Energy

Perkins Coie's lawyers are recognized for their focus on all phases of the energy industry. We regularly help clients resolve issues in regulated and unregulated settings, including state and federal regulation, commercial transactions, project permitting, development and finance.

When required, we litigate for our energy clients before agencies and courts at the trial and appellate level.

Our energy clients include participants in all phases of the energy industry, including investor-owned utilities, public agencies, independent power producers, power marketers, natural gas and oil producers, pipelines and end-use customers.

Our lawyers work on projects fueled by natural gas, electricity, oil, coal, ethanol, bio-diesel, methane, LNG, geothermal, solar, wind, hydroelectric and other renewable technologies.

We site projects that generate and save energy, including thermal and renewable power stations, LNG terminals, pipelines and electric transmission lines.

We appear before regulators and agencies including FERC and state agencies in all types of administrative proceedings, including rate cases, certificate proceedings, tariff disputes, enforcement investigations, credit determinations, marketing and open access rules, and rulemakings affecting energy issues.

We draft, help negotiate, interpret and enforce contracts for construction, operation and maintenance of all types of energy projects.

We have the experience and knowledge needed to help large and small clients succeed in the energy industry. We are as comfortable advising clients on traditional ratemaking principles as we are helping clients implement cutting-edge energy technologies and new regulatory programs.

Perkins Coie’s lawyers have established precedent in many energy disciplines and helped to write the regulatory rules for energy market trading, Renewable Portfolio Standard programs, Renewable Energy Credits and climate change programs.

Regulation & Policy 

Perkins Coie lawyers represent regulated utilities and pipelines in all areas, including general rate cases, rate design, tracking and flow-through adjustments, certificate proceedings for natural gas pipelines and gas storage facilities, electric transmission proceedings, hydro licensing, mergers/acquisitions, securities and capital activities and all other areas of energy regulation. We have a dedicated team that practices before the Federal Energy Regulatory Commission (FERC) working on matters involving electricity, natural gas, oil pipelines, hydroelectric licensing and regulation, QF/EWG requirements, and mergers and acquisitions.

Our regulatory teams also represent clients before organized energy and transmission markets, including the Midwest ISO, ISO New England, PJM, New York ISO, California ISO, ERCOT and the Bonneville Power Administration.

Perkins Coie is one of the few national law firms with a large team of energy lawyers experienced with all aspects of state regulation. Our work before state public utility commissions includes preparation and prosecution of major electricity and natural gas rate cases, proceedings involving the construction, siting and setting of rates for transmission facilities and pipelines, merger/acquisition approvals, security issuance and many other issues.

Perkins Coie lawyers also help clients develop policy at both the state and federal level. We regularly present comments in agency ratemaking and rulemaking proceedings, provide testimony before legislative committees and negotiate with federal and state environmental, safety and power marketing agencies.

Commercial Transactions & Project Finance 

Perkins Coie lawyers represent energy companies in all the commercial transactions involved with building, buying, selling and operating energy facilities. From financing new projects to performing due diligence on energy facility acquisitions and sales, our attorneys work throughout the United States and in many foreign countries.

We also assist clients to negotiate agreements for power purchase and sales, fuel supply and transportation, electric transmission and interconnection, as well as gas and oil transportation. Our lawyers have negotiated, developed and restructured power purchase agreements, as well as worked regularly on project engineering, procurement and construction (EPC) contracts, facility operation and maintenance contracts, energy trading, and financial derivatives.

Perkins Coie attorneys counsel clients on project and portfolio finance and acquisitions, including fatal-flaw analysis and due diligence evaluations, as well as on equity and contractual joint ventures and energy investments.

Project Permitting & Development 

We have significant experience helping companies implement their project development plans, including energy resource and project development, site selection, real estate and water rights acquisition, and state and federal public land use leases and authorizations.

We permit energy facilities throughout the United States and abroad and we advise clients concerning federal, state and local siting statutes, licensing proceedings, federal and state environmental laws and local land use requirements. We have helped clients successfully develop numerous facilities, including licensing hydroelectric facilities, and certifying LNG facilities. We have helped our clients obtain permits for a wide range of energy projects, including oil and gas pipelines, new thermal power plants, wind and solar projects and new electric transmission facilities.

Energy Litigation 

Perkins Coie lawyers regularly litigate electric, gas and oil pipeline rate cases and certificate cases before FERC, as well as before the state public utility regulatory commissions. From fully litigated cases involving electricity, natural gas and oil issues to "paper hearings," our attorneys provide clients with experience, dedication and creativity to successfully resolve complex, multiparty proceedings.

We also routinely represent energy companies in appeals of regulatory decisions. We have worked on precedent-setting cases, and many of our attorneys have been recognized for their litigation skills and accomplishments. Outside of the regulatory context, we prosecute and defend energy companies in state and federal courts throughout the United States on contract issues and the full range of commercial disputes. We regularly support clients through administrative adjudications governing project siting, licensing and rates, and through judicial appeals of administrative decisions and permits.

Our experienced litigation team also represents energy companies in federal and state courts regarding antitrust, RICO, fraud, tort or other claims related to the energy industry or the provision of tariff services, as well as condemnation proceedings and actions involving government contracts before the U.S. Court of Federal Claims.

Energy Counseling