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Arnold B. Podgorsky
Managing Shareholder

Arnie Podgorsky is a commercial, regulatory, and litigation attorney with some 30 years of experience.  Chambers USA-America's Leading Lawyers for Business, notes, "The 'absolutely wonderful' Arnold Podgorsky combines regulatory expertise with corporate/commercial experience and focus on the development of transmission projects.  'A great facilitator who can step into a meeting with 250 people and keep everyone on track.'"

His practice includes:

  • representation of WSPP before the FERC and facilitation of membership discussion and determination of issues arising in the bilateral WSPP markets and under the WSPP Agreement, including interface between markets and reliability;
  • development and operating agreements for generation and transmission facilities; financing agreements for equipment acquisition; advice and negotiation of FERC-jurisdictional agreements such as capacity exchange and interconnection agreements, representation in incentive transmission rate proceedings, and negotiation and documentation of power purchase agreements and enabling agreements;
  • litigation before courts, bankruptcy courts, FERC, and arbitration panels of contract and other disputes, including a $160 million dispute arising out of the Western power crisis;
  • markets compliance analysis and advice, including CFTC no-action letters and compliance under CEA and EPAct 2005;
  • negotiation and documentation of regional joint operating agreements (PJM/MISO and PJM/MISO/TVA);
  • advice regarding credit and collateral issues under the US Bankruptcy Code; and
  • representation of Middle East-based manufacturing interests in the United States, including acquisition, due diligence, operations, and customer disputes.
Mr. Podgorsky has diverse trial and appellate litigation experience that includes Clean Air Act, CERCLA (Superfund), antitrust, bankruptcy, futures market manipulation, collateralized bond obligations (CBOs), federal contracting, trade regulation, ship construction, admiralty, software piracy, and labor relations.

EDUCATION
Mr. Podgorsky received his law degree in 1975 with honors from Syracuse University College of Law.  He received his B.A. in 1972 with honors from Alfred University in Alfred, New York.

BAR/COURT ADMISSIONS
District of Columbia
United States Supreme Court
United States Courts of Appeal for the 2nd, 4th, 5th, 7th, 8th, 9th, District of Columbia and Federal Circuits, United States District Courts for the District of Columbia and District of Maryland, and the United States Court of Claims, and the United States Court of International Trade Trade

PROFESSIONAL AFFILIATIONS
American Bar Association
Energy Bar Association

PROFESSIONAL HONORS
District of Columbia Energy: Electricity (Chambers USA, 2009)