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Jane has a wealth of experience advising clients in the electric and natural gas industries. Her expertise in both these critical industries has been honed by significant experience in transactional, litigation and regulatory matters.
Jane's knowledge of natural gas and electric industries and markets helps clients navigate complex transactions. She regularly represents clients in the negotiation of power purchase agreements (conventional and renewable generation), M&A transactions, project financings, interconnection agreements, gas transportation capacity lease agreements, asset management agreements and LNG offtake agreements. She also counsels market participants on RTO/ISO market rules around the US and the development of creative strategies to successfully operate within those markets.
Jane's experience advising clients on litigation matters includes FERC litigation and settlements that involve electric or gas pipeline rates and RTO/ISO market structures. She also represents clients in non-public investigations into alleged violations under FERC's market manipulation rules, the Federal Power Act (FPA), Natural Gas Act (NGA) and Natural Gas Policy Act (NGPA).
Her regulatory clients include electric utilities, transmission providers, large industrial consumers of power, energy marketers and other utility service providers subject to the FPA and the Public Utility Regulatory Policies Act (PURPA). She has assisted these clients to: obtain FERC authorizations under Sections 203 and 204 of the FPA; obtain or maintain market-based rate authority; certify and maintain qualifying facility status under PURPA; comply with regulatory obligations including interlocking directorates, Electric Quarterly Reports (EQR), and the FERC standards of conduct; and understand and comply with the North American Electric Reliability Corporation (NERC) electric reliability standards.
Jane is a published thought leader in understanding the shale gas revolution in the US. She advises clients on the development, permitting and regulation of interstate gas pipelines, as well as the federal rules and regulations of interstate pipelines and facilities for the export of LNG from the US. She also counsels local distribution companies and intrastate pipelines on their FERC-regulated activities under the NGA and NGPA, which includes tariff administration, applications for market-based rates and compliance with the standards of conduct.
Representation of Occidental Chemical Corporation in a petition for enforcement involving an electric utility's obligation under the US Public Utility Regulatory Policies Act of 1978 to purchase power from Qualifying Facilities (QFs) at the electric utility's avoided cost rate.
Representation of Occidental Chemical Corporation in a pending complaint against the Midcontinent Independent System Operator, Inc. (MISO) with regard to the discriminatory treatment of QFs in the integration of the interconnecting utility into the MISO market.
Representation of Fortis, Inc. with respect to regulatory and other issues associated with its December 2013 agreement to acquire UNS Energy, which owns two regulated electric utilities and one regulated gas utility in Arizona. The total cost of the acquisition is US$4.3 billion. We will assist in obtaining state and federal regulatory approvals.
Representation of The Detroit Edison Company with regard to construction of a 102 MW wind generating facility in Michigan, as regulatory counsel, including preparing regulatory filings, providing regulatory advice regarding deal documents, and drafting and negotiating delegation agreements relating to NERC reliability standards.
Assessment and advice with regard to the FERC jurisdictional status of natural gas pipeline facilities and preparation of Abbreviated Applications for Limited Jurisdiction Certificates pursuant to Section 7(c) of the Natural Gas Act (NGA).
Market-Based Rates Primer: Lessons from the Trenches, April 23, 2013: Energy Bar Association, webinar presentation
Unlocking Demand for Natural Gas Pipelines, White & Case publication, April 2014, Co-author
Investing in U.S. Pipeline Infrastructure: Could the Proposed Master Limited Partnerships Parity Act Spur New Investment?, Harvard Business Law Review, November 2013, Co-author
FERC Addresses ISO-NE Capacity Supply Obligations, Walks a Fine Line Between Generator Cost Recovery and Maintaining Reliability, Washington Energy Update, August/September 2013
EPA Proposes Carbon Emission Standards for New Power Plants: First of a One-Two Punch for Coal?, Washington Energy Update, August/September 2013, Co-author
DOE Begins to Authorize Pending LNG Export Applications—Cautiously, Washington Energy Update, April/May 2013