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Energy

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Our attorneys not only understand the transformation of this sector but are immersed in leading the change.

Overview

Energy and regulation go hand in hand. Traditional players—public utilities, independent power producers, renewable energy companies, oil and gas companies—and new market entrants—community choice aggregators, energy service companies, distributed energy resource companies, and energy technology companies—look to us for insight into successfully navigating the evolving industry. Our attorneys not only understand the transformation of this sector but are immersed in leading the change. Much of the change is happening right now at the state level in areas such as California, New York, the Pacific Northwest, and Alaska; our energy attorneys are well positioned to serve you and your clients in each of those regions.

Depth of Experience

Decades of industry experience strengthen our understanding of our clients' trajectories and goals—whether in litigation, in transactions, or before regulators. Our California energy group has built a leading practice over the past four decades, gathering valuable experience and perspective along the way. California has one of the most active state utility commissions in the country, and our attorneys are highly respected before the California Public Utilities Commission. California looks to our firm for industry representation, and the country often looks to California to see what comes next. We've handled some of the toughest matters in California—let us help you translate that success into your own.

In New York, we are deeply involved in "Reforming the Energy Vision (REV)" and its far-reaching effects on energy project finance and transactions. In the Pacific Northwest and Alaska, our clients are leading and successfully navigating the transition to solar, wind, hydro, and hybrid fuels, even while ensuring crucial oil and gas strategies remain successful.

All energy policy at the state and regional levels eventually makes its way to FERC, and our Washington, D.C., lawyers are well equipped to serve you. Our energy team is composed of attorneys with backgrounds in government regulation—having practiced both within and before these agencies, we understand how they operate, and our clients benefit from this experience. Our team includes a former senior attorney from the Fraud Section of the Criminal Division of the Department of Justice who served as the Criminal Division liaison to the enforcement offices of both the FERC and the CFTC.

Students of the Industry

The energy sector is facing a moment of unparalleled transition. DWT isn't just responsive to that change, we are immersed in it. Our clients tell us we are energy geeks. We love that!

Charting the Future

Our clients rely on us to navigate the highly regulated energy sector, but also look to us for advice on how to help lead the change. We want to help you chart your future and lead the change. (View DWT's climate and sustainability commitment.)

welding sparks

Energy and Environmental Insights

From the evolution of energy sources, to the breakthroughs in industry technology, to the nuances of regulatory politics, every development is critical. We are passionate about the big and the small: sector-wide trends to client-specific innovation.
Read our Insights Link to ?tab=insights

Our Services

Electric

Utility mergers and acquisitions, regulatory compliance counseling, and energy project development are the cornerstones of DWT’s electric power practice. Entities throughout the sector - independent power producers, investor owned and municipal utilities - trust our track record and appreciate our industry proficiency. We are a team of skillful transaction attorneys who regularly advise on all stages of energy asset acquisition, development, financing, construction, and operation. We ensure that federal, state, and local compliance for our clients is clear and efficient. The heart of our practice, however, is our regulatory expertise. For decades, DWT attorneys have practiced before both state and federal regulatory agencies, developing the working knowledge and personal relationships that produce client success. Our experience before these entities is similarly invaluable and effective during litigation, which, while never the preferred option, is sometimes necessary.

Natural Gas

As with electric power, DWT’s natural gas practice is backed by decades of experience representing industry members in large-scale asset transactions, regulatory proceedings, permitting, and litigation. We represent clients in natural gas pipeline rate, certificate, and rulemaking proceedings before the FERC and in the federal courts of appeal, as well as on issues raised by tariff filings, including capacity release, creditworthiness standards, natural gas quality, and interchangeability issues. Our attorneys assist clients through the necessary and complex LNG permitting and regulatory proceedings, frequently involving multiple stakeholder groups. Our experience in settlement negotiation, support, or challenges at the FERC and in the federal courts of appeal is comprehensive. We also help our clients develop in-house compliance programs, comply with standards of conduct, and respond to enforcement investigations. And our familiarity with transactional matters like asset transfers, contracts, and third-party outsourcing is firsthand and considerable.

Renewable Energy

We don’t just understand renewable portfolio standards, we contribute to their development. Our lawyers have held senior positions at major U.S. investor-owned utilities, the Federal Energy Regulatory Commission, and as counsel to the U.S. Senate Committee on Energy and Natural Resources. We get the business of renewable energy, influence its regulation, and leverage this knowledge to offer our clients sound advice on projects, trends, and predictions. We also advise clients regarding the creation and trading of renewable energy credits (RECs). DWT’s investment and involvement in renewables are the results of our belief in a positive evolution of international, national, regional, and state climate change policies. As such, we advise our clients on climate change regulatory and litigation risk, California’s cap and trade program compliances, SEC disclosure requirements, state laws regarding GHG emission reductions, and strategies for marketing the output of GHG-free generating assets.
Power lines

Areas of Expertise

Golden Gate Bridge Link to /expertise/industries/energy/california-public-utilities-commission CPUC
Our San Francisco team has over 20 years of experience successfully practicing before the California Public Utilities Commission, one of the most active and influential of its kinds in the country.
Read More Link to /expertise/industries/energy/california-public-utilities-commission
Data Centers Link to /expertise/industries/energy/data-centers Data Centers
We understand the intricate challenges you face when developing, operating, or leasing space in data centers across the United States. You need a trusted partner who can handle any legal issue which arises—and this is where we come in.
Read More Link to /expertise/industries/energy/data-centers

Practice Highlights

We work on energy, oil & gas, and renewable projects every day. We are passionate about the industry. See what our team is up to currently.

Calpine Corporation

As lead counsel, we advise on significant regulatory proceedings before the CPUC; acquisitions including sales and service contracts; and the development of several behind the matter battery storage projects intended to provide peak shaving and load lifting service. As lead counsel, we also support their sale of retail electric service throughout the state.

Freeport Minerals Corporation

For almost two decades, we have represented Freeport Minerals Corporation (FMC) before the FERC and in related appellate proceedings with respect to the terms and conditions of the transportation service that brings natural gas to FMC’s mines, smelters, and refineries located in Arizona, New Mexico, and Texas. We also advise FMC on related gas procurement issues.

CalTrain

We represent CalTrain in negotiations of interconnection and facility construction agreements with respect to their Electrification project. CalTrain operates the commuter rail line between San Francisco and Silicon Valley/San Jose, which they plan to transition from diesel to electric power. The project will reduce greenhouse gas emissions, discourage the use of fossil fuels in the transportation sector, and increase capacity and speed.

CalCCA

We counsel the California Community Choice Association (CalCCA), which is a trade association that represents the interests of all CCAs throughout the state on two significant regulatory proceedings before the CPUC.

Providence Health & Services

Since 2013, we have represented Providence Health & Services (Providence) regarding a series of electric utility matters before the Regulatory Commission of Alaska (i.e., Alaska’s PUC). In order to mitigate a proposed doubling of electric rates at its Anchorage hospital, our work includes two fully-litigated rate cases (including a 5-week hearing in late 2017), and a proceeding that established Providence’s right to self-generate.

FirstEnergy

We provide FirstEnergy Corp. and its operating subsidiaries with regulatory, compliance, and transactional advice with respect to electric generation and transmission matters under the Federal Power Act and related tariffs administered by ISOs and RTOs (including PJM and NYISO).
Understanding the Business Goal
Energy partner and practice group chair Vid Prabhakaran discusses how our industry knowledge and enthusiasm for innovation help clients chart their future.

Energy Project Development & Finance

LNG terminal and pipeline for Oregon LNG

Represented a liquefied natural gas development company in state and federal environmental siting processes and related real estate matters for a major LNG terminal on the Skipanon Peninsula at the mouth of the Columbia River and related pipeline.

Outside legal counsel for Summit Power Group

Outside legal counsel to Summit Power Group, an independent developer of power generation facilities, including traditional thermal power plants (coal and natural gas), wind power facilities, and developing clean energy technologies (solar, gasified coal). (Ongoing)

Commercial financing for Avista Corporation

Negotiation and documentation of a $320 million demand credit facility, with revolving and term loan borrowing and letter of credit facilities, to fund operations of regulated electric and gas utility. (Ongoing)

Development - renewable for Bear Mountain Wind Limited Partnership

Providing advice to out-of-country project developer regarding the California Tradable Renewable Energy Certificate (TREC) program and obtaining regulatory approvals before the California Energy Commission. (Ongoing)

Development - renewable for National Energy Systems Co.

Representation of independent power producer in the development of two wood-waste fueled biomass power plants in Oregon and negotiation of associated pine sole agreements. (Ongoing)

Development - renewable for NaturEner

Represented developer in negotiating and obtaining regulatory approvals for power purchase and in associated renewable portfolio standard proceedings before the California Public Utilities Commission. (2010)

Development – renewable for NaturEner

Representing NaturEner USA in obtaining various California and federal regulatory approvals associated with the development of, financing of, and sales of power and renewable energy credits from NaturEner’s Glacier 1, Glacier 2, and RimRock wind energy projects (Ongoing)

Development - renewable for Newberry Geothermal

Representing project developer in the development and sale of power from a 120-MW geothermal project located near Bend, Ore. (Ongoing)

Development - renewable for Republic Solar Highways

Represent Republic Solar with the development of a 15 Megawatt (MW) solar power system in Santa Clara County, California, in the first phase of a larger effort to create solar projects throughout the state in unused public right-of-way. Assisted with negotiation of an exclusive agreement with the California Department of Transportation (Caltrans) for over 65 acres within their state freeway system; a power purchase agreement with an investor-owned utility; and filings at the CPUC. (Ongoing)

Project development

Negotiation and documentation of engineering, procurement, and construction contracts for electricity generating projects in Washington, Oregon, Idaho, and Texas. (Ongoing)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Energy Regulation & Litigation

Crowley Petroleum Distribution, Inc. v. Smith

Representation of major bulk fuel distributor in prosecution of action to pierce corporate veil. (Ongoing)

BLM rights negotiations for various wind and solar developer clients

Representing in obtaining and maintaining rights of way and other rights from BLM for wind and solar projects. (Ongoing)

California Environmental Quality Act (CEQA) counsel for the California Independent System Operator (CAISO)

Representing before the California Public Utilities Commission (CPUC), defending claims on CEQA issues in transmission line proceeding. (Ongoing)

Outside legal counsel for Avista Corporation

Outside legal counsel to Avista, a large regulated electric and gas utility involved in the production, transmission, and distribution of energy and other energy-related businesses, including regulated electric and natural gas utilities in the Pacific Northwest. (Ongoing)

Renewable geothermal energy

Providing advice to geothermal generators operated by Calpine Corporation in the Geysers Geothermal Area in Northern California with respect to commercial matters, disputes, and regulatory issues. (Ongoing)

Renewable energy

Representing several fossil-fuel generators in converting projects to fuels which will qualify for participation in the California Renewable Portfolio Standards program. (Ongoing)

Hydroelectric power project for Idaho Power Company

Representing power company in two-state water quality certification proceedings, under § 401 of the Clean Water Act, associated with relicensing of the 1,200 MW Hells Canyon Complex on the Snake River. (Ongoing)

Regulatory - electric

Representing California Pacific Electric Company in first general rate case application. (Ongoing)

Regulatory - electric; wind, solar, biomass

Served as regulatory counsel through numerous acquisitions and financings of wind, solar, biomass, and geothermal generating facilities. (Ongoing)

Regulatory - electric for Calpine Corporation

Representing various qualifying facilities and other generators owned by Calpine Corporation in regulatory proceedings, commercial negotiations and disputes. (Ongoing)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Energy Transactions

Acquisition of natural gas pipeline facilities for oil/gas producer

Representing offshore oil and gas producer in negotiation of acquisition of pipeline assets and associated facilities. (Ongoing)

Liberty Utilities and related entities ongoing environmental compliance

Handled environmental due diligence, permit issues, and negotiation of consent decrees for the acquisition of an independent power producer's generation station, 12 substations, and related transmission facilities in Lake Tahoe area of California. Managing ongoing post-closing environmental compliance and transfer issues. (Ongoing)

Water rights for multiple cities in Oregon

Representation of cities and municipal utilities in fast-growing communities in Central Oregon, Southern Oregon and the Portland metro area, respectively, related to obtaining, extending and protecting municipal water rights. (Ongoing)

Mergers & acquisitions for Calpine Corporation

Represented in purchase of electricity generating plant in PG&E's power plant divestiture transactions in California and handled subsequent acquisitions, refinancings and sales. Also advising on ongoing environmental compliance. (Ongoing)

Transactions - natural gas for Freeport Minerals Corporation

Advise on gas supply and transportation contract issues. (Ongoing)

Environmental remediation and insurance coverage for oil and chemical company

Assisting an oil and chemical company in its investigation and remediation of contamination after having helped it obtain insurance coverage for chlorinated solvent contamination where no coverage had been found by previous counsel. (Ongoing)

Counsel for Texas Clean Energy Project (TCEP)

Project counsel to the Texas Clean Energy Project (TECP), a "NowGen" coal gasification carbon capture facility that will incorporate Carbon Capture and Sequestration technology in a first-of-its kind commercial power plant. (Ongoing)

Mergers & acquisitions for AltaGas Renewable Energy Colorado LLC

Represented AltaGas Renewable Energy Colorado LLC in its $25 million investment in 29 MW wind generation facility in Huerfano County, Colorado. (2012)

Energy/transactional for Microsoft

Counsel to Microsoft in drafting and negotiating a facilities upgrade agreement regarding a major data center. (2013)

Energy/transactional for Swedish Medical Center

Counsel to major Seattle hospital in drafting long-term steam purchase agreement. (2013)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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California state flag
12.18.24
Insights
California Climate Disclosure:
3 Takeaways From a Discussion With Senator Wiener and Energy Partner Vid Prabhakaran
Read More
Powerlines at sunset
11.05.24
Insights
Governor Newsom Weighs in on California Electricity Affordability Crisis Read More
windmill
10.11.24
Insights
Renewables
Two Agencies Now Accepting Comments To Shape Renewable Energy Development in Washington State Read More
aerial view of fields
10.04.24
Insights
PFAS Alert! Product Manufacturers and Importers Required To Report Products That Contain PFAS by January 2026 Read More
Welcome to Washington The Evergreen State sign
07.01.24
Insights
CWA
Water Rights Adjudication Begins for Washington's Whatcom and Northern Skagit Counties Read More
Transmission tower power lines
05.29.24
Insights
FERC
FERC Expands Transmission Siting Authority in National Interest Corridors Read More
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Industry Contacts

Atkins, Sean
Sean A. Atkins
Partner
Co-chair, Energy, Environmental & Natural Resources Practice
Washington, D.C.
202.973.4294
Prabhakaran, Vidhya
Vidhya Prabhakaran
Partner
Partner-in-Charge, San Francisco
San Francisco
415.276.6568

Our Team

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Addiego, Joe
Joseph E. Addiego III
Partner
San Francisco
415.276.6515
Albrich, Elaine R.
Elaine R. Albrich
Partner
Co-chair, Energy, Environmental & Natural Resources Practice
Portland
503.778.5423
Atkins, Sean
Sean A. Atkins
Partner
Co-chair, Energy, Environmental & Natural Resources Practice
Washington, D.C.
202.973.4294
Bartlett, Mark
Mark N. Bartlett
Partner
Chair, White Collar, Investigations & Government Controversies Group
Seattle
206.757.8298
Block, Rachel I.
Rachel I. Block
Associate
Seattle
206.757.8228
Borgia, Michael
Michael T. Borgia
Partner
Washington, D.C.
202.973.4282
Bosley, Jeffrey S.
Jeffrey S. Bosley
Partner
San Francisco
415.276.6594
Broadwell, Scott
Scott Broadwell
Attorney
Anchorage
907.257.5339
Burke, Larry B.
Larry B. Burke
Senior Counsel
Portland
503.778.5239
Cicale, Nicholas
Nicholas J. Cicale
Counsel
New York
212.489.8230
Distaso, Travis
Travis J. Distaso
Partner
San Francisco
415.276.6592
Fero, Anna
Anna Fero
Associate
San Francisco
415.276.6590
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