Description of LOCE’s Legal Services
- Representation and counseling on matters related to the Federal Power Act, Public Utilities Regulatory Reform Act, Public Utilities Holding Company Act, EPAct 2005 and state energy statutes;
- Review and counseling on matters related to participation in ISO/RTO markets, including compliance and waivers;
- Negotiation and review of Power Purchase and Generation Interconnection Agreements;
- Preparation of all types of regulatory filings including Section 206 complaints, PURPA enforcement actions, petitions for declaratory relief, rulemaking comments and rehearing requests;
- Administrative litigation on mergers, rates and generation interconnection at hearings before FERC, District of Columbia, Maryland and New York Public Service Commissions.
- Preparation of all manner of responsive agency pleadings, including rehearing applications, briefs, comments, testimony, protests and motions, natural gas tariff filings, QF and EWG self-certifications and market-based rate applications;
- Successful defense of energy companies in civil penalty cases;
- Litigation in state and federal trial courts and appellate courts regarding energy issues, ranging from civil penalties, FOIA, engineering malpractice, Clean Air Act, Clean Water Act and scope of FERC jurisdiction;
- Preparation of compliance materials for DSM and alternative energy suppliers;
- Representation of all types of renewables and alternative energy : wind, solar, hydroelectric, marine hydro-kinetic, storage, offshore wind and distributed generation.
- Track FERC and state proceedings through various Firm monitoring services and advise renewable companies on opportunities and financial incentives;
- Representation of companies before FERC and state commissions;
- Negotiation of supply agreements, compliance handbooks and review of social media policy and advertising.
- Preliminary permits and licenses for hydroelectric and marine hydrokinetic projects under Part I of FPA;
- Certificates of necessity and convenience and state environmental permits for small wind and solar;
- Participation in proceedings on microgrid, distributed
- PURPA enforcement, RPS (including Commerce Clause analysis), opinion letters regarding eligibility for PURPA rates and other incentives;
- White papers and policy analysis for clean energy trade associations and NREL.
- Represent and advise landowners, land trusts, farms, environmental groups, small businesses and municipalities on FERC pipeline certificate proceedings and appeals in federal court;
- Assist landowners with pipeline dispute resolution process;
- Identify and participate in state permit processes related to pipelines;
- Preparation and litigation of Freedom of Information Act (FOIA) requests on information related to pipelines;
- Review of NEPA documents for legal sufficiency, comment and participation in NEPA process;
- Participation in and appeals of state permits related to pipelines and compressor stations;
- Advice on First Amendment issues, whistleblowing and social media as relevant to pipeline opponents;
- Represent landowners in civil suits related to pipeline damages.
- Represent landowners, farms, trusts and small businesses in eminent domain proceedings regarding pipelines, from settlement through trial and appeals;
- Successfully opposed takings in several federal court proceedings;
- Advise, guide and train expert witnesses on easement valuation;
- Negotiation of easement terms and conditions for pipeline easements and gas leases.