Clifford Chance
From initial development to financing and sale, we support clients in all aspects of developing, owning, operating, investing in, financing or acquiring energy assets in the United States.
Our team assists clients in regulatory and transactional matters involving assets across the energy sector, including renewable and conventional electric generation, transmission, natural gas, LNG, renewable natural gas (RNG), carbon capture and storage (CCS), green fuels, hydrogen and energy storage assets.
Our attorneys advise clients regarding compliance with federal energy laws and regulations, secure necessary authorizations from the Federal Energy Regulatory Commission (FERC) and the Department of Energy (DOE), represent clients in proceedings before FERC and federal appellate courts, and advise on Regional Transmission Organization and Independent System Operator market rules and requirements. Our team excels at distilling the complex, overlapping laws, regulations, and market rules governing the US energy sector into practical, commercial advice.
We also advise clients on the drafting and negotiation of key project agreements necessary to commercialise and operate energy projects, including Power Purchase Agreements, Energy Management Agreements, tolling agreements, and LNG sale and purchase agreements.
Our Energy Regulatory and Markets services
-
Compliance
Energy companies and utilities are subject to substantial regulation by FERC, DOE, and other federal agencies. These agencies have authority to impose significant fines and penalties. Our team regularly advises on compliance matters, including developing and maintaining compliance programs, navigating compliance issues and assessing enforcement risk.
-
Project Agreements
Energy project agreements must flow together seamlessly to achieve the operational and commercialisation of the project while being bankable and minimising risk to the developer. We utilise our deep understanding of energy assets, regulations, and markets to advise clients in connection with the negotiation and drafting of key agreements for energy projects.
-
Transaction Support
We provide support for M&A, financing, tax equity, and capital markets transactions. In addition to standard regulatory matters such as due diligence and securing agency approvals, our team advises on transaction strategy, deal structure, and potential effects of recent and anticipated market developments.
-
Litigation
We represent clients in administrative litigation before FERC and appeals involving FERC orders that are brought before the US Courts of Appeals. We also provide support for energy litigation in state and bankruptcy courts.
-
Market Rules
We help clients navigate the market rules and interconnection procedures of the US ISO and RTO markets administered by CAISO, ERCOT, ISO-NE, MISO, NYISO, PJM, and SPP.
-
Regulatory Authorizations
We assist clients in securing key authorizations from FERC and DOE, including electric export and natural gas export authorizations.
