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 to view Bob’s “Red Flags of Potential Market Manipulation.”

Click here to view the requirements FERC market-based holders must keep in mind.

Click here to view FERC gas rules on capacity release.

REPRESENTATIVE MATTERS

Electric

• Representing generator in seeking interconnection under Section 210 of the Federal Power Act
• Primary regulatory attorney for company buying a coal fired generator with a long lead line, complex transaction involving all aspects of FERC regulation
• Reviewing and editing internal FERC compliance plans for electric generator
• Represented individual in FERC Enforcement investigation
• Represented two separate clients in two recent self-reports
• Advising on generation interconnection issues including net metering and the jurisdictional status of a QF interconnection as well as interconnection issues within a national monument
• Advised a prospective purchaser of assets in PJM on reactive power and black start revenues
• Updated market-based rates and qualifying facilities recertification for a client implementing an internal corporate restructuring
• Argued and briefed 4 cases before the United States Court of Appeals for the District of Columbia Circuit
• Filed a successful complaint in FERC Docket No. EL15-89 against Midcontinent Independent System Operator for acting without tariff authority
• Obtained FERC 203 approval opposed by two entities in 32 days
• Advised subject matter experts for a utility in preparing for an audit of compliance with the standards of the North American Electric Reliability Corporation
• Represented QF required to make refunds for selling electricity without Commission authorization
• Advised electric utility on interlocking directorate issues

Natural Gas Pipelines

• Participated in forming the strategy behind and the implementation of FERC Order No. 636, the most successful regulatory policy in the history of FERC
• Successfully settled dispute with pipeline over under delivered gas
• Routinely represents shippers on cost of service and cost allocation issues on interstate pipelines, including the allocation of administrative costs under an incremental rate design
• Represented a natural gas fired generator in settling cost allocation issues on the Eastern Shore pipeline
• Advised on the force majeure provisions of the NAESB contract
• Routinely advises on Asset Management and Capacity Release Agreements under FERC Order No. 712 and transportation agreements under 311 of the Natural Gas Policy Act
• Advised trade association representing renewable natural gas suppliers in successfully rejecting Florida Gas Transmission RNG tariff
• Advising hydrogen developer on FERC gas quality issues
• Representing a client in the FERC’s review of its natural gas pipeline policy statement
• Advised owner of property on FERC pre-filing requirements for LNG projects

Hydroelectric

• Recently advised purchaser of hydro assets on FERC requirements for hydro facilities and market-based rates.
• Successfully navigated an exchange of land at FERC involving his hydroelectric client, a residential developer and current leaseholders
• Led a team of attorneys in a five-month effort culminating in the sale of a FERC-licensed hydroelectric plant and associated industrial facilities
• Received an amended project boundary for a hydroelectric facility in five months without questions from FERC Staff
• Represented a client in seeking hydroelectric license extension to coordinate with hydroelectric owners on the river basin
• Represented a client in updating its recreation plan to add seasonal campsites

Refinded Products Pipelines

• Representing a shipper in opposing Colonial Pipeline’s proposals for allocating scarce oil pipeline capacity
• Quashed a subpoena before a FERC administrative law judge issued by a pipeline to a products terminal
• Prepared all documents required to conduct an “open season” for a new oil pipeline from North Dakota
• Represented shipper in successful settlement on pipeline force majeure provisions in the context of Covid-19 pandemic

Pro Bono Matters

• As part of the 2014 Clemency Project, Bob successfully represented a client whose life sentence was commuted to 25 years; recently filed a motion for compassionate release for the same client seeking further reduction
• He also represented a client in overturning at hearing an adverse Social Security Administration (SSA) disability determination