Carol A. Smoots

Carol Smoots is a partner in the firm’s Washington, D.C. office and has more than 25 years of experience representing energy companies in domestic and international energy transactions, as well as in regulatory proceedings before federal and state regulatory bodies. Ms. Smoots provides energy counseling on contracts, electricity and gas rates, regulatory compliance issues, Independent System Operator rules, FERC enforcement actions and regulatory appeals. She also works with all major renewable fuels, including solar, biomass, wind, landfill gas, geothermal and hydroelectric resources.

Ms. Smoots regularly represents power marketer, independent power producer and utility clients in electric, gas and hydroelectric regulatory proceedings before the Federal Energy Regulatory Commission and numerous State commissions. This work includes tariff issues, rate cases, contract issues, complaints, enforcement matters, the certification of new electric generating facilities, gas pipeline and gas storage facilities and the relicensing of hydroelectric facilities.

Ms. Smoots represents energy companies on the construction and operation of energy projects, including interconnection issues, transmission access and regulatory compliance. Her transactional experience includes the preparation and negotiation of hundreds of power purchase agreements and the resolution of contract disputes.

Energy Marketing Companies

Ms. Smoots represents over 12 power marketing companies and financial or "virtual" energy marketers and has been involved in all Federal Energy Regulatory Commission proceedings affecting this sector. She also represents power marketing companies in many Independent System Operator and Regional Transmission Organization (ISO/RTO) proceedings.

• Routinely works on tariff disputes, operating rules, financial security, supply charges and other issues involving all of the ISO/RTO systems in the U.S.
• Successfully filed a Petition for Mandamus relief from the D.C. Circuit Court leading to a FERC Order eliminating the retroactive application of electricity supply charges for virtual traders in the MISO RSG proceedings.
• Successfully defeated ISO efforts to impose minimum net worth requirements and defeated many ISO proposals to impose high bid charges and unfair security requirements.

• Represents gas and electric utilities in all types of regulatory proceedings before the FERC. This work includes rate cases, certificate proceedings and a broad range of ISO/RTO issues and proceedings. 
• As the former head of the Washington, D. C. office for a major interstate pipeline system, Natural Gas Pipeline Company of America and MidCon, Ms. Smoots worked on many pipeline construction and expansion certificates, rate cases and regulatory issues affecting the gas industry.
• A lead party in many pipeline rate cases on behalf of gas distribution companies located in the Northeast and Northwest.

• Conducts FERC compliance training programs and prepares training manuals for IPPs, power marketers and other types of regulated energy companies.

• Assists companies with all market based rate, EWG and QF filings and issues.
• Counsels companies on the sale or purchase of energy facilities, including due diligence reviews and regulatory approvals/compliance.
• Assists energy project developers in obtaining grants, loans and other types of project funding from DOE and other federal entities.

• Represented local governments in several precedent setting hydro proceedings involving the socioeconomic impacts of hydro projects.

• Regularly prepares and negotiates energy sales agreements and transmission contracts for energy companies, as well as works on contract disputes before state courts and regulatory bodies. 
• Successfully renegotiated dozens of power purchase agreements and gas supply and transportation contracts as part of statewide or utility specific contract restructuring initiatives in California, New York, Connecticut and other States.
• Worked on the development of several model energy contracts for electricity sales, natural gas transportation and the trading of renewable energy credits ("RECs"). Co-led a project sponsored by the American Bar Association's Renewable Energy Committee to develop a model master contract for trading REC and other environmental attributes.

• Led a large, international team in the renegotiation of 27 power purchase contracts worth more than $28 billion, on behalf of the government owned electric utility in Indonesia, PLN. This was one of the largest power contract restructuring efforts ever undertaken and almost all viable projects were preserved.
• Prepared all power purchase, construction and other contracts associated with a large, barge-mounted power project in Karachi, Pakistan.

• Negotiates and drafts power sales contracts for solar, biomass, landfill gas, geothermal cogeneration and hydroelectric facilities.
• Represents renewable energy projects before all ISOs/RTOs on transmission and power sales issues.
• Represents renewable project developers in negotiations and litigation involving transmission and interconnections issues, including queue positions, interconnection costs and transmission rights.
• Represents QFs and EWGs in all types of FERC proceedings, including several precedent setting cases protecting the rights of renewable facilities.
• Counsels companies on the sale or purchase of renewable energy facilities, including due diligence reviews and regulatory approvals.
• Counsels companies on the sale of RECs and other environmental attributes. Helped develop Renewable Energy Portfolio Standards in several jurisdictions and co-led a national effort to develop a master contract for the sale of Renewable Energy Credits and other environmental attributes.

Professional Recognition

• Peer Review Rated AV in Martindale-Hubbell
  

  (AV®, BV® and CV® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.)

Professional Leadership

• American Bar Association, Environment and Natural Resources Committee and Renewable Energy Committee, Vice Chair
• International Bar Association
• Energy Bar Association, Former Director and Officer
• Interstate Natural Gas Association of America, Government Affairs and Regulatory Affairs Committees, Former Vice Chair
• American Gas Association, Federal Policy Development Committee, Former Vice Chair
• Energy Law Journal, Former Editor
• Natural Gas Lawyer's Journal, Founder and Former Editor

Related Employment

• Thelen Reid & Priest LLP, Washington, D.C., Partner
• McKenna & Cuneo, LLP, Washington, D.C., Partner
• MidCon, Natural Gas Pipeline Co. of America, Occidental Petroleum Corp., Washington, D.C., Director of Government Relations
• American Gas Association, Washington, D.C., Counsel
• Bonneville Power Administration, Washington, D.C., Attorney