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Energy Regulatory
SJKP LLP’s Energy Regulatory Practice delivers strategic counsel to clients navigating the dynamic and often complex regulatory environment governing today’s energy markets. From renewable energy to traditional fuels, we provide sophisticated legal solutions tailored to address evolving compliance requirements and transactional demands. Our lawyers combine deep regulatory knowledge with commercial insight, ensuring that energy companies, investors, and developers can pursue innovation while staying aligned with the latest rules and market trends.
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1. Energy Regulatory Compliance for Evolving Markets
Our team assists clients in complying with regulatory requirements at both the federal and state levels, including oversight by FERC, DOE, and state public utility commissions. We interpret and apply statutes such as the Federal Power Act, the Natural Gas Act, and the Public Utility Regulatory Policies Act (PURPA). With experience spanning renewables, distributed energy resources, and conventional generation, our lawyers understand the nuances of multi-jurisdictional energy regulation and the pressures of balancing cost, reliability, and sustainability.
Federal and State Oversight: FERC, DOE, and State Commissions
We help clients anticipate and respond to regulatory directives from major agencies, including FERC’s evolving market rules, DOE energy efficiency mandates, and state-level renewable portfolio standards. Our counsel also extends to compliance with North American Electric Reliability Corporation (NERC) reliability standards. By guiding clients through these overlapping frameworks, we ensure seamless compliance while minimizing business disruption.
2. Energy Regulatory in Transactional and Project Contexts
Energy regulation is an essential consideration in project development, M&A, and project finance. We advise developers, lenders, and investors on regulatory due diligence, licensing, interconnection agreements, power purchase agreements (PPAs), and environmental permitting. Whether it is a solar acquisition, LNG infrastructure financing, or a joint venture in hydrogen technologies, we ensure that transactions proceed smoothly with minimal regulatory friction and that stakeholders capture long-term value.
Navigating Due Diligence, PPAs, and Licensing
Our lawyers conduct in-depth regulatory due diligence to identify potential risks and liabilities in transactions. We draft and negotiate power purchase agreements, secure interconnection approvals, and address permitting requirements for large-scale infrastructure. We also provide guidance on incentives such as the Investment Tax Credit (ITC) and Production Tax Credit (PTC), ensuring clients maximize available benefits while maintaining full compliance.
3. Energy Regulatory Issues in Emerging Technologies
We stay ahead of the curve when advising on regulatory frameworks for cutting-edge energy technologies, including carbon capture, offshore wind, energy storage, and hydrogen. Our attorneys monitor regulatory updates, tax credit structures, and grid integration rules, while actively engaging with agencies to shape policy outcomes. In a landscape where technology outpaces regulation, clients count on us to manage legal uncertainty and advocate for rules that promote innovation.
Managing Legal Uncertainty in Carbon Capture, Storage, and Hydrogen
Our team advises on the regulatory and contractual challenges associated with deploying advanced technologies. This includes obtaining approvals for offshore wind leases, structuring long-term storage agreements, and addressing liability in carbon capture and sequestration projects. We also provide counsel on evolving hydrogen certification schemes, ensuring that early movers in this space secure a competitive advantage.
4. Energy Regulatory Representation Before Government Agencies
SJKP LLP regularly represents clients in regulatory proceedings, including enforcement actions, rate cases, rulemakings, and appeals before FERC, state commissions, and federal courts. We defend our clients’ interests and advocate for regulatory clarity and fairness across energy sectors. By combining litigation expertise with deep regulatory knowledge, we are able to address disputes and influence outcomes that shape the market.
Advocacy in Enforcement, Rate Cases, and Appeals
Our lawyers appear before agencies and courts to defend client interests in investigations, tariff disputes, and compliance audits. We have experience with major FERC rulemakings such as Order 841 and Order 2222, ensuring our clients’ voices are heard in the design of new market rules. Through advocacy, negotiation, and appeals, we secure outcomes that protect client investments and contribute to a stable energy market.
5. Integrated Legal Services for Energy Regulatory Challenges
Our attorneys collaborate seamlessly with other SJKP LLP practice groups, including Corporate, Tax, Environmental, Project Finance, and M&A, to provide holistic solutions. This integrated approach ensures that our clients receive well-rounded and legally sound strategies in high-stakes regulatory scenarios. By combining cross-disciplinary expertise, we offer practical solutions that address the financial, technical, and legal dimensions of energy projects.
Cross-Practice Collaboration for Holistic Solutions
We coordinate with corporate and finance teams to align regulatory strategies with business objectives, with tax lawyers to maximize incentives, and with environmental specialists to manage permitting. This collaborative model ensures that our clients receive not only regulatory compliance but also commercial advantage in every transaction and project.
The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.