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.
- 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
October 22, 2024
Attorney News
Catherine (Cathy) Garza Joins Jackson Walker’s Electric Regulatory Practice
Jackson Walker is pleased to announce that Catherine (Cathy) Garza has joined as an attorney in our Chambers-ranked Electric Regulatory practice in our Austin office. Cathy regularly advises clients in the electricity sector, including investor-owned utilities, power generation companies, retail electric providers, and developers, on regulatory and commercial litigation, as well as compliance issues.
June 6, 2024
Spotlight
Chambers and Partners Releases 2024 USA Guide Featuring 67 Jackson Walker Attorneys and 23 Ranked Departments
Jackson Walker is pleased to announce that Chambers and Partners has selected 67 attorneys and 23 departments for inclusion in the 2024 edition of the Global and USA guides. Attorneys were ranked across 27 departments, with 3 attorneys listed among multiple areas, 8 ranked nationwide in their respective areas, and 15 recognized for the first time.
February 16, 2024
Attorney News
Lawdragon Names 12 Jackson Walker Partners Among Leading Energy Lawyers of 2024
According to Lawdragon, the Energy 500 list “reflects the historic strength of a handful of firms in this area, as well as the incursions the global powerhouses have made establishing Energy as a mainstay of their practices.”
October 27, 2023
Speaking Engagements
Mike Nasi, Meghan Griffiths, and Brandon Durrett Present on ERCOT and EPA at 2023 Gas and Power Institute
June 1, 2023
Spotlight
Chambers and Partners Recognizes Jackson Walker Attorneys and Practices in 2023 USA and Global Guides
Jackson Walker is pleased to announce that Chambers and Partners has selected 51 attorneys and 17 departments for inclusion in the 2023 edition of the Global and USA guides. Attorneys recognized in the guides were ranked in 19 practice areas, with 4 attorneys listed among multiple areas and 6 named among the top attorneys nationwide in their respective areas.
March 22, 2023
Attorney News
Lawdragon Lists Six Jackson Walker Attorneys Among Leading Energy Lawyers of 2023
Jackson Walker partners Leonard Dougal, Meghan Griffiths, Peter Hosey, Jesse Lotay, Michael Nasi, and Michael Pearson have been selected to “The 2023 Lawdragon 500 Leading Energy Lawyers” list. Selection is limited to those who have been in practice for at least 10 years and is based on the publication’s individual research, submissions from firms and companies, and vetting with experienced lawyers in their respective areas.
June 1, 2022
Spotlight
Chambers and Partners Recognizes Jackson Walker Attorneys and Practices in 2022 USA and Global Guides
Jackson Walker is pleased to announce that Chambers and Partners has selected 48 attorneys and 16 departments for inclusion in the 2022 edition of the Global and USA guides.
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.
