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 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.
- 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 compliance audits and counseling on self-reports for marketers, generator owners and operators, and others.
- Developing NERC compliance procedures.
- Training legal 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 AND COMMUNITY INVOLVEMENT
- Member, Electricity Regulation and Compliance Committee, Energy Bar Association
- Member, Electricity Committee, Public Utility, Communications and Transportation Law Section, American Bar Association
- Trustee, The Churchill Fund
- Member, The Federalist Society
RECENT PUBLICATIONS AND SPEAKING ENGAGEMENTS
- 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, “Preparing for a NERC Audit,” FERC Workshop: Improving Your NERC Compliance Program (April 19, 2010)
- Speaker, "Interlocking Officer and Director Reporting 101: Practice Pointers FERC Form 561," Energy Bar Association Young Lawyers Committee Lunchtime 101 Series (March 10, 2010)
- Speaker, Webinar: “NERC Audits and Culture of Compliance: Practice Pointers” (August, 10, 2009)
- 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 30, 2008)
- Speaker, “The NERC Hearing & Appeals Process,” NRECA G&T Legal Seminar (November 6, 2008)
- Contributor, Offshore Energy Law Blog