REPRESENTATIVE EXPERIENCE
Dan’s representative experience includes:
FERC Regulatory
- Providing counsel on market-based rate approvals and related authorizations and waivers.
- Advising on approvals of cost-based sales, transmission tariffs and other filings.
- Advising on interconnection and transmission cost allocation issues involving wind and other renewable resources.
- Advising on approvals of asset sales, mergers and reorganizations, and securities issuances.
- Assisting with market power filings.
- Providing counsel on interlocking director issues.
- Advising on qualifying facility (QF) and other Public Utility Regulatory Policies Act (PURPA) matters.
- Advising on Public Utility Holding Company Act (PUHCA) matters.
- Counseling on FERC filing and reporting requirements.
FERC Compliance and Enforcement
- Counseling on compliance audits and government investigations.
- Conducting internal compliance reviews and mock audits.
- Counseling on self-reports of regulatory violations.
- Developing trading compliance procedures.
- Training legal, trading and marketing personnel in compliance matters.
- Counseling on Independent System Operator (ISO) and Regional Transmission Organization (RTO) market rules.
NERC Compliance and Enforcement
- Counseling on registration issues.
- Conducting internal compliance reviews and audits.
- Counseling on NERC and Regional Entity compliance audits and on self-reports for generator owners and operators, transmission owners and operators, marketers, and others.
- Developing NERC compliance procedures and advising on critical infrastructure protection (CIP) (cybersecurity), system protection and control, and other Reliability Standards.
- Training legal, compliance and operations personnel in reliability compliance matters.
FERC Litigation
- Advising on FERC regulatory matters in Enron, National Energy & Gas Transmission, Inc. (NEGT) and Power Company of America (PCA) bankruptcies.
- Serving as lead counsel for a market participant accused of gaming in Enron-related show-cause proceedings.
- Serving as lead counsel for a generation and transmission cooperative (G&T) in Midwest ISO proceedings regarding grandfathered agreements (GFAs), seams operating agreement, and generator interconnection complaint.
- Serving as lead counsel for a G&T in Southwest Power Pool proceedings concerning ancillary service rates, generator interconnections, and network facility cost allocations.
- Serving as lead counsel for a public utility district in transmission and ancillary service rate cases.
PROFESSIONAL HONORS AND AWARDS
- Recognized by Chambers USA: Guide to Leading Business Lawyers in the area of electricity regulation and litigation (2011)
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, Electricity Regulation and System Reliability & Planning Committees, Energy Bar Association
- Member, Electricity Committee, Public Utility, Communications and Transportation Law Section, American Bar Association
- Member, Electric Cooperative Bar Association
- Observer, Cyber Attack Task Force, North American Electric Reliability Corporation
- Secretary (2011), Trustee (1995–2011), The Churchill Fund
- Member, The Federalist Society
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- Co-author, “Staying on Track with Reliability Compliance,” Energy Law360 (March 26, 2012)
- Co-author, “Taking Cybersecurity to the Next Level," Energy Law360 and Project Finance360 (February 23, 2012)
- Co-author, "Power Grid Cyber Security Strategies," Managing Power Magazine (January 1, 2012)
- Co-author, "Power Grid Cybersecurity: How to Achieve Results in an Uncertain Regulatory Environment," Managing Power Magazine (November 1, 2011)
- Co-author, “Combating Cybersecurity Threats to the Power Grid,” Energy Law360 (March 17, 2011)
- Co-author, “Preparing for the Inevitable: Mitigating Enforcement Penalties in NERC Hearings and Appeals,” Public Utilities Fortnightly (March 2010)
- Author, “New Enforcement Power for FERC,” Counsel to Counsel (July 2007)
- Speaker, “Managing Compliance with Energy Regulations – Trends in Federal Energy Compliance & Enforcement,” EBA Midwest Chapter’s 15th Annual Energy Conference (March 13, 2012)
- Speaker, “High-Voltage Grid of the Future,” Georgia Tech Clean Energy Speaker Series (May 18, 2011)
- Speaker, "Understanding, Managing & Mitigating Risk Across the Enterprise," TechAmerica's Cybersecurity Forum (February 4, 2011)
- Speaker, “Legal Overview Session,” NRECA 2010 Reliability Compliance Workshop (October 19–20, 2010)
- Speaker, “Post-Conference Workshop: NERC Compliance Strategies and Practices,” American Conference Institute’s 4th National Forum on Energy Trading Compliance (September 28–29, 2010)
- Speaker, “Preparing for a NERC Audit,” Infocast FERC Workshop: Improving Your NERC Compliance Program (April 19, 2010)
- Speaker, “Interlocking Officer and Director Reporting 101: Practice Pointers on FERC Form 561,” Energy Bar Association Young Lawyers Committee Lunchtime 101 Series (March 10, 2010)
- Speaker, Sutherland Webinar: “NERC Audits and Culture of Compliance” (August 10, 2009)
- Speaker, “The NERC Hearing & Appeals Process,” NRECA G&T Legal Seminar (November 6, 2008)
- Speaker, “The Day After: Mitigating Civil Penalties and Reputational Harm When Wrongdoing Is Found by FERC,” American Conference Institute’s National Forum on Energy Trading Compliance (January 28, 2008)
