
- Mergers and acquisitions
- Real estate
- Finance (including project and structured finance
- Litigation
- Antitrust
- Tax
- Securities Exchange Commission (SEC) compliance
- Labor and employment
- Bankruptcy and creditors' rights
- Project development, construction and project controls
Federal Energy Regulation — Electric
Schiff Hardin attorneys regularly counsel public utilities, wholesale generators, electric power marketers, and state commissions in regulatory proceedings before the FERC.Regulatory Proceedings
We represent clients in every type of regulatory proceeding. These matters include:
- Formation and operation of regional transmission organizations (RTOs)
- Complaints
- Market-based rate filings
- Electric reliability rules
- FPA Section 203 filings
- Public Utility Regulatory Policies Act (PURPA) and qualifying facilities (QF) issues
- Hydroelectric licensing
- Rulemakings
- Interconnection of transmission and generation facilities.
Schiff Hardin attorneys have also counseled entities before the Department of Energy on obtaining import/export authority for electricity and emergency sales of power.
Compliance and Enforcement Matters
We regularly counsel electric clients on compliance with the FERC standards of conduct and codes of conduct, filing and reporting requirements, and Public Utilities Holding Company Act of 2005 (PUHCA) compliance.Compliance with FERC regulations has become ever more important in light of the enhanced $1 million a day civil penalty authority Congress recently conferred on the FERC. Thus we have worked with our clients to create comprehensive compliance programs to prevent violations from occurring and to mitigate any potential penalties.
Legislative Representation
We closely follow energy legislation and keep clients abreast of any proposals that may impact them. Our Washington DC office works with clients to ensure their interests are represented in Congress.We also are experienced in implementation of new legislation. We represented a client in its bid to successfully become the nation's first electric reliability organization (ERO). This representation entailed developing the regulatory framework to implement the new legislation. We were able to counsel our client as it successfully navigated FERC's process to become the ERO consistent with the short timeframe mandated by Congress.
Federal Energy Regulation — Natural Gas
We represent all facets of the natural gas industry, including interstate natural gas pipelines, LDCs, producers and processors before the FERC.Regulatory Proceedings
We represent clients in every type of regulatory proceeding before FERC. These matters include:
- Rate cases and tariff filings
- Complaints
- Pipeline certificate proceedings
- Liquefied Natural Gas (LNG) terminal proceedings
- Rulemakings
Many of these proceedings are set for hearing and Schiff Hardin attorneys have extensive experience in litigating cases before FERC administrative law judges. Recently, our attorneys have been especially active in gas quality proceedings, and have represented LDCs, gas processors and pipelines in nearly all of the major gas quality proceedings.
Compliance and Enforcement Matters
We regularly counsel natural gas clients on compliance with the FERC standards of conduct, filing and reporting requirements, capacity release requirements and natural gas sales. We have also represented clients in FERC enforcement proceedings and have extensive experience in advising clients through the enforcement process.Appellate Practice
Schiff Hardin attorneys routinely represent clients in the U.S. Courts of Appeal seeking review of FERC decisions. Schiff Hardin has represented appellants and argued three cases on behalf of clients since 2005.
State Utility Regulation
Schiff Hardin has extensive experience representing electric and gas utilities before the ICC. In addition, we are often retained by out-of-state entities as special Illinois regulatory counsel to advise on regulatory implications and requirements for entities considering energy projects, mergers, acquisitions, investments or strategic combinations in Illinois.Regulatory Proceedings
We represent electric and gas utilities in:
- Rate cases
- Tariff proceedings
- Fuel and purchased gas adjustment clause proceedings
- Certificate proceedings for natural gas and electric infrastructure
- Mergers
- Debt and equity financings
- Sales and transfers of assets
Appellate Practice
Schiff Hardin has represented clients in numerous appeals of ICC decisions to the Illinois courts, both as appellant and appellee.Legislation
Our firm has represented utilities in legislative matters relating to regulation, restructuring and state taxation. One of our partners was a principal negotiator and draftsperson of Illinois' 1997 electric utility industry restructuring law.
Energy Marketing and Procurement
We provide substantial support to our energy clients with respect to the trading and marketing of energy and energy-related products, and the use of financial instruments to hedge the risks and manage volatility.Our attorneys were instrumental in the development of the Master Wholesale Power Purchase and Sale Agreement developed by the Edison Electric Institute and the National Energy Marketers Association. We also represent energy companies with respect to procurement, transportation and other operational issues related to their purchased power, gas supply, fuel for generation and coal transportation needs.
Comprehensive Legal Support for Energy Companies
Among Schiff Hardin's strengths are the breadth of its practice and the ability of the lawyers who focus their practice on energy companies to team with other lawyers in the firm who focus on the issues that energy companies — like all businesses — face from time to time.Our construction and environmental practice groups in particular often counsel companies involved in building energy infrastructure and on environmental permitting and compliance matters.
We are proud of our effectiveness in representing clients in:
