Sutherland long has been known for its representation of clients before administrative and regulatory agencies at both the federal and state level. We regularly assist our clients in securing necessary authorizations and waivers and in the development and filing of rates, terms and conditions of electricity service. For example, Sutherland has filed for and obtained numerous authorizations for market-based rates, securities issuances, mergers and transfers of jurisdictional assets, transmission tariffs and rates (jurisdictional and non-jurisdictional), and export certificates. We have advised clients as to market design and related issues for the New England ISO, New York ISO, Midwest ISO, Southwest Power Pool, California ISO, and other similar entities.
Sutherland also appears regularly in contested matters, participating in all aspects of administrative litigation, from discovery to hearings to briefing, and in all manner of proceedings, from rate cases to mergers to market power proceedings. For example, our lawyers successfully defended an independent power producer against complaints arising out of the Western power crisis, and we are lead counsel in several recent proceedings seeking to remedy market power. We also have successfully defended an electric cooperative’s grandfathered transmission agreements in the development of the Midwest ISO markets.
Our clients also look to us for advice and advocacy in responding to and defending against FERC, North American Electric Reliability Corporation ("NERC") and other governmental investigations, including the Commodity Futures Trading Commission ("CFTC"). We also counsel our clients in all facets of compliance matters. For example, we successfully represented an electric cooperative utility in the Enron-related show-cause investigations into market manipulation, and more recently assisted a generator in connection with the New England price spike investigations. We regularly conduct legal and business training sessions for our clients concerning compliance with FERC and other federal agency regulations and policies, and have developed compliance programs and procedures manuals.
Our lawyers have participated in all aspects of FERC rulemaking and policy initiatives, including generator interconnection, standard market design, regional transmission organization, affiliate transaction, transmission pricing, and implementation of the Energy Policy Act of 2005.
In Texas, Sutherland represents a variety of clients, including generators, industrial consumers and retail electric providers (REPs) before the PUCT. We also participate regularly in matters before ERCOT and represent clients in connection with various ERCOT committees, workshops and rulemakings. We also regularly advise sellers of electricity within ERCOT concerning regulatory compliance matters.
Our energy litigation practice builds on over 30 years' experience before federal and state regulators, and ranges from conventional rate and merger proceedings to the issues that are at the forefront of the industry, such as market power and competition, transmission access and market manipulation.
© 2008 Sutherland