Fred is an associate in the Energy, Infrastructure and Project Finance Group of White & Case and focuses on energy regulatory, litigation and transactional matters. He has a diverse and broad knowledge base developed over more than a decade in industry prior to entering into legal practice. His background in engineering, transmission planning, production cost modeling and compliance provides a valuable technical perspective for the Firm's clients. Fred has litigated and analyzed policy in an extensive range of matters under the Federal Energy Regulatory Commission's (FERC) jurisdiction. He has represented FERC as trial staff in proceedings involving, inter alia, electric transmission ratemaking, natural gas pipeline ratemaking and RTO/ISO tariff compliance. He also has worked to develop policy in numerous matters under FERC jurisdiction and interfaced with members of the US Congress as an advisor to a commissioner.
Fred provides counsel to clients with respect to issues before FERC, the North American Electric Reliability Corporation (NERC) and state regulators. He has experience with RTO/ISO market rules and issues under the Federal Power Act (FPA), Natural Gas Act (NGA), Public Utility Regulatory Policies Act (PURPA), Public Utility Holding Company Act (PUHCA) and Natural Gas Policy Act (NGPA).
His regulatory clients include electric utilities, transmission owners, large industrial consumers of power, energy marketers, natural gas pipelines, shippers and other service providers subject to the FPA, NGA and PURPA.
Prior to joining White & Case, Fred served as a legal advisor to Commissioner Colette D. Honorable at FERC where he advised the Commissioner on legal, technical and policy matters within Commission jurisdiction; and as a litigation attorney in FERC's Office of Administrative Litigation, where he led and participated in proceedings involving cost of service ratemaking, for both electric and natural gas service, and tariff compliance related to services taken under ISO/RTO or pipeline tariffs.
His regulatory and litigation experience includes:
Representation of Sempra Energy (NYSE: SRE), a Fortune 500 energy services holding company, in its US$9.45 billion all-cash acquisition of Energy Future Holdings Corp., which indirectly owns 80% of Oncor Electric Delivery Company, LLC, an operator of the largest electric transmission and distribution system in Texas. The transaction, which created the largest utility holding company in the US, valued Oncor at US$18.8 billion. This transaction was named "M&A Deal of the Year" by The Deal in 2018.
Representation of Calpine Corporation, an independent power producer, with respect to federal and state regulatory approval requirements, in its US$17 billion sale to Energy Capital Partners and a consortium of investors
Representation of Fortis Inc., Canada's largest publicly owned distribution utility, with respect to federal and state regulatory approvals and other issues in its US$11.3 billion acquisition of ITC Holdings Corp., an electric transmission company operating in the Great Lakes and Great Plains regions of the US
Representation of Occidental Chemical Corporation in federal district court and before the Louisiana Public Utility Commission in connection with a petition for enforcement involving an electric utility's obligation under PURPA to purchase power from Qualifying Facilities (QFs) at the electric utility's avoided cost rate
Advice with regard to settlement of alleged violations of the NERC reliability standards
His transactional experience includes:
Representation of Morgan Stanley Senior Funding, Inc., as administrative agent, sole lead arranger and sole bookrunner, in connection with a US$145 million senior secured exit financing facility for Homer City Generation, L.P.
Representation of Beal Bank in the acquisition, through its subsidiary CXA La Paloma, LLC, of all right, title and interest in a natural gas-fired, combined-cycle electric generating facility from La Paloma Generating Company, LLC, and CEP La Paloma Operating Company, LLC
Representation of various acquiring entities, or lenders to acquiring entities, with due diligence related to the acquisition of generation and transmission assets