Energy Regulatory

We represent public and private companies, investment banks and private equity firms, infrastructure funds, hedge funds, project sponsors, developers, and others in cutting-edge transactions, positioning us at the forefront of trends throughout the energy industry.

We advise on energy market rules and compliance, opportunities created by state and federal incentive programs, and regulatory and legal developments that impact the integration and viability of resources. Our practice includes:

• Deal structuring, project planning, and regulatory sequencing for developers and sponsors;
• Adequacy of off-take, fuel-supply, and regulatory documentation for lenders and investors; and
• Negotiation and drafting of power purchase and storage agreements; agreements for purchase or sale of oil, gas, and biofuels; operations and maintenance agreements, hedges, and other commercial contracts, as well as corporate procurement arrangements.

We handle electric generation, transmission, and distribution matters involving conventional, renewable, distributed, and storage resources under the Federal Power Act and federal and state laws. We regularly advise and represent clients in matters involving:

• markets for energy, capacity, and ancillary services, in and out of RTOs and ISOs, as well as rate and tariff matters;
• merger and transaction approvals, including consents to transfer authorizations issued by state and federal administrative agencies;
• reliability standards;
• transmission planning, interconnection, export authorizations, and cross-border transmission facilities;
• matters under the Public Utility Regulatory Policies Act and the Public Utility Holding Company Act;
• rules and requirements for power generators and electric transmission in the Electric Reliability Council of Texas (ERCOT); and
• restructuring and bankruptcy matters that involve laws, rules, and tariffs administered by the Federal Energy Regulatory Commission (FERC).

We handle a range of federal and state rate, tariff, and certificate matters involving natural gas and LNG under the Natural Gas Act (NGA) and Natural Gas Policy Act, and oil and refined product pipeline matters under the Interstate Commerce Act, as well as restructuring and bankruptcy matters that involve the laws, rules, and tariffs administered under the NGA and the Interstate Commerce Act.

We advocate before FERC, the Department of Energy, and other agencies, and litigate at the administrative, trial, and appellate levels. We advise our clients on the practical effects of rule changes and market trends involving energy regulation and policies.

In doing so, we collaborate with one of the premier appellate practices in the country. Kirkland’s appellate attorneys have extensive experience briefing and arguing high-stakes cases in the federal courts of appeals, state appellate courts, and the U.S. Supreme Court.

We have decades of experience advising and representing clients on matters involving the federal and state regulatory agencies that address electricity, natural gas, and oil/products pipeline enforcement and compliance matters.

We represent clients in FERC and Commodity Futures Trading Commission (CFTC) enforcement investigations, litigation and other proceedings, and FERC audits, many of which remain non-public and confidential. We advise on the obligations of public utilities and natural gas companies (including affiliate rules and standards of conduct), and we provide FERC, ERCOT, and CFTC compliance advice and in-depth training to a wide range of market participants.

We collaborate and integrate with world-class litigation, oil and gas, tax, environmental, debt financing, and mergers and acquisitions attorneys, resulting in hundreds of lawyers who comprise our Energy & Infrastructure Practice Group, with strong presences in Washington, D.C., major Texas markets, New York, Chicago, and San Francisco. Our deep bench and strong support put us in a strong position to help you succeed.