Jane E. Rueger practices in the Firm's Energy, Infrastructure and Project Finance Group with an emphasis in energy markets, regulatory matters and transactions. She regularly counsels electric utilities, transmission providers, large industrial customers, energy marketers and other utility service providers with respect to a wide array of regulatory issues under the US Federal Power Act (FPA) and the Public Utility Regulatory Policies Act (PURPA).

In particular, Ms. Rueger has assisted clients seeking to obtain Federal Energy Regulatory Commission (FERC) authorizations under Sections 203 and 204 of the FPA, to obtain or maintain market-based rate authority, including preparation and filing of triennial reports and notices in compliance with change in status obligations, and to maintain certification of status as a qualifying facility. Another aspect of her practice involves counseling utilities with respect to compliance with regulatory obligations, including interlocking directorate issues, Electric Quarterly Reports (EQR), Open Access Same Time Information System (OASIS) posting and standards of conduct. She further advises clients with respect to their obligations under the electric reliability standards adopted by the North American Electric Reliability Corporation (NERC). Ms. Rueger also has experience representing clients in FERC litigation and investigation proceedings. In addition, she has counseled market participants with respect to different market rules around the United States and the development of creative strategies for successfully operating within those rules.

Ms. Rueger's experience also extends to transactional matters such as the negotiation and drafting of power purchase and sale agreements, particularly with respect to renewable resource facilities.

Representative Matters:

• Representation of Constellation Holdings, Inc., the successful “stalking horse” bidder in a bankruptcy proceeding, as regulatory counsel, in its acquisition of approximately 3,000 megawatts (MWs) of generation for US$1.1 billion from Boston Generating, LLC and its subsidiaries. The work included performing regulatory due diligence; editing the draft purchase agreement to address regulatory concerns; securing FERC orders granting market-based rate authority, Exempt Wholesale Generator (EWG) status and, in contested proceedings, authorization under FPA Section 203; and advising the client of regulatory concerns and requirements throughout the proceedings;
• Representation of clients in ongoing, non-public, formal investigations into alleged market manipulation through bidding strategies in markets administered by Independent System Operators (ISOs) and Regional Transmission Organizations (RTOs);
• Representation of clients with the negotiation of power purchase and sale agreements applicable to solar, photovoltaic, wind and other renewable resource facilities;
• 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 the Electric Reliability Council of Texas (ERCOT);
• Representation of DTE Energy Services, Inc. as FERC counsel on acquisition and reliability issues;
• Representation of Occidental Chemical Corporation in extensive litigation before FERC on various issues, including transmission access;
• Representation of El Paso Electric Company in a complaint proceeding before FERC concerning unauthorized use of its transmission system for service having an annual value of more than US$5 million;
• Representation of Pacific Gas and Electric Company (PG&E) with respect to various regulatory matters, including preparation and filing of a triennial report in connection with PG&E's market-based rate authority and securing FERC authorization to acquire certain jurisdictional assets in California; and
• Representation of various acquiring entities with due diligence related to the acquisition of generation and transmission assets.

In addition, Ms. Rueger has assisted clients in the development, permitting and regulation of construction of high-performance natural gas storage projects under the Natural Gas Act (NGA) and related provisions of the National Environmental Policy Act (NEPA). She also has experience advising clients with respect to their FERC-regulated activities under the NGA and Natural Gas Policy Act (NGPA), including tariff administration, applications for market-based rates and compliance with the standards of conduct.

Prior to joining White & Case, Ms. Rueger represented clients in the energy field while at a leading international law firm.

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

Education
JD, Indiana University School of Law, magna cum laude, Order of the Coif, 2003
MBA, Indiana University, Kelley School of Business, 2003
BA, Wellesley College, 1999

Professional Associations and Memberships
District of Columbia Bar Association
California State Bar Association
Energy Bar Association, Assistant Treasurer (2010-2011), Vice Chair of the Programs and Meetings Committee (2010-2011), Chair of the Young Lawyers Committee (2009-2010)

Publications
"The Winds of Change: Commitment Secures Transmission Rights," The Electricity Journal, July 2009 (co-authored with Donna Attanasio)
"Keeping the Faith: Default Service and Competitive Retail Electric Markets," Natural Resources & Environment, Vol. 19, #3, Winter 2005 (co-author)
"Managing Development: the Perils of Over-Expansion," Indiana Journal of Global Legal Studies, Spring 2003

Languages
English

Citizenship
United States