Omar Bustami

Omar represents energy generation companies, project developers, industrial users of energy, businesses, manufacturers, and municipal utilities in a broad range of litigation and regulatory investigations and proceedings involving the power sector. He also advises clients in telecommunication matters involving cell phone antennae and energy-related issues.

A significant portion of Omar’s practice involves representing clients in matters before the Federal Energy Regulatory Commission (FERC) and state utility commissions. He has particular experience with the Federal Power Act (FPA), the Public Utility Regulatory Policies Act of 1978 (PURPA), and the Natural Gas Act (NGA).

Omar also frequently litigates cases before federal and state courts of appeal, including the US Court of Appeals for the District of Columbia Circuit. In a recent appeal of a FERC decision to the DC Circuit, Omar presented an oral argument in a dispute concerning the interpretation of a regional transmission organization (RTO) tariff and FERC’s jurisdiction over distributed energy generation interconnections and related cost issues.

In addition, Omar counsels clients seeking to develop or deploy distributed energy generation, behind-the-meter technology, or on-site power generation, including advising on strategies. He provides transactional, permitting, and regulatory approval support, including guidance on pertinent state or federal regulations, and represents parties in transactions or disputes involving qualifying facilities (QF).

Omar’s practice also encompasses providing transactional support on the regulatory aspects of renewable energy project financing. He has represented generators in disputes concerning interconnection, efforts to recover revenues for providing reactive power service, and matters involving market-based rates, including applications and periodic compliance filings.

Prior to joining Mintz, Omar was a senior attorney at an international law firm, where he represented clients in litigation, regulatory, transactional, and telecommunications matters. Earlier in his career, Omar was an attorney-advisor in the Office of General Counsel at FERC, where he advised and worked on determinations on issues involving the NGA, FPA, and PURPA.


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National Law Review, Volumess XIII, Number 215