Bruce L Richardson

Regulatory and Litigation Practice

• Regulatory Compliance. Advice to clients on regulatory compliance matters, including Federal Energy Regulatory Commission (“FERC”) exempt wholesale generator activities, electronic quarterly report compliance, separation of functions, and FERC Standards of Conduct requirements. Representation of clients before FERC on regulatory compliance, including Standards of Conduct and open-access transmission policies.
  
  
• Regulatory Policy. Draft comments in connection with federal and state policy statements and rulemakings. Appear on behalf of clients in connection with development of regulatory policy. Participate in litigated proceedings in the formation of regulatory policy.
  
  
• Regulatory Representation. Represent clients in connection with utility restructuring, affiliated utility issues, regional transmission organizations, reliability procedures, transmission access and pricing (including service over the ERCOT DC ties), ancillary services, market-based rate proposals, power supply purchases and sales, retail wheeling, independent power production, wholesale electric customer disputes, and interconnection matters.
  
  
• Transaction Support. Regularly assist clients in obtaining regulatory approvals in connection with power plants, mergers, asset sales, and asset acquisitions.
  
  
• Electric Reliability. Consults with clients on compliance with the North American Electric Reliability Corporation (“NERC”) electric reliability standards and requirements. Represents clients on registration issues at the NERC regional level, at NERC, and before FERC. Negotiates at the NERC regional level both the applicability of and compliance with reliability standards and requirements.
  
  
• Rate Litigation. Assist clients in the development of cost-based rate filings for services subject to FERC jurisdiction. Appear before FERC in reactive service proceedings and transmission rate proceedings. Advise and represent clients in all facets of regulatory hearing process, including settlement, discovery, depositions, testimony preparation, witness preparation, hearing strategy, cross-examination, and briefing.
  
  
• Contract Termination. Represent clients in challenges to existing wholesale electric service contract arrangements in litigated proceedings before FERC.
  
  
• Merger Litigation. Represent clients before FERC in complex merger proceedings.

• Long-Term Power Agreements. Negotiation and drafting of long-term power agreements, including a ten year tolling agreement for an independent power producer.
  
  
• Master Agreements/Proprietary Agreements. Negotiation and drafting of terms and conditions under power master agreements and propriety agreements, gas master agreements and propriety agreements, coal master agreements and propriety agreements, and derivative master agreements. Contract review of energy commodity contracts for pre-bankruptcy energy trading companies. Post-bankruptcy negotiations for liquidation of energy trading companies.
  
  
• Security Arrangements. Negotiation and drafting of security arrangements, including guaranties, letters of credit, prepayment, and lock-box arrangements for energy trading client and project development clients.
  
  
• Retail Supply Arrangements. Development of proprietary master agreement and supporting security arrangements for use by energy trading client with retail suppliers in retail electric market.
  
  
• Interconnection Agreements. Representation of utilities and independent power producers on interconnection matters, including negotiation of interconnection agreements.
  
  
• Mergers and Acquisitions. Representation of independent power, private equity, and industrial company acquisition and sale of electric generating assets. Representation of utilities in mergers, including the first three-way electric utility merger.

• Project Development. Support clients in the development of electric generation projects in numerous states. Advise on responses to requests for proposals. Negotiate project contracts, including real property acquisition and easements, equipment procurement, supply contracts, interconnection, and power sales.
  
  
• Project Operation and Management. Advise generating facilities on contract issues, including procurement, contract disputes, and operation and maintenance contracts. Support clients on asset management issues.