FERC Regulation & Policy Development

Van Ness Feldman counsels numerous electric utilities before the Federal Energy Regulatory Commission (FERC). The firm is uniquely situated to understand the business and regulatory challenges facing electric utilities, and to use that substantive understanding to effectively develop and execute a comprehensive legislative strategy for utility companies' interaction with Congress and the Administration.

Van Ness Feldman is also ideally positioned to advance the electric industry's advocacy agenda in Washington, D.C. Members of the firm have positive relationships with leading electricity trade association and industry groups, working with those groups and our clients whenever needed to provide briefings and education sessions on important policy issues facing electric utilities.

Generation & Transmission Assets

Van Ness Feldman has substantial expertise in representing clients in the many policy debates that impact generation and transmission assets, including: Clean Air Act reauthorization; global climate change; extension of FERC regulation; regional management of transmission assets; siting policies; federal public land law; Endangered Species Act; renewable and energy efficiency; clean coal initiatives and natural gas policy and regulation.

Examples of our work include:

• Federal Energy Regulatory Commission. Beginning in 1999, the firm represented the Large Public Power Council (LPPC) in its successful efforts to turn back attempts by investor-owned utilities and merchant generators to subject public power entities to full FERC jurisdiction.
• Energy Saving Performance Contracting. Working on behalf of the Alliance to Save Energy and a coalition of dozens of prominent energy service providers, the firm assisted in working with Congress and with the Bush Administration at the White House, Department of Energy and the Office of Management and Budget to devise a successful strategy to restore energy saving performance contracting. This 10-year reauthorization should put the federal government back on track to meet the President’s energy performance goals, save energy, and save hundreds of millions of taxpayer dollars annually.
• Clean Coal Technology. The firm manages the Coal Utilization Research Council (CURC), a coalition of industry and educational institutions with an interest in promoting clean coal technology. CURC was a principal player in designing and advocating passage of the nearly $7.0 billion in federal government incentives and authorizations for integrated gasification combined cycle (IGCC) and other clean coal technology programs now included in the Energy Policy Act of 2005.
• Renewable Electricity Incentives.  Representing the geothermal energy industry, the firm led a multi-renewable industry effort to extend and expand the scope of the renewable energy production tax credit as part of the National Energy Policy Act of 2005.

Obtaining Federal Grant and Tax-Advantaged Bond Funding

The Energy Policy Act of 2005 created the Clean Renewable Energy Bond Program, which made available $800 million in bond authority for municipalities and rural electric cooperatives to develop renewable electric generation projects. The next Congress must make available additional bonding authority for this program to continue.

In addition, competitive and congressional earmarked grant funding is available, on an annual basis, for innovative energy initiatives through the Environmental Protection Agency’s State and Tribal Assistance Grant Program.

Our work in this area includes: 

• Renewable Energy Bonds.  Representing the National Rural Electric Cooperative Association, and working with the American Public Power Association and LPPC, the firm helped to create a new category of tax credit bonds, known as the Clean Renewable Energy Bonds (CREBs). Rural electric cooperatives, municipal utilities and Indian tribes may issue these bonds, which provide a tax credit to the purchaser, and use the proceeds to develop renewable electricity generation projects.
• Private Use Bond Restriction. The firm represented LPPC in legislative efforts to modify private use restrictions on municipal bonds issued for energy infrastructure projects. This was a multi-year project where Van Ness Feldman worked with LPPC’s bond counsel and to the bond counsel of individual LPPC members to successfully modify federal policies that otherwise would have significantly disadvantaged large municipal power owners of significant generation assets.

Developing Transmission Right of Ways/Utility Corridors

The Energy Policy Act of 2005 requires the Secretary of Energy to study and designate national interest electric transmission corridors and provides FERC with back-up siting authority in those corridors (including federal eminent domain authority).

In addition, the Department of Energy and eight other federal agencies signed a Memorandum of Understanding on Early Coordination of Federal Authorization and Related Environmental Reviews Required to Site Transmission Facilities on Federal Lands. This memorandum establishes a framework to expedite all applicable land use authorizations, related environmental, cultural, and historic preservation reviews, and any other approvals that may be required under Federal law in order to site an electric transmission facility.

Van Ness Feldman maintains an active public rights of way practice which helps clients proactively develop and implement strategies that anticipate and address critical issues. The firm’s multi disciplinary approach helps clients manage and expedite federal approvals, permits, clearances, rights of way grants, special use permits, and plans of development for projects on public lands, in full compliance with the Federal Land Policy Management Act, National Forest Management Act, Endangered Species Act, and Telecommunications Act of 1996. The slow pace of implementation of this new authority and the priorities behind the current Administration’s efforts to identify “national interest” electric transmission corridors and transmission corridor planning for solar, wind and renewable projects will be reviewed by a new Congress.