Energy

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Overview


Perkins Coie's lawyers are experienced in energy law. We know the energy industry and regularly help clients resolve legal issues related to economic, technical and policy issues in both regulated and unregulated settings. We represent large investor-owned utilities, some of the country's largest independent power producers, power marketers and many other energy companies. We represent clients in a wide array of traditional,  alternative and renewable energy projects, including geothermal, wind, coal, ethanol, biodiesel, natural gas, hydroelectric and methane power generation, LNG facilities, gas and petroleum product pipelines and electric transmission facilities. Our experience includes regulation and policy, commercial transaction and project finance, project permitting and development, and litigation.

Regulation & Policy

We advise clients on utility regulation, including general rate cases, rate design and structure, tracking and flow-through adjustments, Energy Policy Act and Public Utility Holding Company Act issues. We have extensive federal regulatory experience, particularly before the Federal Energy Regulatory Commission (FERC) and on matters related to the Federal Power Act and Natural Gas Act.

We also assist clients on policy development, including presentation of comments in agency rate-making and rule-making proceedings, testimony before legislative committees and negotiation with federal and state environmental, safety and power marketing agencies and regional energy policy bodies.

Commercial Transactions & Project Finance

We assist clients with the negotiation of agreements for power purchase, fuel supply and transportation, electric transmission and interconnection, project engineering, procurement and construction (EPC), facility operation and maintenance, and energy trading. We advise on matters related to Greenhouse Gases, and Carbon Cap and trade. We also counsel clients on project and portfolio finance and acquisitions, including fatal-flaw analysis and due diligence evaluations.

Project Permitting & Development

We advise clients on energy facility permitting under federal, state and local siting, licensing, environmental and land use laws, including hydroelectric licensing and LNG facility certification. We also assist with energy resource and project development, including site selection, real estate and water rights acquisition, federal public land use authorization and EPC contract negotiation.

Energy Litigation

We advise on government review and approval of utility rate cases, sales, and mergers and acquisitions. We also support clients through the administrative adjudications governing project siting, licensing and rates, and judicial appeals of administrative decisions and permits.

When necessary, our experienced litigation team represents energy companies in federal and state courts regarding antitrust, RICO, fraud, tort or other claims related to the energy industry or provision of tariffed services, condemnation proceedings and federal Court of Claims actions involving government contracts.