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Harold W. Bulger, III is an associate in the Energy, Infrastructure, Project and Asset Finance Group of White & Case and focuses on energy regulatory, litigation, and transactional matters. He provides counsel to clients with respect to issues before the Federal Energy Regulatory Commission (FERC) and state regulators. He has experience with issues under the Federal Power Act (FPA), Natural Gas Act (NGA), Public Utility Regulatory Policies Act (PURPA), and the Public Utility Holding Company Act of 2005 (PUHCA 2005).
Harold counsels international and domestic clients that 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, PURPA, and PUHCA 2005. Harold has experience involving matters such as tariff filings subject to FERC approval under either the FPA or NGA, the reporting obligations required by FERC under its market-based rate authority regime, transactions requiring FERC approval pursuant to Section 203 of the FPA, as well as FERC investigation and enforcement proceedings. In addition, Harold assists clients with navigating a wide range of energy regulatory matters arising in the context of M&A transactions, project financings, and contract negotiations. Harold has also counseled clients on the acquisition of liquefied natural gas (LNG) export authorizations from the US Department of Energy, LNG sale and purchase agreements, and advised a large municipal utility on agreements for a 300 MW utility-scale solar project.
Regarding pro bono work, Harold has volunteered with the Washington Urban Debate League and the Catholic Charities Legal Network of the Archdiocese of Washington. Harold has also been significantly involved in client representations on guardianship and mortgage fraud matters before the District of Columbia Superior Court.
Prior to joining White & Case, Harold represented clients in the energy field at another Washington D.C. law firm. While in law school, Harold was a member of the Environmental Law Review and interned for the Hon. Denny Chin of the United States District Court for the Southern District of New York.
Representation of various acquiring entities, or lenders to acquiring entities, with due diligence related to the acquisition of generation and transmission assets.
Preparation of applications to buy and sell FERC jurisdictional facilities under Section 203 of the Federal Power Act (FPA).
Preparation of applications for market-based rate authority to sell wholesale power pursuant to Section 205 of the FPA.
Assessment and advice related to natural gas pipeline interconnection agreements, precedent agreements, asset management agreements, and special provisions for North American Energy Standards Board base contracts for the sale and purchase of natural gas.
Representation of Canadian utility in the negotiation and drafting of a liquefied natural gas sale and purchase agreement.
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).
Wind Energy Law, Energy Law and Transactions (D. Muchow and W. Mogel, eds.), 2013, (co-author)
AGA FERC Manual: A Guide for Local Distribution Companies (2013), American Gas Association, 2013 Edition, June 2013, (co-author)
Hydro Power, Environment, Energy, and Resources Law: The Year in Review 2013, American Bar Association, 2013, (co-author)
Wind Energy Law, Energy Law and Transactions (D. Muchow and W. Mogel, eds.), 2012, (co-author)
Hydro Power, Environment, Energy, and Resources Law: The Year in Review 2013, American Bar Association, 2012, (co-author)