Brian’s practice focuses on federal and state energy regulation, with a particular emphasis on Federal Energy Regulatory Commission (FERC) restructuring of electricity markets, Regional Transmission Organization (RTO) and Independent System Operator (ISO) operations, and rate regulation.
Brian’s practice encompasses all major issues involving the regulation of the electric energy and natural gas industries. He has extensive experience with the rules governing operation of RTO/ISO markets, and has advised clients on a wide range of RTO/ISO matters, including financial transmission rights (FTRs) and auction revenue rights (ARRs), market design and operations, resource adequacy and capacity market issues, Order No. 1000 and related planning issues, transmission cost allocation, and price formation and uplift charge issues. Brian also has substantial experience with almost all other aspects of FERC electricity regulation under Part II of the Federal Power Act (FPA), the Public Utility Regulatory Policies Act, and the Public Utility Holding Company Act of 2005, including market-based rates, cost-of-service ratemaking and FERC’s Uniform System of Accounts, FERC review and approval of mergers and asset dispositions under FPA Section 203, open access transmission issues under Order Nos. 888 and 890, generator interconnection agreements and related issues, FERC affiliate rules (especially the code and standards of conduct), securities issuances under FPA Section 204, rate filing requirements under FPA Section 205, the Mobile-Sierra Doctrine, Qualifying Facility (QF) qualification and exemptions, Exempt Wholesale Generator (EWG) issues, market manipulation, reliability regulation by FERC and the North American Electric Reliability Corporation (NERC), and issues involving the scope of FERC jurisdiction and the dividing line between FERC and state authority over electric markets. Brian also has experience advising clients on natural gas issues, including FERC’s capacity release rules and the negotiation of precedent agreements, as well as the licensing of hydroelectric projects.
Brian was the primary drafter of the Retail Electric Competition and Consumer Protection Act of 1999, which is Washington, DC’s electric retail access legislation. Brian is admitted to practice before the US Court of Appeals for the District of Columbia Circuit and the US Court of Appeals for the Ninth Circuit.
