Robert S. Fleishman

Since joining Kirkland, Robert has been involved in the following matters:

• Basalt Infrastructure Partners in its definitive agreement to acquire Xpress Natural Gas, a fully integrated Compressed Natural Gas provider operating in the United States and Canada.
• Thoma Bravo, a leading private equity firm focused on the software and technology-enabled services sector, on its acquisition of RealPage Inc., a leading global provider of software and data analytics to the real estate industry, in a $10.2 billion all-cash transaction. 
• Represented Blackstone Energy Partners in its acquisition of NRStor, a North American battery-storage developer.
• Represented TRC Companies in its acquisition of Lockheed Martin Energy's Distributed Energy Solutions group.
• Represents Hilcorp Alaska in its $5.6 billion acquisition of BP’s upstream and midstream business in Alaska.
• Represents ETRACOM and Michael Rosenberg in a FERC Enforcement market manipulation investigation, show cause proceeding, federal district court litigation, and settlement.
• Advises a range of solar, wind, LNG, and gas-fired generation developers, sponsors, financiers, and investors on the federal and state energy regulatory aspects of transactions.
• Serves as counsel to a working group (Advancing Contracts in Energy Storage) focused on standardization of energy storage contracts and related materials with respect to financing.
• Represents energy companies and traders in Commodity Future Trading Commission (CFTC) and FERC non-public enforcement investigations.
• Advises and trains energy companies and others on FERC, CFTC, and Dodd-Frank compliance matters.
• Advises a major technology company on FERC and CFTC compliance and commercial matters.
• Representing Sentinel Midstream on Texas GulfLink, its proposed Deepwater Crude Oil Export Terminal located near Freeport, Texas and related midstream infrastructure project, which is being financed in partnership with Cresta Fund Management.
• Represented the lenders, led by Investec, Nomura, Industrial and Commercial Bank of China and China Merchants Bank, in the $369 million financing for Red Oak Power LLC.
• Represented the lenders, led by Credit Agricole and Investec Bank, in the financing of the 644MW Bayonne Energy Center gas-fired power project in New Jersey.
• Advised Salt Creek Midstream, LLC on its 50/50 joint venture with Noble Midstream Partners LP (NYSE: NBLX).
• Represented BlackRock, GSO Capital Partners and Magnetar Capital as lead purchasers of $1,100 million of newly issued Series A Convertible Preferred Units of EQM Midstream Partners, LP
• On a pro bono basis, leads a team of lawyers working with engineers and others to develop and finance a community microgrid in the Lower East Side of Manhattan (Beyond the Grid).

Prior to joining Kirkland, Robert was involved in the following matters:

• Represented Energy Transfer Partners in investigations by FERC and CFTC regarding market manipulation and ETP and Oasis Pipeline at FERC in the show cause litigations and settlement proceedings.
• Represented J.P. Morgan in a FERC non-public enforcement investigation and settlement involving alleged manipulation of electricity markets.
• Represented an energy company in a FERC Enforcement market manipulation investigation and settlement which resulted in the first "downward adjustment" of a civil penalty with respect to FERC's penalty guidelines.
• Represented individuals in connection with the FERC Enforcement investigations of Barclays.
• Represented Interstate Natural Gas Association of America (INGAA) in FERC’s DOE NOPR proceeding.
• Represented Solar City in its successful defense of Maryland's community solar and virtual net metering programs in response to a petition for declaratory order at FERC by certain electric cooperatives.
• Represented China Investment Corporation in successfully obtaining approvals from FERC and the NY PSC in connection with its $1.6 billion investment in AES Corp.
• Represented KKR and TPG in obtaining FERC and NRC approvals in connection with the purchase of TXU Corp., a $45 billion transaction.
• Advised a major appliance manufacturer in a DOE and EPA enforcement and compliance action with respect to the Energy Star Program and energy efficiency.
• Advised appliance manufacturers on DOE and energy efficiency compliance matters.
• Represented seven major energy trade associations in preparing a White Paper on FERC enforcement matters, presenting it to FERC, and paving the way for significant reforms to FERC’s enforcement and compliance program.
• Represented COMPETE, a coalition of major electricity market participants, including Exelon, Constellation Energy, Sempra Energy, Reliant, TXU, PPL, PSEG, TXU, Safeway and Wal-Mart, on legislative, regulatory, and public policy matters.
• As a mediator, successfully resolved a series of disputes between Pacific Gas & Electric Company and the City of San Francisco.
• Represented Texas Genco in its successfully obtaining FERC approval to sell approximately $6.2 billion in generation assets to NRG.
• Represented UBS before FERC on energy marketing and trading matters.
• Advised Mitsubishi Nuclear Energy Systems in connection with NRC regulatory issues.

Morrison & Foerster LLP, Senior Of Counsel

Covington & Burling LLP, Of Counsel

Constellation Energy Group (CEG), formerly Baltimore Gas & Electric Company (BGE), Vice President of Legislative and Regulatory Policy; Vice President of Corporate Affairs and General Counsel (1985-2002). In that role, Robert led the company’s efforts to develop and coordinate legislative and regulatory policy at the federal, state and local levels. He also:

• successfully led the effort to obtain all necessary federal regulatory approvals for Constellation Energy Group to transfer approximately $2.5 billion in electric generation assets to an unregulated subsidiary;

• led the policy development, consensus building, and lobbying efforts to pass comprehensive electric restructuring legislation in the Maryland General Assembly;

• managed the successful effort to pass holding company legislation in the Maryland General Assembly and obtain all necessary regulatory approvals;

• saved natural gas customers over $1 billion by engineering a major victory at FERC through agency filings, litigation, and Congressional activities concerning Columbia Gas Transmission Corporation's transition restructuring costs;

• successfully overturned approximately 40 FERC orders and saved consumers approximately $140 million by orchestrating a court victory in BGE v. FERC in the U.S. Court of Appeals for the D.C. Circuit;

• supervised Constellation and BGE’s compliance with FERC and state affiliate standards and codes of conduct;

• served as Chairman of the American Gas Association’s FERC Regulatory Committee;

• directed BGE’s compliance and planning efforts in restructuring of the gas industry under FERC Order 636;

• served as a member of the Official Customer Committee in Columbia’s Bankruptcy Court proceedings and Co-Chair of the Committee’s Litigation Committee;

• successfully negotiated with interstate pipelines, utilities, local distribution companies, state commissions, consumer advocates, and end-users in numerous FERC natural gas cases; and litigated approximately a dozen cases before FERC and the Maryland Public Service Commission on natural gas and electricity matters.

In the dispute resolution field from 1997–2003, Robert:

• developed an extensive, systematic, and cost effective ADR Program at CEG and BGE, with the assistance of JAMS/Endispute;

• held leadership roles in three ADR organizations: Chairman of the ADR Committee of the Energy Bar Association; Chairman of the Business Initiative for the Maryland Mediation & Conflict Resolution Office (MACRO) under the auspices of Maryland Chief Judge Robert Bell; and President of the Community Mediation Program in Baltimore, MD; and

• successfully led the process for an extensive benchmarking study on the use of ADR in the Maryland business community, jointly published by MACRO and the Maryland Chamber of Commerce.

Federal Energy Regulatory Commission (FERC), including in the Enforcement Division (1979–1985)