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Energy

Energy

Experienced Representing Both Power Producers and Consumers

We provide comprehensive regulatory, compliance, and litigation services to the electricity, oil and gas, and renewable and alternative energy industries. Our clients include electric generation, transmission, and distribution companies, oil and gas pipeline companies, refiners, and large industrial consumers.

Power Generation, Transmission, Pricing, and Compliance Counsel

Our energy lawyers advise clients on a broad range of federal and state regulatory issues, including ratemaking, transmission access and pricing, investigations, and regulatory compliance. We assist clients with facility planning and development, and acquisitions and dispositions. We also handle all environmental aspects of facility siting, development, and operations, including environmental permitting, land rights and easements, environmental review, water rights, climate change issues, and regulatory compliance.

Successful Record Helping Clients with FERC and Other Regulatory Issues

Our energy lawyers have extensive experience practicing before the Federal Energy Regulatory Commission, state utility commissions, and other federal and state agencies, on a variety of regulatory and litigation matters, including transmission access proceedings and rate cases. Our attorneys handle regulatory and environmental disputes in federal and state courts throughout the United States, and in arbitrations and mediations, on issues that cannot be resolved through negotiation.

Experience

  • Climate Change
  • Conventional Generation, Hydroelectric Power Alternative Energy and Renewables
  • Electric Power 
  • Environmental Review
  • Natural Gas Contracts, Transmission, and Distribution
  • Oil Pipeline Regulation
  • Permitting
  • Power Sales Contracts
  • Project Development
  • Ratemaking

Representative Client Work

Transmission Agreements

  • Assisted multiple wind power developers in obtaining substation access, generation integration and network transmission access.
  • Represented a publicly owned utility on transmission access and reserves issues.
  • Represented large natural gas combustion turbine developers in obtaining substation access and network transmission.
  • Represented an international power project developer on transmission access issues related to potential project acquisitions.
  • Represented a wind power developer in acquiring generation integration transmission rights of way.
  • Negotiated transmission agreements for a major wood products company, for its national facilities.

Project Development

  • Represented a solar power development company on permitting, transmission and power purchase agreement matters related to three potential project sites.
  • Advised a member-owned utility on handling potential air traffic impacts on a proposed wind project.
  • Assisted in developing a 1 MW fuel cell test generation project at an electrically sensitive site.
  • Advised steel producer on developing a natural gas pipeline from Sauvie Island, Oregon, to the Rivergate Industrial Park in Portland, which crossed Native American sites. Matter included obtaining a federal certificate to tap into an interstate pipeline, securing concurrence from FERC, and working with Oregon State Historic Preservation Office to obtain review and approval of the pipeline.
  • Helped a Public Utility District permit a large electrical transmission and distribution project in one of the most environmentally sensitive areas in Washington. We assisted in preparing the environmental impact statement (“EIS”) for the project, including hundreds of public comments. We successfully defended the project against Washington State Environmental Policy Act (SEPA) challenges at the trial court and the Court of Appeals, and then helped the client to obtain the necessary permits and acquire the necessary rights of way to get the project built.
  • Represented a major gas pipeline on state and federal issues related to the development of a natural gas storage facility.
  • Represented a client with simultaneous development of two large natural gas combined cycle combustion turbine generating facilities and in obtaining transmission-related permitting and network transmission.

Ratemaking

  • Represented forest products company in 14 states in adjudicating electric power rates to be paid by the company’s facilities.
  • Represent owners of Qualifying Facilities (cogenerators) in obtaining favorable rates for sale of power.
  • Represent an industrial trade association before state and federal regulatory agencies regarding electric power rates to be paid by the association’s members.
  • Represented a client before the Federal Energy Regulatory Commission to acquire Qualifying Facility status for cogeneration facilities.
  • Represented an interstate natural gas pipeline in FERC ratemaking proceedings and related federal circuit court appeals.
  • While serving as in-house counsel, represented a federal power marketing administration in contested case rate proceedings and in ensuing Federal Energy Regulatory Commission proceedings and related appeals.

Acquisitions and Joint Ventures

  • Represented a consumer-owned utility in the acquisition of a federally owned hydroelectric facility in conjunction with the dissolution of a federal agency, and obtained an environmental indemnity for the client.
  • Represented a joint venture between interstate natural gas pipelines to construct international facilities.
  • Represented a joint venture between a local gas distribution company and an interstate natural gas pipeline to develop a gas storage facility at a major gas hub.
  • Assisted a joint venture between a steel company and cement plant in obtaining necessary rights of way, historic preservation approvals, river crossing permits, and federal NEPA compliance relating to large natural gas pipeline.

Environmental and Regulatory Issues

  • Advised a solar project developer on environmental issues presented by installations at several sites in California and New Jersey, including a federal Superfund site and a site that contained critical habitat for an ESA-listed species, and advised the developer in allocating environmental attributes of its California project.
  • Advised a major oil pipeline on environmental and regulatory matters, including participating in development of significant air pollution control regulations and advice on implementing the resulting rules; regulatory interpretations; air and wastewater discharge permitting; permit appeals; advice on oil spill response, cleanup and cost recovery; litigation over regulations, agency user fees, and rights-of-way; and electric power purchase agreements.
  • Assisted an Alaska utility in negotiating fish and wildlife mitigation measures and addressing state water quality concerns during FERC relicensing of a hydroelectric project in Alaska.
  • Represented a consortium of electric power customers of federal agency in development of environmental impact statement relating to electric power supply and contracts, and represented clients in related federal circuit court litigation.
  • Advised an Alaska community on environmental, fish, and wildlife issues presented by a proposed lake tap hydroelectric project.
  • Represent an Oregon water district in negotiations for fish passage improvements to an existing FERC-licensed hydroelectric project.
  • Helped a member-owned utility develop an environmental impact statement for a major transmission line involving a water crossing through sensitive habitat for a federally protected beluga whale population, as well as potential routes through a federal wildlife refuge.
  • Advised an independent power developer on carbon management and NEPA requirements related to proposed coal-gasification and polygon projects in Oregon, Montana, and Texas.

Permitting

  • Represented an independent power developer in connection with land and water rights acquisition and environmental and land use permitting for a power plant in Washington State.
  • Assisted a multi-national energy company in reviewing comprehensive state and federal permits required to construct multi-state electric power transmission project.
  • Represented the staff of a public utilities commission in a facilities permitting and siting proceeding involving a large coal-fired generation project.
  • Represented a project developer in obtaining permits for the transmission portion of large thermal generation project.
  • Assisted a multi-national energy company in reviewing comprehensive state and federal permits required to construct multi-state electric power transmission project.
  • Represent a developer of two natural gas combined cycle combustion turbine projects to obtain needed permits for transmission corridors and federal NEPA compliance related to interconnection of generation integration transmission lines.

Electric Power Supply Agreements

  • Represented an aluminum company in obtaining multiple electric power supply agreements and in related federal circuit court litigation.
  • Represented four steel companies in negotiating long-term electric power supply agreements.
  • Represented a large national wood products company in negotiating special contracts with both publicly owned and investor-owned utilities.
  • Represented an electric power project developer in negotiating two power purchase agreements with multi-state investor-owned utility.
  • Negotiated electric power agreements on behalf of consumer-owned utility with wholesale electric utilities and large commercial customers.
  • Represented a large hospital with cogeneration in negotiating electric power supply agreements.
  • Represent an aluminum company in negotiating agreements to split power-contract between the client and a manufacturer acquiring a portion of the company’s manufacturing facilities.
  • Advised a major wood product company in developing and obtaining power sales contracts for cogeneration projects for facilities Oregon, Kentucky, Pennsylvania, Arkansas, and Louisiana, and represented the client in regulatory proceedings with regard to those projects.
  • Represented a major oil pipeline in the acquisition of electric power supply to operate pumping stations.
  • Represented an aluminum company in obtaining international electric power supply agreement for plant expansion.
  • Represented an aluminum company on issues associated with cost-allocations in electric power supply agreement related to climate change initiatives.

Natural Gas Supply and Transportation

  • Represented a national wood products company in multiple jurisdictions in negotiating short- and long- term natural gas supply and transportation agreements.
  • Represented a steel company in obtaining long-term market-adjusted natural gas supply contract.
  • Represented a cement company in obtaining permission for interstate natural gas pipeline interconnection and negotiated a settlement agreement with a local gas distribution company.
  • Represented multiple clients in the review of acquisition of in-ground natural gas supplies.
  • Represented a steel company in obtaining multi-facility natural gas supply agreement.
  • Represented regulated consumer-owned utility in obtaining approval of long-term natural gas supply in multi-party contested case proceeding.
  • Assisted a steel company in obtaining permits and rights of way for construction of pipeline to directly interconnect with interstate natural gas pipeline. Included major navigable river crossing.
  • Assisted an interstate natural gas pipeline in obtaining contested rights of way over national forest land.

Litigation, Mediation and Arbitration

  • Represented a client at FERC in opposing the licensing of a pumped-storage project, and in a related federal circuit court appeal.
  • Represented an Interstate Pipeline in settlement proceedings involving contested right of way on federal lands.
  • Litigated at FERC over interconnection charges, transmission study cost allocations and transmission pre-payment obligations.
  • Engaged in mediation and arbitration of transmission disputes between utilities.
  • Represented an industrial consumer in obtaining contested interstate natural gas pipeline interconnection and in related litigation.
  • Assisted an interstate natural gas pipeline to settle threatened NEPA litigation regarding rights-of-way over U.S. Forest Service land.
  • Helped an interstate pipeline to resolve litigation contesting right of way on environmental and safety grounds.
  • Represented a consumer-owned utility over a twenty-year period in adjudicating rate cases before a state regulatory commission.

Other

  • Represented a consumer-owned utility in a hydroelectric power relicensing proceeding at FERC.
  • Assisted an interstate natural gas pipeline in compliance with marketing affiliate rules and in developing related training materials and staff training.
  • Represent an oil pipeline on interconnection and access issues.
  • Represent an oil pipeline in connection with telecommunications regulation of microwave and fiber optic control equipment.

Michael C. Dotten Practice Head

Michael C. Dotten

Michael Dotten has practiced in the energy, environmental, and administrative law fields for over thirty years, representing utilities, energy project developers, large industrial energy consumers, and governmental agencies. He also serves as an arbitrator and mediator in complex regulatory and commercial disputes. More »

Richard H. Allan

Richard H. Allan

Richard Allan is the managing partner of the firm’s Portland office. Richard represents developers in the acquisition, siting, expansion and operation of major projects, with an emphasis on energy facilities, but also including industrial facilities, ski areas, and destination resorts. More »

Andrew C. Bell

Andrew C. Bell

Andrew Bell advises clients on the permitting of large-scale energy and real estate development projects on private lands in California and on federal public lands across the western United States. He represents some of America’s largest private and publicly traded corporations before local, state and federal regulatory agencies on a daily basis. More »

Svend A. Brandt-Erichsen

Svend A. Brandt-Erichsen
Svend Brandt-Erichsen has been an environmental lawyer for 25 years, with 20 years in private practice. His practice is focused on the development and ongoing operation of energy and natural resource projects.

Myles A. Conway

Myles Conway

Myles Conway has 24 years of practice experience working in the areas of real estate law, land use, public lands, environmental law and mining. Mr. Conway assists clients with real estate and development projects throughout the Pacific Northwest and Alaska. More »

Kevin T. Haroff

Kevin Haroff

Kevin Haroff is the managing partner of the firm’s San Francisco office. He has represented businesses, individuals, and governmental entities in civil litigation and regulatory matters for more than 25 years. More »

Jessica K. Ferrell

Jessica K. Ferrell

Jessica Ferrell's practice focuses on environmental and natural resource litigation. She represents public and private clients in cases arising under the Endangered Species Act, the Magnuson-Stevens Fishery Conservation and Management Act, NEPA, CERCLA, MTCA, the Clean Water Act, and other federal, state, and local environmental laws. More »

Daniel L. Timmons

Daniel L. Timmons

Daniel Timmons's practice focuses on environmental permitting and compliance, energy, and natural resources litigation. He brings a strong scientific background to his legal work, and has particular experience with water resources allocation and water quality issues. More »

Alcoa Inc.: Bonneville Power and U.S. Appellate Proceedings

We represent Alcoa Inc. in its relationship with Bonneville Power Administration and in related U.S. appellate proceedings. Following Ninth Circuit Court of Appeals litigation in which we represented Alcoa, we have negotiated a contract that permits the continued operation of Alcoa's smelter in Ferndale, Washington. More »

Alyeska Pipeline Service Company: Permitting and Electric Power Agreements

We are counsel to Alyeska Pipeline Service Company on air, water, and waste issues. We handle permit appeals, regulatory interpretation, agency negotiations, and support for negotiations; assist with permitting of new and modified facilities; negotiate electric power agreements; and provide antitrust counseling. More »

Natural Gas-Fired Power Plant

Richard Allan represents an investor-owned utility in obtaining state authorizations for multiple phases of a natural gas-fired power plant. His representation has involved preparation of numerous applications, defense of an administrative contested case,  and negotiation of agreements for public facility improvements. More »

Pattern Energy: First Utility-Scale Wind Project in Nevada

Marten Law has successfully represented Pattern Energy, the developer of the first utility-scale wind project in Nevada – the 150 MW Spring Valley Wind Project – in the Interior Board of Land Appeals, the U.S. District Court for Nevada, and the Ninth Circuit. More »

Regional Air Authority: Title V Operating Permit Challenge

We represented a regional air authority in the successful defense of a Title V air operating permit issued to Washington State’s only coal-fired power plant. The permit was challenged by environmental plaintiffs on the grounds that it fails to include limits on carbon dioxide and mercury emissions. They also sought a more stringent nitrogen oxide limit for the plant. More »

Summit Power Group Inc.: Dept. of Energy Grant for First Integrated Gasification Combined Cycle Project in U.S.

We assist this independent power developer, which is building the first integrated gasification combined cycle (IGCC) project in the U.S. to use carbon capture and sequestration. We have provided advice on a federal Dept. More »

Wind Developers: Substation, Distribution and Transmission Access

We have represented wind power developers in obtaining critical substation, distribution, and transmission interconnection access to permit wind developers to obtain access to favorable markets. More »