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Julia D. English Partner

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Washington, D.C. T +1 202 857 1706 F fax +1 202 828 2993
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Julia’s practice focuses primarily on the representation of electric generation and transmission owners, developers, traders, financial institutions, investors, and investor-owned utilities in regulatory, transactional, and compliance matters involving the U.S. Federal Energy Regulatory Commission (FERC), the U.S. Department of Energy (DOE), the Department of State (import/export proceedings) and state regulatory commissions.

Julia regularly advises clients on federal energy regulatory matters related to the development, ownership and operation of electric generation and transmission projects; equity, asset and debt transactions involving electric projects; ISO/RTO market participation rules; generator interconnection issues, including shared facilities; and ongoing compliance with applicable FERC requirements.

Julia’s practice includes assisting clients in obtaining all required regulatory permits and approvals from FERC necessary to develop, own and operate jurisdictional facilities and those needed to consummate merger, acquisition, sales and reorganization transactions. She regularly works on Federal Power Act Section 203, 204, and 205 matters, including securing and maintaining market-based rate authorization and obtaining transaction approvals and on obtaining “exempt wholesale generator” status under the Public Utility Holding Company Act of 2005 and “qualifying facility” status under the Public Utility Regulatory Policies Act of 1978.

Julia conducts regulatory and interconnection-related due diligence on energy transactional and financing matters, advises on purchase and sale agreements and structures for transactions and prepares and  obtains the approvals and other filings required in connection with transactions. She also advises clients on ISO/RTO rules and compliance requirements for participation in wholesale capacity and electricity markets.

Experience

  • Advised major U.S. electric developer in restructuring ownership of over 4,000 MW of generating assets, including obtaining FERC 203 approval, MBR authorization and EWG status for new project companies, and making required RTO compliance filings.
  • Advised publicly-held generation developer in obtaining all FERC regulatory approvals and making all filings needed in connection with “spin” transaction where it was separated from investor-owned utility affiliates.
  • Advised U.S. corporation on state and federal requirements and approvals needed in connection with the development of behind-the-meter renewable generation in a number of states.
  • Advised a major U.S. energy developer in the development of a biomass-fired electric generating facility, including drafting and negotiating EPC agreement, fuel supply and transportation agreements, and partnership governance documents; advised on regulatory issues at the federal and state level; advised on potential project funding and grant opportunities under the American Recovery and Reinvestment Act (ARRA) and DOE loan guarantee program.
  • Advised a major U.S. power marketer in the acquisition of a long-term tolling agreement for a large non-utility electric generating facility; drafted and negotiated joint-venture agreements related to the transaction including an energy management agreement, ISDA hedging agreement, fuel supply agreements and transportation agreements; advised on regulatory matters related to the transaction.
  • Regularly advised facility owners, investors and lenders in the acquisition, divestiture and financing of interests in electric generating and natural gas transportation, gathering, and distribution facilities, including coordinating due diligence and regulatory opinions, drafting transactional agreements and advised on federal and state regulatory requirements.
  • Represented a U.S. electric utility in its request for proposals (RFP) for long-term power purchase agreements, assisted in negotiating tolling agreements resulting in executed contracts for over 1,400 MWs of capacity.
  • Represented a U.S. utility in its DOE loan guarantee application for a proposed nuclear generating facility under the DOE’s Loan Guarantee Program; assisting in drafting commercial agreements for the development of the project and in obtaining a credit rating for the special purpose entity created to hold the assets.
  • Represented a U.S. energy project developer in its application for a DOE grant under the ARRA for its proposed electricity storage project.
  • Represented a consortium of lenders in their application for a DOE loan guarantee under the agency’s Financial Institution Partnership Program (FIPP).

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