REPRESENTATIVE EXPERIENCE
Compliance and Enforcement Catherine represents market participants in audits and investigations before the Federal Energy Regulatory Commission (FERC), Commodity Futures Trading Commission (CFTC), North American Electric Reliability Corporation (NERC), Department of Energy (DOE) and Public Utility Commission of Texas (PUCT), including conducting internal investigations, responding to agency inquiries, and negotiating the resolution of audit and investigatory matters related to power, natural gas, crude oil and liquids. Catherine has worked extensively on agency implementation of the Dodd-Frank Act, including on CFTC rulemakings, and routinely advises companies on the application of the Dodd-Frank Act and impending regulations to their business. She also assesses internal practices and implements compliance programs to ensure conformity with state, FERC, CFTC, EPA, DOE, NERC and FTC policies and regulations, including those related to market manipulation, position limits and reporting, transaction and price reporting, greenhouse gas and other emissions reporting, document retention, interlocking officer and director positions, regional reliability standards, DOE efficiency standards, and the Public Utility Holding Company Act. Catherine’s compliance practice includes developing compliance manuals, business practices, training programs and internal review protocols.
Mergers, Acquisitions and Trading
Catherine advises on energy-related transactions, including mergers, company and asset acquisitions/dispositions, energy/asset management and tolling arrangements, and transmission and scheduling services agreements. She manages due diligence for all types of energy transactions, including regulatory due diligence related to energy assets and companies and counterparty due diligence, including energy market operators such as ISOs/RTOs and governmental entities that participate in the energy markets. Finally, Catherine advises on the regulatory obligations associated with energy-related acquisitions/dispositions, including FERC approvals and jurisdictional waivers.
Market Participation
Catherine has helped establish numerous trading organizations, including companies growing their business from within and for those integrating an acquired trading business. In this capacity, she advises companies on the requirements needed to enter into, and participate in, the wholesale energy markets, including market-based rate authorizations, DOE import and export licenses, qualifying facility certifications, and state registrations. She also advises on ISO, RTO, transmission and transportation requirements, including participant, membership and customer requirements, credit policies, and rules applicable to commodity trading, capacity, and ancillary services congestion rights, price caps and other mitigation measures, scheduling practices and requirements, and billing and settlement issues.
PROFESSIONAL HONORS AND AWARDS
- Recognized by Fortnightly as a Top Utility Lawyer of 2011
- Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of electricity regulation and litigation (2010, 2011, 2012, 2013)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, Federal Energy Bar Association
- Member, Law and Compliance Division, Futures Industry Association
- Member, Women’s Council on Energy and the Environment
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Co-author, “Ten Questions to Ask When Thinking About Compliance,” Partnering Perspectives (Fall 2010)
- Co-author, “Who’s In Charge of Carbon Markets?” Public Utilities Fortnightly (July 2008)
- Co-author, “Climate Change: White Paper Favors Cap-And-Trade,” Energy Law360 (October 2007)
- Co-author, “There’s a New Sheriff in Town: Energy Derivatives and FERC,” Futures Industry (July/August 2007)
- Speaker, “Preparing for a FERC or CFTC Investigation,” AGA 2012 Energy Market Regulation Conference (October 4, 2012)
- Moderator, “Mamma Mia – There They Go Again: Dealing with Stricter Energy Regulators,” ACC Annual Meeting (October 1, 2012)
- Speaker, “OTC Derivatives Regulation: The Aftermath of the Dodd-Frank Act,” ACC Annual Conference (October 24, 2011)
- Speaker, “The Art & Science of Harmonization,” ARGUS: US Oil Market Regulation Summit 2011 (September 27, 2011)
- Speaker, Webinar: The Dodd-Frank Act: Back to Basics for End Users, American Bar Association (June 7, 2011)
- Speaker, “Dodd-Frank Act: Back to Basics for End Users,” Futures Industry Association Energy Forum (June 7, 2011)
- Speaker, “Developments in Agriculture and Energy,” Futures Industry Association Law and Compliance Conference (May 6, 2011)
- Speaker, "Update on Dodd-Frank Rule-Making," Futures Industry Association Energy Forum (October 5, 2010)
- Speaker, “Recent Developments in Energy Investigations,” ACC Legal Quick Hits (April 21, 2010)
- Speaker, “Climate Change Issues,” New Jersey Pharmaceutical and Food Energy User Group, Bristol-Myers Squibb, Lawrenceville, NJ (October 13, 2009)
- Speaker and Moderator, “Legal and Regulatory Issues in Marketing Claims,” Greenwashing and Greenmuting Panel, Renewable Energy Markets 2009 Conference (September 2009)
- Speaker, Webinar: “NERC Audits and Culture of Compliance: Practice Pointers” (August, 10, 2009)
- Speaker, “The Feds Step-Up (or Trip?) on Climate Policy,” California Manufacturers & Technology Association (July 2009)
- Speaker, “The Supreme Court’s Treatment of the Mobile-Sierra Doctrine in Morgan Stanley Capital Group, Inc. v. PUD No. 1 of Snohomish County,” Energy Bar Association (November 2008)
- Speaker, “Carbon Trading Markets: Update on Markets in the U.S. and Lessons from the EU,” Energy in the Southeast (June 2008)
- Speaker, “Oversight of the U.S. Carbon Markets,” Futures Industry Association Law & Compliance Conference (May 2008)
- Speaker, “Renewables Contracting Risks in a Developing Regulatory Environment,” Energy and Environment Conference (January 2008)
- Speaker, “Energy Trading: 20/20 Oversight the CFTC and the FERC,” Women’s Counsel on Energy and the Environment (October 2007)
- Speaker, “Contract Enforceability and the FERC Mobile-Sierra Doctrine,” Futures Industry Association Law & Compliance Conference (May 2007)
- Speaker, “Between a Rock and a Hard Place: Navigating the Ethical Path Between Privilege and Cooperation,” Energy Bar Association (November 2004)