North America - United States • Energy

Kirkland & Ellis LLP

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Routinely handling a wide range of regulatory matters for the electric power market, Kirkland & Ellis LLP's advisory portfolio includes representing clients before authorities such as FERC, DOE, NRC, as well as CFTC. Power purchase agreements, M&A deals, and project development are among the key areas of activity for the firm alongside enforcement investigations and litigation. Brooksany Barrowes' experience covers ISO and RTO tariff proceedings as well as corporate compliance proceedings, among others, while Robert Fleishman fields in-depth expertise regarding the regulatory aspects of transactions within the energy market and routinely defends clients in enforcement actions. Andrew Stuyvenberg is another key practitioner in the team and offers experience acting on matters including FERC approvals for M&A deals, electric rate proceedings under the FPA, and nuclear regulatory issues. Marcia Hook left the firm in February 2024. All mentioned lawyers are based in Washington DC.

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Key clients

  • Blackstone Infrastructure Partners
  • GenOn Holdings, LLC
  • Bluescape Energy Partners LLC
  • Electric Reliability Council of Texas, Inc.
  • Aypa Power LLC
  • Investec Bank PLC
  • Blackstone Energy Partners III L.P.
  • Blackstone Capital Partners VIII L.P. and Portfolio Companies
  • Archaea Energy Inc.
  • Calpine Corporation
  • Cypress Creek Renewables
  • Air Products
  • Kindle Energy, LLC
  • Vineyard Wind 1, LLC
  • Ad Hoc Committee of Talen Energy Corporation
  • Ontario Teachers' Pension Plan Board
  • Voltus Inc.

Work highlights

  • Represented a coalition of ten companies that own merchant generation in PJM (led by GenOn Holdings, LLC) in litigation before FERC challenging record-setting capacity non-performance charges (penalties) assessed by PJM Interconnection LLC in connection with Winter Storm Elliott.
  • Advised Blackstone Energy Partners III L.P. and Blackstone Capital Partners VIII L.P., and their portfolio companies Transmission Developers, Inc., TDI-USA Holdings LLC, and CHPE LLC, in connection with the development and construction financing of the Champlain Hudson Power Express, an approximately 339-mile fully buried transmission line that will deliver approximately 1,250 MW of clean and renewable hydropower from Québec to New York City.
  • Advised creditors to Talen Energy Solutions on energy and nuclear regulatory matters in connection with a Chapter 11 restructuring of more than $10bn in debt and assets, including with respect to obtaining regulatory approvals from FERC and the Nuclear Regulatory Commission.

Lawyers

Leading lawyers

Brooksany Barrowes

Kirkland & Ellis LLP

Brooksany represents clients in transactional and regulatory matters in energy and infrastructure and in energy commodity markets. She has worked on cases before the Federal Energy Regulatory Commission, state public utility commissions including the Public Utility Commission of Texas, the Department of Energy, the Commodity Futures Trading Commission, and federal and state courts. Brooksany works with a range of energy industry clients, including energy trading companies, renewable and conventional electric generation and transmission owners, energy storage developers, natural gas and oil pipeline companies and public utilities. Brooksany also represents major financial investors in the energy industry. Brooksany’s recent experience includes representing clients acquiring or investing in large renewables and energy storage portfolios; securing FERC approval for corporate reorganizations or acquisitions under the Federal Power Act section 203; PURPA, EWG and QF advice; litigating various ISO/RTO tariff proceedings, complaints, rate proceedings and rulemakings; and advising clients acquiring or releasing natural gas transportation and storage services and structuring asset management agreements. She also has represented clients in FERC and NERC audits, assisted in internal investigations and developed regulatory compliance programs.

Next Generation Partners

Andrew Stuyvenberg

Kirkland & Ellis LLP

Drew Stuyvenberg is an energy regulatory associate in the Washington, D.C., office of Kirkland & Ellis LLP. Drew advises energy and financial industry clients in a variety of regulatory and transactional matters under the jurisdiction of the Federal Energy Regulatory Commission (FERC), the Department of Energy (DOE), state public utility commissions, the North American Electric Reliability Corporation (NERC), the Nuclear Regulatory Commission (NRC), and the Pipeline and Hazardous Materials Safety Administration. Drew has counseled clients in regional transmission organization tariff disputes, worked to secure FERC approval for mergers and acquisitions under Federal Power Act (FPA) section 203, advised on regulatory risks in natural gas and oil pipeline investments, counseled on Natural Gas Act (NGA) regulations and policies, supported electric rate proceedings under the FPA, and assisted clients in receiving natural gas and electric export authorizations. He has also provided nuclear regulatory counsel for mergers, acquisitions, and international trade matters. Drew regularly provides advice regarding compliance with the FPA, the NGA, the Interstate Commerce Act, the Public Utility Holding Company Act of 2005, the Atomic Energy Act and agency implementing regulations under each statute.

Other key lawyers

Brooksany Barrowes, Robert Fleishman, Andrew Stuyvenberg, Cassidy Hall