Ted’s practice focuses on federal energy regulation, particularly FERC regulation of electricity and natural gas transmission, markets, and transactions.
Ted also focuses on FERC and NERC reliability issues (including cybersecurity), advising clients making acquisitions or investments that implicate the Federal Power Act, the Natural Gas Act, the Public Utility Regulatory Policies Act of 1978, and the Public Utility Holding Company Act ("PUHCA") of 2005, and the implementation of federal policies designed to promote the development of renewable energy.
Most recently, Ted’s practice has concentrated on representing Independent System Operators in their dealings with FERC and NERC and on providing regulatory support to the firm’s transactional lawyers in connection with various energy sector deals.
Relevant Experience
- Involved in various federal regulatory issues encountered by Independent System Operators, including tariff and market rule revisions, FERC rulemaking proceedings, responding to complaints at FERC, other FERC-related litigation, and reliability.
- Advised clients in connection with FERC and NERC audits regarding operations, compliance and OASIS issues.
- Worked on various merger and asset transfer transactions involving traditional utilities, tax equity investors, independent power producers, and other market participants with special emphasis on issues arising under Section 203 of the Federal Power Act, market power, market structure, QF exemption, EWG, and PUHCA issues.
- Advised client regarding FERC natural gas certificate and policy issues.
- Advised client regarding FERC-CFTC jurisdictional issues in the aftermath of the Dodd-Frank Act.
- Advised client and drafted comments both in the NERC stakeholder process and before FERC with respect to the certification of NERC as the "Electric Reliability Organization" (“ERO”) for the United States and ERO budget issues. Advised client on questions concerning ERO/FERC enforcement authority in the reliability sphere.
- Monitored development of NERC and Regional Entity reliability standards and compliance and enforcement programs.
- Advised clients on regulatory and corporate structure questions arising under PUHCA 1935. Arranged for, and participated in, discussions with SEC staff regarding possible PUHCA 1935 implications of proposed transactions or business activities.
- Monitored the development of federal energy legislation and addressed client questions regarding its implications for FERC and PUHCA regulation.
- Represented an independent power market monitoring entity in the Midwestern United States before FERC.
- Worked on the restructuring of an established “tight” power pool into a new ISO.
- Represented an electric utility in a state proceeding on affiliate code of conduct and other “second-generation” deregulation issues.
- Participated in FERC natural gas rulemaking proceedings.
- Attorney Advisor, FERC Office of Administrative Law Judges, 1996.
