Wright & Talisman electric clients include many of the foremost organizations in the nation's electric, gas and oil industries. Chambers USA has recognized W&T as one of the leading law firms representing electric industry participants. Clients include: investor-owned electric utilities, regional transmission organizations (RTOs), independent transmission companies (ITCs), independent power producers and qualifying facilities, electricity trading organizations, electric cooperatives, and marketing companies.

RTOs and Regional Power Groups

Regional Transmission Organizations (RTOs) operate significant portions of the electricity grid in the United States. W&T has significant experience in the complex legal and technical design of these organizations and their centrally administered electricity markets. We also represent owners of the transmission facilities in RTOs and one of the largest regional bilateral trading groups.

We counsel RTOs in their formation, membership, governance, and independence. We also work with them to establish and maintain their centrally administered energy and capacity markets, including policies, market rules, and contractual arrangements. We counsel transmission owners with facilities in RTOs regarding rates, contractual relationships with the RTO, and credit issues. We counsel a national bilateral trading group regarding its trading contract, open access transmission tariff, and governance. Clients in these categories include PJM Interconnection, LLC, Southwest Power Pool, Inc., WSPP Inc., and the transmission grid owners of the Midwest Independent Transmission System Operator, Inc.

Investor Owned Utilities

Investor owned utilities, whether within or outside RTOs, have an array of significant matters before the FERC. W&T represents these entities in diverse matters including open access transmission tariff issues, transmission rate design, centralized energy and ancillary services market issues, market based rates, power purchase agreements, contract disputes, FERC and NERC compliance matters, and project development. Clients in this category include Ameren Corporation and Cap Rock Energy.

Independent Transmission Companies

In response to the growth of renewable energy resources, as well as other restructuring initiatives of energy companies, some industry participants form independent transmission companies (ITCs) to increase the accessibility of that energy and contribute to the development of a more robust transmission grid. W&T represents ITCs in the regulatory aspects of formation and development of transmission projects. We advise about ownership structure to meet regulatory requirements for incentive rate treatment, and seek rate incentives from the FERC under the Energy Policy Act of 2005. We also advise and represent these entities in processes to integrate new transmission projects into regional RTO/ISO grids, and represent them in certificate and other permitting matters before state regulatory agencies. Clients in this category have included Trans-Elect, Inc. (including its Path 15 and Michigan Electric Transmission Company projects), and Starwood Energy Group.

Independent Power Producers

In addition to representing some of the largest energy organizations in the country, the firm works with smaller energy producers, including independent power producers (IPPs) and qualifying facilities (QFs) under the Public Utility Regulatory Policies Act (PURPA). As appropriate, we seek FERC approvals and any necessary regulatory waivers, and assist these entities in ensuring ongoing compliance with the FERC's regulations.

Hydroelectric Facility Licensing

The firm assists owners and operators of hydroelectric facilities in the preparation of applications for licenses and other approvals required for project development and operation under the Federal Power Act.

FERC Transmission Rate Proceedings and Wholesale Electric Rate Design

W&T attorneys have significant experience in the development of regional transmission rates and litigating transmission rate matters before the FERC for regional transmission companies and individual utilities. For clients engaged in wholesale electricity sales, the firm advises on sales of energy and capacity at market-based rates, market power analysis, obtaining market-based rate authority, and related compliance.

Compliance & Enforcement

The FERC has stepped up its enforcement of the Federal Power Act and other statutes and related FERC regulations. This increased enforcement can be seen not only in areas traditionally subject to FERC regulation, but also in new areas involving compliance with newly approved reliability standards of the North American Electric Reliability Council and regional reliability organizations. The firm is regularly and significantly involved in compliance audits and formal and informal FERC enforcement investigations on behalf of its clients. We advise at every step:

• We help clients draft and implement compliance plans and standards of conduct, and related rules, procedures, and training manuals. We provide review to help ensure ongoing compliance.
• We provide the required annual compliance training for officers, directors, and employees with access to transmission information or information concerning energy purchases, sales or marketing functions.
• We assist clients in determining whether violations of standards have occurred, document possible violations, and advise on self-reporting.
• We contact FERC staff on behalf of our clients when it is appropriate to self-report, and help clients to conduct internal audits and investigations of potential violations.
• We represent clients in informal confidential FERC investigations, formal FERC compliance audits, and formal enforcement proceedings.
• We negotiate settlements with enforcement authorities.

Holding Company Regulation

The Federal Power Act and the Public Utility Holding Act of 2005 (PUHCA) regulate interlocking boards of directors, allocation of the costs of multi-state electric utility holding companies to individual operating subsidiaries, various notification requirements, and records access. W&T attorneys assist clients in complying with these various requirements.

Financing Approvals

The FERC must approve the issuance of securities and the assumption of liabilities by some public utilities subject to its jurisdiction. W&T attorneys routinely assist public utilities in obtaining these approvals and in maintaining compliance with related FERC conditions for these approvals.

Mergers, Acquisitions, and Other Utility Property Transactions

The Federal Power Act (FPA) requires that if certain electric facilities are to be transferred, the parties involved need to obtain prior FERC approval for the transfer. The requirement arises in a variety of situations, including, but not limited to, bankruptcy, mergers, sales, refinancing, and corporate reorganizations. W&T attorneys have extensive experience in identifying matters where approval is needed and are adept at efficiently acquiring all necessary FERC approvals.

Representation Before the Department of Energy

The Department of Energy (DOE) has taken on additional regulatory functions in recent years. The firm represents or advises clients in matters before the DOE, including grants and the build-out of the Smart Grid, designation of transmission corridors for new transmission facilities, cross-border presidential permits required for project development, and other similar issues. We also closely track legislation related to these issues for our clients.

Representation Before State Public Utility Commissions

In addition to representing clients before the FERC and other federal agencies, W&T attorneys regularly represent clients in proceedings before state public utility commissions. Our attorneys are familiar with state laws pertaining to firm clients and coordinate with local firms to provide comprehensive representation.