Energy
Practice Leader: Douglas Canter
The continuing evolution of the energy industry, both domestic and international, has created an increased need for legal advice and counseling on energy matters.
McCarthy, Sweeney & Harkaway assists energy clients in litigation and transactional matters with particular emphasis on helping clients structure domestic transactions to meet requirements and providing litigation services in rate, certificate, and rulemaking proceedings. The Energy Group represents clients in litigation and rulemaking matters before the FERC, the United States Department of Energy, other federal and state agencies, and courts at all levels. Energy Group members have served as lead counsel for coalitions in these agency and court proceedings.
Electric Power
Like other regulated industries, the electric industry has undergone profound change. What was once an industry of vertically integrated monopolies has become a dynamic marketplace with numerous new players and transformed preexisting providers.
Our attorneys are well known for our understanding of regulatory requirements, attention to detail and technical expertise. For decades we have been at the forefront of the electric industry’s evolution representing investor-owned utilities, state regulators, public advocates and municipalities, and have counseled clients in all aspects of electric industry regulation and transactional matters including:
- restructuring
- transmission access and rates
- generation reserve supply charges
- interconnections and reliability
- stranded cost proceedings
- compliance,
- traditional rate filings
We have participated on a lead basis in litigated proceedings involving currently crucial issues, providing representation in evidentiary presentations as well as crafting settlements.
Natural Gas Regulation
Experienced both within FERC and as industry counsel, our attorneys represent clients on the full range of natural gas rate, certificate, and tariff issues. We have guided investor-owned and municipal utilities, intrastate pipelines, and interstate pipelines toward successful results.
Our attorneys have assisted clients with testimony for rate and certificate proceedings, prepared comments in rulemaking proceedings, served as lead counsel in evidentiary hearings and crafted negotiated solutions to litigated disputes.
Transactional Matters
The experience and expertise of the Energy Group have proven valuable in contract drafting and negotiations, corporate planning, special projects, and corporate acquisition transactions. We have represented end-users, energy marketers, local distribution companies, utility companies, natural gas pipelines, and governments in a wide range of projects and regulatory matters and have advised clients on the multifaceted nature of contemplated transactions. This representation has included drafting and negotiating:
- Precedent agreements
- Interconnection agreements
- Energy supply contracts
- Gas and power purchase contracts
- Pipeline and distributor transportation contracts
- Electronic service information contracts relating to energy information systems
- Transportation contracts, and
- Pipeline and local distribution company tariffs.
The firm also has participated in corporate acquisitions involving energy companies. Members of the Energy Group have analyzed natural gas supply contracts as part of due diligence review and have assessed acquisition documents where regulatory issues or impacts were implicated.
