White & Case LLP - Lawyers - Donna M. Attanasio

Practice Experience

Donna M. Attanasio practices in the Firm's Energy, Infrastructure and Project Finance Group with an emphasis in energy markets, regulatory matters and transactions. She also often works with bankruptcy and litigation attorneys on energy-related matters.

Ms. Attanasio represents clients with respect to transactional matters such as the negotiation and drafting of project documents, and as regulatory counsel in connection with the acquisition and leasing of generation and transmission assets and mergers. Since 1997, Ms. Attanasio has regularly served as lead outside counsel in the negotiation and documentation of agreements for tolling services, power sales, requirements power and energy management services using customized bi-lateral agreements, standardized agreements (such as those created by EEI/NEMA, ISDA and NAESB) and hybrids, resulting in executed contracts for over 10,000 MWs of power. These contracts have included purchases and sales from facilities that use renewable fuels as well as conventional fossil-fuel units. She also assists clients to implement or respond to requests for offers for power.

She represents clients in administrative and adjudicative proceedings before the US Federal Energy Regulatory Commission (FERC), state regulatory agencies, federal appellate courts and in alternative dispute resolution forums. She has also served as a party-appointed arbitrator.

Ms. Attanasio counsels clients on matters arising under the US Federal Power Act, the US Public Utility Regulatory Policies Act and the US Public Utility Holding Company Act of 2005, including compliance with the FERC's Standards of Conduct, Order Nos. 888 and 890, interlocking directorate authorizations and other matters. She represents clients seeking to obtain or maintain market-based rate authority and assists clients responding to FERC audits.

Prior to law school, Ms. Attanasio supervised load management programs for an investor-owned utility.

Representative matters:

Representation, as regulatory counsel, to Constellation Holdings, Inc. in connection with its agreement to acquire approximately 3,000 MWs of generation for $1.1 billion from Boston Generating, Inc., subject to bankruptcy court approval and auction proceedings;
Representation of Constellation Energy Group, Inc. as regulatory counsel in connection with the acquisition of two 550 MW natural gas-fired generating facilities and related interconnection facilities in ERCOT;
Represented Pacific Gas and Electric Company (PG&E) in its request for offers for long-term power purchase agreements, negotiating tolling agreements resulting in executed contracts for over 1,400 MWs of capacity;
Negotiated power purchase and sale agreements applicable to solar thermal, photovoltaic and other renewable resource facilities;
Negotiated energy management agreements for over 3,300 MWs of generation located in New England, to facilitate continued operations after the facilities were acquired by lender groups as a result of restructuring;
Representing El Paso Electric Company in a complaint proceeding before FERC concerning unauthorized use of its transmission system for service having an annual value of over US$5 million;
Assisted a client to rectify a discrepancy between its FERC-jurisdictional tariff and the services it provided, securing a favorable disposition with no adverse findings, penalties or refunds;
Successfully advocated for changes to FERC's Standards of Conduct rules to facilitate integrated resource planning through participation in a panel discussion before FERC commissioners, meetings with FERC staff, working with two industry groups to develop industry comments and preparing client's comments for submission in FERC rulemaking proceedings;
Secured changes to a generating company's blanket authorization under FPA Section 203 to facilitate trading of its membership interests in secondary markets;
Counseled El Paso Electric Company regarding compliance with FERC Order No. 890 and prepared necessary revisions to its OATT, including its attachments C and K;
Represented various E.ON US LLC (formerly LG&E Energy Corp.) subsidiaries with respect to the lease of generation facilities and associated power sales in connection with the resolution of Big Rivers Electric Corporation's Chapter 11 proceeding and secured the necessary federal energy regulatory approvals for the subsequent termination of the lease and return of the facilities to Big Rivers’ control;
Represented PG&E Corp. for PG&E in hearings to establish that a proposed affiliate contract met the Edgar standards for comparability with non-affiliate contracts, achieving a highly favorable Initial Decision prior to withdrawal of the proposal; and
Presented supporting arguments on behalf of an intervenor for the defendant in Alliant Energy Corporation, et al. v. FERC, before the US Court of Appeals for the District of Columbia Circuit.

Bars and Courts
District of Columbia Bar
US Court of Appeals for the District of Columbia Circuit

Education
JD, Harvard Law School, 1988
AB, Smith College, 1981

Professional Associations and Memberships
Energy Bar Association, Board of Directors (2009-2010), President (2008-2009), President-Elect (2007-2008), Vice President (2006-2007), Program Committee, co-chair (2003-2004), Treasurer (2000-2003), Assistant Treasurer (1998-2000)
Foundation of the Energy Law Journal, Board Member (2005-2009)
Charitable Foundation of the Energy Bar Association, Board Member (2006-2009)
American Bar Association
International Bar Association

Awards and Recognition
Chambers USA, Leader in the field of Energy: Electricity
Legal 500, Litigation, Leading lawyer in Regulated Industries, Energy
Legal 500, USA, Leading lawyer in Litigation, Energy
Best Lawyers in America, Energy Law

Publications
"Green Contracting: Structuring Renewable Agreements to Survive Change," Public Utilities Fortnightly, November 2009 (co-authored with Zori Ferkin)
"The Winds of Change: Commitment Secures Transmission Rights," The Electricity Journal, July 2009 (co-authored with Jane Rueger)
"Surveying the Risks of Carbon Sequestration: Geological Sequestration and Storage Projects in the United States," The Environmental Law Reporter, News & Analysis (Vol. 39, No. 5), May 2009
“Standards of Conduct: New Focus, New Challenges,” The Electricity Journal, March 2009 (co-authored with Earle O’Donnell)
"Encouraging Investment in Electricity Transmission" and chapter on US Electricity Regulation, Electricity Regulation 2006, November 2005 (co-authored with Earle O'Donnell and others)
"Enforcing Transmission Reliability: An International Problem," Natural Resources & Environment, Winter 2004
"Market access to industrial self-generation: obstacles and solutions" and chapter on US Electricity Regulation, Electricity Regulation 2005, November 2004 (co-authored with Earle O'Donnell and others)
"Terminating Wholesale Power Contracts: Federal Power Act v. Bankruptcy Code?," Natural Resources & Environment, Summer 2004 (co-authored with Bruce A. Grabow)
"Is There a Future for Retail Competition in Electric Markets? A Global Overview," and chapter on US Electricity Regulation, Electricity Regulation 2004, November 2003 (co-authored with Earle O'Donnell and Richard Shutran and with Earle O’Donnell, respectively)
"Global Overview" and chapter on US Electricity Regulation, Electricity Regulation 2003, December 2003 (co-authored with Earle O’Donnell and Richard Shutran and with Earle O'Donnell, respectively)
"Tolling Agreements: The Next New Way to Allocate Risk," Competitive Utility, November 2000 (co-authored with Sanford L. Hartman and Andrew B. Young)
"The Challenge of Contracting in a Retail Open Access Environment," Competitive Utility, December 1999 (co-authored with Earle H. O'Donnell and Noel Symons)
"Acquiring Ownership or Control of Distressed Assets," Competitive Utility, December 1998 (co-authored with Richard S. Miller and Earle H. O'Donnell)

Speaking Engagements
Co-presenter (with Zori Ferkin): "Green Energy: Market Trends, Creative Answers and Best Practices in Structured Contracts for Renewable Power," Energy Bar Association Brown Bag Lunch Event/Teleconference, Washington, DC, November 2009
Panelist, "Regulatory Policies Likely to Shape Infrastructure Investments and Returns in 2010," White & Case 2009 Energy Industry Developments Conference, New York, October 2009
Panelist, “Issues in Transmission Line Development,” Today’s Investment Opportunities in Transmission, New York, April 2009
Panelist, "Existing Generation: Markets and Opportunities in a Post-PUHCA World," The Next Generation of Generation, New York, May 2006
Panelist, Panel on Integrated Resource Planning, Federal Energy Regulatory Commission's Standards of Conduct Technical Conference and Workshop, Phoenix, Ariz., April 2006
Moderator, "The Effect of the Energy Policy Act on Investigations, Market Oversight and Penalties," Energy Bar Association's Legislative Program on the Energy Policy Act, Washington DC, September 2005
Panelist, "Transmission Issues of Mergers and Acquisitions," American Power Conference 2000, Chicago, April 2000

Languages
English

Citizenship
United States