Electric Regulatory

We help our electric industry clients protect themselves and seize opportunities as we work close at hand with them through a wide array of energy and regulatory matters. Whether the setting is a contested case hearing room, a project finance negotiation, or a private business planning consultation, we excel at assisting clients navigate the uncharted technical and economic complexities that continue to present themselves before the Public Utility Commission of Texas (PUCT) and Electric Reliability Council of Texas (ERCOT) as our markets mature and change.

We have extensive experience representing energy clients in proceedings before the PUCT, ERCOT, and the State Office of Administrative Hearings (SOAH), as well as in energy-related litigation. That experience spans the days of traditional cost of service regulation of fully-integrated utilities, the high-stakes proceedings to transition the Texas electric markets from monopoly regulation to competition, and now more than a decade of implementing our restructured markets. We’ve been in the thick of things as ERCOT has developed and refined its nodal market, as the PUCT oversaw large-scale expansion of Texas transmission to take advantage of our renewable resources, and as Texas utilities deployed advanced meters and other smart grid innovations.

With the boom of renewable energy that has followed, our work includes helping developers and lenders answer and address regulatory matters as projects are financed, advising utilities and other industry participants as the grid evolves, and helping landowners protect their rights as new projects are sited. In all of this we continue to advance our clients’ interests and strengthen their energy business in Texas and beyond. We offer clients a combination of agency and courthouse experience, industry knowledge, and a track record of success litigating complex technical and economic disputes.

In 2012, Chambers first added the category “Texas Energy State Regulatory and Litigation (Electricity)” to its directory of leading US practitioners. Jackson Walker was there then. We’ve been there every year since. Our clients know we’re there to stay.

 

Practice Category

Heath Armstrong

Heath Armstrong

Senior Counsel, Austin
512.236.2098

Craig R. Bennett

Craig R. Bennett

Senior Counsel, Austin
512.236.2087

Jennifer Ferri

Jennifer Ferri

Partner, Austin
512.236.2029

Alisha Mehta

Alisha Mehta

Associate, Austin
512.236.2340

  • Acting as Texas lead PUCT and ERCOT counsel for one of the five investor-owned ERCOT utilities, appearing before the PUCT in base rate and reconciliation cases, contested disputes, energy efficiency cost recovery factor proceedings (EECRF), advanced metering system (AMS) proceedings, and related litigation
  • Providing regulatory counsel to a leading renewable energy project developer in Texas PUCT and ERCOT matters, including PUCT contested case to designate competitive renewable energy zones (CREZ) and implement Texas’ multibillion dollar transmission build-out to connect west Texas renewable energy projects with Texas’ population and load centers
  • Counseling financing parties and project developers in due diligence and state regulatory proceedings regarding power project development and financing in Texas’ unique regulatory structure and market design within the PUCT and ERCOT
  • Representing utility and private landowners in resolving transmission siting and routing matters, and obtaining and amending Certificates of Convenience and Necessity (CCN) to obtain approval for new transmission lines
  • Representing REPs in various PUCT proceedings, including resolving disputes regarding ERCOT protocols and in PUCT regulatory submissions
    Advising energy clients regarding compliance with PUCT rules and ERCOT protocols, including energy regulation, pricing issues, interconnection agreements, tariffs, transmission provider cost recovery matters, contributions in aid of construction, liability limitation, allocation issues, and rulemaking dockets
  • Representing clients in judicial review proceedings in district courts through the Texas Supreme Court, including, for example, appeal of a PUCT order to the Texas Supreme Court on behalf of a utility regarding a change to its stranded cost recovery
  • Representing clients in connection with obtaining power generation company registration, renewable energy credits (RECs) generator registration, and other requirements to operate wind, solar, and other renewable energy power projects
  • Representing various market participants, including power generators, retail electric providers, and power marketers, in connection with registration, qualification, and filings with the PUCT and ERCOT
Electricity meter power

June 11, 2021
Mentions

ERCOT Granted MDL For Texas Winter Storm Suits | Law360 (Subscription Required)

The Electric Reliability Council of Texas Inc. and other defendants facing lawsuits over loss of power and water services during February’s deadly winter storm can consolidate 157 related cases in a multidistrict litigation pretrial court, a state panel has ruled. The Texas Supreme Court’s Judicial Panel on Multidistrict Litigation granted a request on Thursday to address the cases together after the defendants asked that they be grouped given the similar circumstances of the lawsuits that sprung up after Winter Storm Uri caused outages across the state.

May 10, 2021
Attorney News

Jackson Walker Expands Regulatory Practice With Addition of Heath Armstrong

With deep experience in government regulation and legislative policy, Heath Armstrong boosts the Firm’s representation of private and public clients involved in government regulation, including expanding the teams working on electric, water, telecommunication, and energy development projects.

May 3, 2021
Mentions

Power Co. Hit With $15.8M Suit Over Texas Winter Storm Bill | Law360 (Subscription Required)

Chemical manufacturing company Olin Corp. said in Texas federal court that it wants $15.8 million from Tenaska Power Services, which it says conflated terms of two contracts and wrongly tried to pass on costs it incurred from Texas’ grid operator during February’s historic winter storm.

April 20, 2021
Mentions

Electric Cos. Join ERCOT In Request For Winter Storm MDL | Law360 (Subscription Required)

Texas electricity companies facing lawsuits related to the deadly and destructive February winter storm have joined the state’s primary grid operator, the Electric Reliability Council of Texas Inc., in requesting multidistrict litigation in what is now a total of 90 cases.

Electricity meter power

January 3, 2021
Mentions

Texas Cases to Watch in 2021: Scope of Immunity for Electric Grid Operator Will Be Decided | Law360

In a Law360 article exploring seven Texas cases to follow in 2021, Jackson Walker partner Meghan Griffiths commented on an upcoming Texas Supreme Court decision involving an electric grid operator seeking governmental immunity from fraud and negligent misrepresentation claims brought by a bankrupt power plant owner.

April 23, 2020
Spotlight

Chambers and Partners Recognizes Jackson Walker Attorneys and Practices in 2020 USA and Global Guides

Jackson Walker is pleased to announce that Chambers and Partners has selected 30 attorneys and nine practice areas for inclusion in the 2020 edition of the Global and USA guides.

December 9, 2019
Attorney News

Jackson Walker Expands Finance and Electric Utility Practices With Addition of Lindsey Berwick and Kirk Rasmussen

Jackson Walker is pleased to announce the addition of Lindsey Berwick and Kirk Rasmussen as partners in the San Antonio and Austin offices, respectively.

March 28, 2017
Mentions

Mike Nasi Discusses Clean Power Plan Ahead of Trump’s Rollback

In an article by Texas Monthly, Mike Nasi discusses the potential impact of the Clean Power Plan (CPP) on electricity markets across the state of Texas.

May 27, 2016
Spotlight

Jackson Walker Congratulates Its 2016 Chambers-Ranked Partners and Practice Groups

Twenty-one Jackson Walker partners were selected for inclusion in the 2016 edition of the prestigious Chambers USA: America’s Leading Lawyers for Business guide.

May 22, 2015
Spotlight

Jackson Walker Congratulates Its 2015 Chambers-Ranked Partners and Practice Groups

Twenty Jackson Walker partners were selected for inclusion in the 2015 edition of the prestigious Chambers USA: America’s Leading Lawyers for Business guide, and one additional partner was named a “Recognized Practitioner.”

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