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.
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.
