The energy and telecommunications industries have transformed as a result of increased competition and restructuring, allowing market forces to wield a greater influence on consumer prices and services. This development neither eliminated nor simplified regulation. More than ever, market participants need in-depth knowledge of the complex federal, state and local laws and regulations and a thorough understanding of the evolving policies, procedures and requirements of the federal and state regulatory bodies.
We combine our energy and telecommunication industry experience and regulatory insight with economic analysis, business understanding and legal know-how to help clients solve and avoid a wide range of complex regulatory problems. Our business-savvy attorneys partner with our international, national and regional clients to understand their unique needs and objectives. We counsel them on compliance with state law and regulations, on operational and financial matters, and we interact with senior management to assist them in the formulation of strategic, innovative legal, regulatory and business strategies.
Electric & Gas Regulation
Our participation in formal administrative proceedings before the PSC, the FERC and in the NYISO’s governance process, is complemented by the active participation of practice attorneys in a wide variety of commercial transactions where an understanding of the policies and requirements of theses regulatory authorities is essential. These matters include the negotiation of discounted rate service agreements between utilities and their retail customers and the negotiation and renegotiations of interconnection agreements, gas purchase sales and transportation agreements, transmission service agreements and power purchase and sales agreements.
Of particular note in the regulatory arena, as a result of the need for expanded electric and natural gas transmission capacity, Barclay Damon has successfully threaded the needle of regulatory approvals to site linear projects. We have worked collaboratively with a myriad of government agencies, local municipalities and private stakeholders to develop innovative solutions that meet competing needs.
In the telecommunications and cable industry, our attorneys have extensive experience with relevant federal, state and local laws and authorities. Our thorough understanding of antitrust law and its implications is another advantage to our clients as they seek to work within the increasingly competitive markets. This unique combination of knowledge and experience allows Barclay Damon to develop effective, comprehensive regulatory strategies for our clients.
The dramatic market changes in the energy and telecommunications industries have led to an increased volume of business disputes and lawsuits. Disagreements range from basic contract disputes to more complicated matters involving the backdrop of an intricate maze of overlapping federal and state statutes and regulations. In addition, because a great deal of our regulatory work proceeds in administrative agencies, intervenors and unsuccessful parties may seek judicial review of the various agency decisions. When disagreements cannot be resolved through negotiation or mediation, our energy and telecommunications lawyers team up with the firm’s litigators to successfully represent clients in the courtroom.