Substantive Energy Capabilities
PowerUp Legal Attorneys can do everything energy! Collectively, PowerUp Legal attorneys can address a vast range of electric and gas matters at both the state and federal level. On the electric side, PowerUp Legal attorneys are well versed in issues arising under the Federal Power Act and PURPA (and their state statutory counterparts) including merger, sale and acquisition of jurisdictional assets under Section 203, rate, tariff and contract reviews under Sections 205 and 206 of the FPA, matters related to qualifying facilities and avoided costs and are familiar with NERC reliability standards and issues related to participation in RTO/ISO markets. On the gas side, PowerUp Legal attorneys have been involved in wide range of matters under the Natural Gas Act, including rate proceedings, tariff filings, complaints and siting. We recommend that you review the PowerUp Legal attorneys’ individual bios on the website to gain a better understanding of the scope of their energy competencies.
Regulatory Proceedings & Compliance
Staying abreast of ever-changing energy regulatory policy at the federal and state level (often, multiple states), tracking and participating in proceedings and ensuring compliance are time-consuming and costly matters for most utilities and energy companies. That’s where PowerUp Legal can deliver value. Not only do PowerUp Legal attorneys have extensive experience in dealing with regulatory issues, but through lengthy careers and involvement in the industry, they intimately understand the workings of many regulatory agencies. Examples of regulatory matters that PowerUp Legal attorneys can handle include: rulemaking proceedings (either monitoring or drafting and summarizing comments), participate in working group at agencies and ISO/RTOs, rate filings, motions to intervene and complaints, dispute resolution proceedings, enforcement issues, preparation of compliance manuals and policies and Freedom of Information Act (FOIA) and state public information act requests.
Transactional work is an important component of energy practice, requiring both general knowledge of contract principles as well as applicable statutes and regulatory requirements that may inform the terms of various agreements. PowerUp Legal attorneys have experience drafted, negotiated and reviewed a wide range of contracts, from simple to complex, including interconnection agreements, power purchase agreements (PPA), asset sale and purchase agreements, take or pay contracts, tolling agreements, precedent agreements and easement and right-of-way agreements. Once an agreement is negotiated, PowerUp Legal attorneys can also handle any corresponding regulatory filing that may be required.
Because much of energy law is so specialized, companies have difficulty in hiring additional support to staff a large matter on a short-term basis or finding a qualified candidate to fill in while a lawyer is out on maternity leave or tending to family matters. PowerUp Legal is set up to address these needs – and most of our attorneys are available to work on site or on longer assignments.
In contrast to other placement services that satisfy general litigation demands, PowerUp Legal attorneys have both the procedural and substantive capability to step into administrative and energy litigation without missing a beat. Whether you need an attorney to cover occasional appearances before a state regulatory agency, to take charge of drafting and reviewing data requests and motions, or to prepare and cross-examine witnesses, PowerUp Legal can help.