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Michael Kunselman

Partner

T 202.973.4295 Washington, D.C.
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Michael Kunselman is a partner in the firm's energy group where he focuses his practice on matters involving electricity regulation. He represents a broad array of electric industry clients across the country, such as investor-owned electric utilities, transmission owners, generation owners and developers, end-use customers, and a large regional independent system operator.

Over the past two decades, Michael has been involved in most of the key regulatory issues facing the electricity industry, including wholesale market design and oversight, generator interconnection, open access, transmission rates, and transmission planning. He has particular strengths in the areas of renewable power and energy storage development, and has represented developers and owners of such projects located in both organized markets and traditionally regulated regions.

Michael frequently represents his clients in hearings and settlement proceedings before federal and state regulators. He also assists clients in contract negotiations and disputes with various industry counterparties.

Practice Highlights

Transmission planning

Represents both investor-owned utilities and an independent system operator regarding a variety of transmission planning issues, including implementation of and compliance with FERC Order Nos. 890 and 1000.

Generator interconnection

Played a key role in preparing and obtaining FERC approval of the interconnection procedures, as well as subsequent queue reform filings, for an independent system operator. Litigated a number of interconnection-related complaints. Represents generation developers in negotiating interconnection agreements in regions throughout the country.

Renewable and storage resources

Provides guidance and representation to renewable energy and storage developers and owners with respect to issues such as interconnection, transmission access, and wholesale market participation. Represented the first wind generator in the United States to receive regulatory approval establishing a rate for reactive power service.

Administrative litigation*

Successfully defended a major investor-owned utility in FERC complaint proceedings, culminating in a multi-week hearing, involving determination of transmission facility ratings and conduct of transmission system impact studies. (2015-2019)

Transmission planning*

Successfully defended an independent system operator against a complaint filed with FERC alleging violations of the system operator's transmission planning procedures and related FERC policy and orders. (2019) 

Counsel to solar developer*

Served as counsel to a solar developer with a significant portfolio of projects in the southeastern United States, including the first utility-scale solar projects in South Carolina. (2017-2018)

Reliability coordination services*

Obtained regulatory approval of rates and terms of service associated with an independent system operator's provision of reliability coordination services to customers throughout the Western interconnection. (2018)

Transmission access*

Obtained FERC order directing interconnection and provision of transmission service for client's wind project despite protest alleging violation of state retail service territory laws. (2018)
*Denotes an attorney's experience prior to joining Davis Wright Tremaine
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Admitted to Practice

  • District of Columbia, 2001
  • Maryland, 2000
  • U.S. Court of Appeals, 1st Circuit, 2017

Education

  • J.D., University of Maryland School of Law, 2000, honors
    • Editorial Board, Maryland Law Review
  • B.A., Political Science, University of Maryland, College Park, 1996

Memberships & Affiliations

    • Energy Bar Association

Professional Recognition

    • Named one of "America's Leading Lawyers for Business" by Chambers USA in Energy: Electricity (Regulatory & Litigation) (Nationwide), 2021-2024
    • Named as one of "America's Leading Lawyers for Business" in Energy: Electricity (Regulatory & Litigation) by Chambers Global, 2023-2024

Background

    • Partner, 2008-2020; Associate, 2005-2007 – Alston & Bird, LLP, Washington, D.C.
    • Associate, Swidler Berlin LLP, Washington, D.C., 2000-2005
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Publications
06.10.24
News
New Chambers Rankings Affirm Davis Wright Tremaine's National Leadership in Key Industry Sectors Read More
Transmission tower power lines
05.15.24
Insights
Electric Power
Divided FERC Adopts Landmark Transmission Planning and Cost Allocation Final Rule Read More
Publications
06.05.23
News
Chambers USA Recognizes Davis Wright Tremaine for Leadership Across Key Industry Sectors and Honors the Firm for Excellence in 51 Practices Read More
transmission towers
07.22.21
Insights
FERC
FERC Seeks Public Comment on New Potential Reforms to Regional Planning of Electric Transmission and Generator Interconnection Read More
Publications
05.21.21
News
Davis Wright Tremaine Recognized by Chambers USA for Industry-Leading Excellence in Key Practice Areas Read More
electric transmission towers
04.19.21
Insights
FERC
FERC Changes Course on Proposed Electric Transmission Incentives Policy Read More
Power plant
10.23.20
Insights
Federal
FERC Opens the Door to Carbon Pricing in Wholesale Electricity Markets Read More
Publications
09.22.20
News
California Public Utilities Commission
Quoted in "FERC Market Rule Is A Clean Energy Game-Changer," Law360 Read More External Link
Transmission tower power lines
07.21.20
Insights
FERC
FERC's Revised PURPA Regulations Give States More Flexibility Read More
Oil fields
05.28.20
Insights
FERC
FERC Proposes Clamp Down on Certain Tariff Waiver Requests Read More
High voltage tower at sunset
03.24.20
Insights
Federal
FERC Proposes Changes to Electric Transmission Incentives Read More
Publications
02.05.20
News
Energy
Prominent D.C. Energy Group Joins Davis Wright Tremaine and Solidifies National Industry Team Read More
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