Firm Overview

EXPERIENCE
For more than 20 years he has advised energy sector clients on all aspects of power project and electric transmission development throughout the United States. He protects client interests before Federal Energy Regulatory Commission (FERC), preparing client submissions and meeting with FERC commissioners and key staff on rulemaking for transmission cost allocation and planning, transmission incentive rates, market rules and RTO and ISO governances, among other matters. At the state level, Mike has appeared formally on behalf of clients before more than a dozen state regulatory commissions. In addition, Mike has managed the legal aspects of project development, from certificates of public convenience and necessity to air permits, from EPC contracts to post-construction warranty disputes. Mike has also provided regulatory diligence review for transactions involving electricity assets and made regulatory filings for approval of such transactions.
Mike has represented clients for more than 30 years involved in state, federal and international complex civil litigation matters, often involving laws that regulate the energy sector. He represents regulated utilities, independent developers, banks and private equity funds in regulatory and adversarial proceedings in federal and state courts, before federal and state administrative bodies, and international arbitration forums. As lead counsel, Mike has represented clients in national and international energy-related litigation, in a variety of forums, in matters including shareholder disputes, qualified facility contract disputes, coal supply contract disputes, power purchase agreement disputes, warranty and performance disputes, tariff disputes, siting matters, utility easement issues, tax disputes and insurance coverage disputes. In his last three matters alone Mike has secured more than $125 million in favorable rulings or settlements.
Mike also spent five years as in-house litigation counsel for a regulated utility with an independent development arm.

Click here for details of his energy law experience.

Veteran attorney Bob Fallon helps clients navigate the complexities of the Federal Energy Regulatory Commission (FERC). Having dedicated over 35 years to mastering the intricacies of FERC (including 12 years as an agency lawyer), Bob is uniquely prepared to develop strategies that provide the greatest client value consistent with established objectives. As one client commented after a successful (and timely) outcome in a case, “[y]our FERC strategy and execution was very impressive.”

His clients rely on him to translate arcane FERC jargon into language understandable to agency decision makers and to pave the way to a successful relationship with FERC Staff. Bob’s old school pride in providing exemplary client service has earned him these comments from corporate general counsel: “his client service is impeccable” and from another, “as always you go above and beyond and are one of the most responsive lawyers we have.”

Those who seek out Fallon’s expertise include:

–Market participants including trade associations, in designing wholesale natural gas and power markets

–Entities entering into transactions in wholesale power, natural gas and hydroelectric markets

–Shippers transporting natural gas and refined petroleum products by pipeline

–Market participants in investigating and responding to a FERC enforcement action and in complying with FERC rules.

More specific to FERC rules, Bob regularly advises, trains and represents clients attempting to comply with FERC rules on market manipulation. As one client has said, Bob “brings a passion” to normally dry compliance work – a passion required to connect with energy traders on these important issues.

Click here for his detailed energy law experience.

Ms. Switzer regularly advises clients on matters pertaining to the Federal Energy Regulatory Commission (FERC) and the Federal Power Act, formula rate proceedings, market-based rate filings, filings to purchase or sell generation and transmission assets, and Regional Transmission Organizations/Independent System Operators matters.  She guides clients through disputes related to the generator interconnection processes of both public and non-public utilities.  Ms. Switzer has represented generators, transmission developers, and public power entities in a variety of contested and uncontested proceedings before FERC. 

Ms. Switzer began her career in the Office of General Counsel – Energy Markets with FERC, where she worked on competitive transmission issues and FERC market-based rate issues.  After moving to Texas, Ms. Switzer represented the public interest as an attorney with the Public Utility Commission of Texas.  There she litigated electric and water rate cases and applications for certificates of convenience and necessity including cost-of-service ratemaking for utilities located outside of ERCOT and ensuring that Texas ratepayers would not bear any costs associated with a new merchant transmission line.

Representative Work

• Assists transmission developers in preparing cost-of-service formula rate filings and representing clients in annual formula rate update proceedings.
• Routinely advises clients on generator interconnection-related issues, including FERC’s latest revisions to the generator interconnection process in Order No. 2023, questions related to material modifications, and interconnection issues within a federal monument area.
• Frequently advises clients on transmission planning issues, such as planning for aging infrastructure and applicability of competitive transmission rules, in stakeholder meetings and in contested proceedings before FERC.
• Advises trade association representing renewable natural gas on FERC gas quality issues.
• Represented clients in Section 203 proceedings related to the sale or transfer of generation and transmission assets.
• Prepared market-based rate filing, well-versed in all aspects of FERC’s market-based rate program and required rate filings.
• Advocated for client in reactive power compensation rate proceeding.
• Drafted comments on various transmission-planning-related rulemakings before FERC, including transmission planning and incentives rulemakings.
• Advised client throughout FERC settlement proceeding related to natural gas general rate proceeding.
• Assisted client in filing complaints disputing cost allocation methodologies for regionally beneficial transmission projects.
• Represented public power client in stakeholder meetings and negotiations in resolving a utility’s ancillary services rate update.
• Represented clients in appeals to the United States Court of Appeals for the District of Columbia Circuit, drafted portions of the brief, and prepared parties presenting oral argument.

Professional Affiliations:

• District of Columbia Bar Association
• Texas Bar Association
• Energy Bar Association

Education:

• Vermont Law School, Doctor of Law (J.D.), cum laude, 2005 – 2008
• Austin College. Bachelor of Arts (B.A.), History, cum laude, 2000-2004