Over the years, the Firm has developed an extensive practice providing advice to utilities and independent power producers (“IPPs”) on the regulatory and business aspects of energy generation and transmission.
The Firm also has represented integrated telecommunications companies in regulatory proceedings before the PSC and judicial proceedings related to competition in the telecommunications marketplace.
The Firm has represented utilities and IPPs, such as Dominion Resources, Public Service Enterprise Group, CNG, Tennessee Gas Pipelines, and Saranac Energy Company, before the New York Public Service Commission (“PSC”) in a variety of contexts, including proceedings addressing rates, the need for transmission capacity, and the development of new facilities, such as power plants, gas pipelines, and electric transmission lines.
Among the Firm’s more significant engagements, it served for many years as special New York regulatory counsel to MCI in connection with a variety of proceedings relating to rates, service quality, mergers and acquisitions, financing, competition, and local regulation.
Taking full advantage of attorneys in the Firm’s land use and environmental practices, we have:
- Represented IPPs, utilities, and telecommunications companies in their efforts to site facilities in New York.
- Represented Tennessee Gas Pipelines and CNG before the U.S. Army Corps of Engineers, DEC, and the PSC in proceedings to approve new natural gas pipelines and related facilities.
- Assisted telecommunications and fiber optic companies in securing federal, state and local approvals and private land use rights necessary to construct fiber optic facilities throughout the State.
- Helped Saranac Energy Company obtain federal, state and local permits and approvals for construction and operation of a 240-megawatt cogeneration plant and associated natural gas transmission facilities.
Currently, we are advising Public Service Enterprise Group on the fast track development of an electric generating plant in Long Island. In addition, we regularly provide assistance to such facilities on day-to-day environmental compliance concerns, addressing issues such as spill response, implementation of the “PCB Mega-Rule” and air pollution control permitting.
Whiteman Osterman & Hanna also has carved out a niche advising lenders contemplating funding energy and other projects with respect to the regulatory and other aspects of those projects. For example, the Firm has authored legal opinion letters advising financial institutions, such as Toronto Dominion and General Electric Capital Corporation, on the regulatory compliance status of IPP cogeneration projects and hydropower projects with respect to both the DEC and PSC. We also have participated on behalf of lender clients in the renegotiation of energy supply and transmission agreements.