White & Case LLP - Lawyers - Earle H. O'Donnell

Practice Experience

Earle H. O'Donnell is head of White & Case LLP's Energy Markets and Regulatory Practice, and a member of the Firm's Energy, Infrastructure and Project and Asset Finance Group. Mr. O'Donnell represents US and international entities who are engaged in the energy industry as independent power producers, energy trading companies, electric utilities, consumers of power, or equity and debt investors. His work encompasses a wide variety of advisory, litigation and transactional matters including representation of applicants and interveners in merger and acquisitions cases, RTO proceedings, transmission and interconnection matters, market-based rates, government audits and enforcement actions (both state and federal), and state and federal regulatory proceedings.

Mr. O’Donnell has extensive experience negotiating agreements for the purchase and sale of electric energy and related products, thermal energy and natural gas. He also has extensive experience representing clients before the US Federal Energy Regulatory Commission, state public service commissions and federal and state appellate courts. He has presented oral argument in many state and federal appellate courts. He has also served as an arbitrator in several disputes involving power purchase agreements, and as an expert witness.

Mr. O'Donnell is a nationally recognized authority within the energy industry who has been invited to speak at many venues, including the annual Platts Utility M&A conference in New York, where he has spoken about navigating the shifting tides of energy sector M&A after repeal of PUHCA 1935 and the divestiture and spin-off of assets. Mr. O'Donnell has been interviewed by national and international media. He was interviewed by TV Globo International, Brazil's largest television programmer, regarding the US energy regulatory system, and by MSNBC, regarding the proposed acquisition of TXU by a private equity group. Mr. O'Donnell is also an accomplished author on energy markets and regulatory issues.

He is consistently listed in yearly editions of Chambers USA and Chambers Global, both of whom have included him in Band One for Energy: Electricity for many years. The 2008 edition of Chambers USA described him as "one of the top energy lawyers in the states - a man with a great ability to analyze matters from both a legal and business perspective."

Since joining White & Case in November 2006, he has:

Represented EBG Holdings in obtaining Federal Energy Regulatory Commission (FERC) and state regulatory approvals for its merger with Astoria Generating Company in a transaction that was valued at $5 Billion;
Represented US Power Generating Company (the successor to EBG Holdings and Astoria Generating Company) in a proceeding before FERC regarding the establishment of mitigation rules for sales of capacity in the New York City market;
Represented CalPeak Power in the negotiation of Amended and Restated Power Purchase Agreements for five California power projects;
Represented the Financial Institutions Energy Group, a group of investment and commercial banks, in FERC proceedings which amended the Commission’s merger regulations to streamline the approval process for many transactions;
Represented an energy trading company in a proceeding initiated by the Illinois Attorney General before FERC and in two related class action suits brought in Illinois court challenging the results of an auction to procure power. Both actions contended that the successful bidders engaged in various forms of anti-competitive and manipulative conduct. Both proceedings have been dismissed;
Represented an owner of multiple power plants in obtaining regulatory approval for the sale of a 50% equity interest in the project holding company;
Served as Federal energy counsel to the owner of a large cogeneration project in state and federal agency proceedings and before a federal court in a suit challenging the constitutionality of a state public service commission’s rates to be paid to qualifying facilities pursuant to federal law;
Advised a Canadian holding company on US-law issues related to its acquisition of a large Canadian natural gas distribution company;
Represented a large multi-national company before FERC in proceedings concerning the rules to be applied to a merchant transmission project which will connect the PJM and NYISO markets;
Represented a holding company with multiple financial institution owners to obtain FERC blanket approvals for multiple transfers of ownership;
Represented a large owner of generation assets and leading wholesale and retail marketing company in filing for extension of its market based rate authority;
Represented private equity funds in a challenge to a FERC order imposing far reaching limitations on the rights of the funds to exercise rights typically available to minority shareholders;
Representing a tax equity owner of wind and geothermal assets on regulatory issues associated with sale of its interests in those facilities;
Represented a subsidiary of Lehman Brothers on state and federal regulatory issues and approval related to the sale of substantially all of its interest in a 204 MW wind farm owned by White Creek Wind I LLC; and
Represented Calpine Construction Finance Company, L.P., and CCFC Finance Corp. on federal regulatory issues related to its sale of $1,000,000 of Senior Secured Notes.

Bars and Courts
District of Columbia Bar
US Supreme Court
US Court of Appeals for the First, Second, Fourth, Eighth, Ninth and District of Columbia Circuits
US District Court for the District of Columbia

Education
JD, George Washington University Law School, with honors, Order of the Coif, Law Review, 1975
BA, Transylvania University, 1971

Professional Associations and Memberships
District of Columbia Bar
Energy Bar Association
Alliance to Save Energy, Board of Directors
Foundation of the Energy Law Journal, Board of Directors (2001- 2006), Secretary (2002-2003), Treasurer (2003-2004), Vice President (2004-2005), President (2005-2006)
Charitable Foundation of the Energy Bar Association, Board of Directors (2002-2004, 2008-2009)
George Washington University Law School, Board of Advisors
Transylvania University, Board of Trustees

Awards and Recognition
Chambers USA, Band One in the category of Energy: Electricity (DC) (2005, 2006, 2007, 2008)
Chambers Award for Excellence 2006 in the category of Energy: Electricity in the US
Chambers Global, Band One in the category of Energy : Electricity (Regulation and Litigation) (2007, 2008)
Legal Times, Top Ten Attorneys in Energy Law
Best Lawyers in America (2006, 2007, 2008)
BTI Consulting Group's "2002 All-Star Team"

Publications
"Standards of Conduct: New Focus, New Challenges," The Electricity Journal, March 2009 (co-authored with Donna Attanasio)
"Interview: Obama Energy Vision," Energy Intelligence, March 2009
"Electricity Regulation 2007," Global Competition, (Contributing Editor)
"Electricity Regulation 2006," Global Competition, October 2005 (Contributing Editor, Co-author of the "United States" chapter)
"PUHCA Repeal: Six Months Away But Effects Already Emerging," The Energy Daily, August 25, 2005 (co-author)
"Electricity Regulation 2005," Global Competition, November 2004 (Consulting Editor, Co-author of the "United States" Chapter and "Market Access to Industrial Self-Generation: Obstacles and Solutions")
"Keeping the Faith: Default Service and Competitive Retail Electric Markets," Natural Resources & Environment, Vol. 19, #3, Winter 2005 (co-author)
"Electricity Regulation 2004," Global Competition, November 2003 (Consulting Editor, Co-author of the "United States" Chapter and "Is There A Future For Retail Competition In Electric Markets? A Global Overview")
"Trends & Insights: Increased FERC Scrutiny of Financing Activities of Public Utilities," Natural Resources & Environment, Vol 18, #1, Summer 2003 (co-author)
"Electricity Regulation, 2003," Global Competition, November 2002 (Consulting Editor and co-author of Global Overview and "United States" Chapters)
"The Challenge Of Contracting In A Retail Open Access Environment," Competitive Utility, December 1999 (co-author)
"Acquiring Ownership of Distressed Assets: A Golden Opportunity," Competitive Utility, December 1998 (co-author)
"Negotiating Solutions To Stranded Cost Liability," Competitive Utility, August 1996 (co-author)
"Taking Charge: Direct Purchases of Electricity and the Industrial Consumer," Southern Regulatory Policy Institute, Issue Paper No. 4, 1990 (co-author)
"Should Industrial Users Be Permitted to Make Direct Purchases of Electricity?" The Cogeneration Journal, Vol. 5, No. 4, 1990 (co-author)
"Industrial Opportunities to Engage in Direct Purchase of Electricity: The Purchaser's Perspective," Journal of Energy & Natural Resources Law, Vol. 7, No. 2, 1989 (co-author)
"Constitutional Constraints On State Efforts To Control Oil During Emergencies," Energy Law Journal, Vol. 5, No. 1, 1984 (co-author)
"After the EPAA: What Oil Allocation and Pricing Authorities Remain?" Energy Law Journal, Vol. 2, No. 1, 1981 (co-author); quoted in Energy and Natural Resources Law: The Regulatory Dialogue, F. Aman (Matthew Bender, 1983)
"Jurisdiction -- Maryland's Long Arm Statute Requires That a Cause of Action be Related to the Activities by Which a Nonresident Defendant Establishes Contacts with the Forum," The George Washington Law Review, Vol. 43, No. 1, 1974

Speaking Engagements
"Divestiture of Spin-offs and Consolidation Around Core Business," Platts 5th Annual Utility M&A Conference, New York, New York, June 23-24, 2008
US Power Financing Forum 2008, “Financing And Meeting The Need for Domestic Capacity” ProjectFinance, New York, New York, February 7, 2008
"Navigating the Shifting Tides of Energy Sector M&A After Repeal of PUHCA 1935," Platts 4th Annual Utility M&A Conference, New York, New York, June 25, 2007
"Developing and Enforcing Appropriate Rules to Address the Exercise of Market Power While Encouraging Investment," 2005 National Conference of Regulatory Attorneys, Baltimore, Md., June 13-15, 2005 (co-presenter)
"Overview of United States Regulatory Policies Regarding Revenues and Profits of Transmission Businesses," Conference on Creating
Value in Our TSO Companies in a Changing Business and Regulatory Environment, Warsaw, Poland, January 16-17, 2003
"Bankruptcy for Energy Lawyers: The PG&E Case," Energy Bar Association Mid-Year Meeting, Washington, DC, November 21-22, 2002
"Utility Affiliates: Fair Competition or Market Abuse," Conference on "MAIN & MAPP Power Markets: The New Dynamics," Minneapolis, Minn., September 1998
"ISO, 'Paving The Road to Competition,'" Conference on "The Legal Challenge of Restructuring: Post-Open Access," Arlington, Va., April 1997
"Utility Contracting Today: For Tomorrow," CIBO's Energy Options Conference, Richmond, Va. 1996
"Redesigning Power Pools For The Competitive Future," Washington, DC, October 1995
"FERC Initiatives Impacting Retail Competition," Conference on "Competitive Power Sourcing for Industrial Companies," Chicago, March 1995
"Access to Interstate Transmission Facilities," Public Utility Law Conference, Harrisburg, Penn., December 1994 (co-presenter)
"Exempt Wholesale Generators: Who Are They and How Will They Affect the Energy Marketplace," CoGen III Conference, Council of Industrial Boiler Owners, Hartford, Conn., May 1993
International Bar Association, 22nd Biennial Conference, Buenos Aires, Argentina, 1988

Languages
English

Citizenship
United States