Combining sophisticated industry knowledge with full-service resources

Foley Hoag offers our regulated and merchant energy clients the best of both worlds: sophisticated energy-focused lawyers with access to other Foley Hoag services your company might need at any stage. 

Our Energy & Utilities Practice is fully integrated with the firm's corporate, tax, environmental, real estate, labor and employment and litigation practice groups. If a seemingly minor dispute regarding a power purchase agreement evolves into a complex constitutional law case, we have the breadth and depth of experience to handle it for you. If an asset-acquisition involves complex corporate tax issues, environmental due diligence and permit transfers, property valuation issues, and labor and employment matters, you can depend on our reputation and skill in each of these areas. Over the last several years, we have assisted energy companies in closing over $5.2 billion in asset acquisitions and sales.

Foley Hoag's Energy Practice has long been at the forefront of electric industry restructuring in New England and beyond. In representing our clients, we have been integrally involved in the negotiation or litigation of the restructuring plans for every major utility serving New England.

We counsel large energy users and aggregators regarding minimizing risk and maximizing opportunities in the restructured electric and gas markets. Our clients also seek our advice on antitrust matters and ISO/NEPOOL policies. For e-commerce energy entrepreneurs, our large, highly sophisticated Intellectual Property Group is experienced in all aspects of internet/e-commerce issues, with an extensive practice representing infrastructure, telecommunications, and energy services companies, as well as online retailers.

Representative Experience

  • Advised USGen New England, Inc. in the sale of its fossil assets to Dominion Energy New England, Inc., and its hydroelectric assets to TransCanada.
  • Represented MASSPOWER and Dartmouth Power Associates Limited Partnership in negotiating and obtaining regulatory approval for terminating and assigning Power Purchase Agreements with NSTAR.
  • Provided counsel to Dominion Energy Salem Harbor, LLC in negotiating an uncontested settlement to provide ratepayer funding for environmental improvements and continued operation of Salem Harbor Station.
  • Represented the Massachusetts Technology Collaborative regarding programs supporting the development of renewable energy resources and retail demand for energy from renewable energy resources, including the Massachusetts Green Partnership Program, the Clean Energy Choice Program.
  • Assisted the Rhode Island State Energy Office in the review of a contract between the Rhode Island Renewable Energy Fund and a project developer for the purchase of a Renewable Energy Certificate.
  • Advised American National Power in connection with transmission capacity issues in a New York siting proceeding.
  • Advised Massachusetts Institute of Technology in adjudicating magnetic field and land-use issues pertaining to the site of a 115 kV transmission line proposed by Cambridge Electric Light Company for Southern Energy Kendall LLC.
  • Represented Portland Natural Gas Transmission System Operating Co., LLC, in litigation with Maritimes & Northeast Pipeline LLC.
  • Provided counsel to PG&E Energy Services, Inc., regarding obtaining regulatory approval for the sale of its stock to Enron Energy Services Operations, Inc.
  • Negotiated on behalf of Florida Power & Light in a property-tax agreement for its merchant power plant in Bellingham, MA.
  • Advised Eastern Enterprises regarding complying with Securities and Exchange Commission (SEC) requirements, under the Public Utility Holding Company Act, in its acquisition of Essex Gas Company.
  • Represented PP&L Global in connection with bid preparation and ISO/NEPOOL issues pertaining to an asset sale by an investor-owned utility.
  • Acted as special counsel to the governor and attorney general of the State of New Hampshire for restructuring matters pertaining to Public Service Company of New Hampshire.
  • Represented USGen New England, Inc. in the acquisition of eighteen fossil- and hydro-generating assets from New England Power Company, as well as in related antitrust matters.
  • Advised Millennium Power Partners, L.P., regarding the siting and permitting of a 360 MW gas-fired generating facility in Charlton, MA.
  • Negotiated on behalf of the Rhode Island League of Cities and Towns regarding retail electricity sales agreements on behalf of a consortium of cities and towns in Rhode Island.
  • Represented the Retailers Association of Massachusetts in negotiating contracts for gas purchases for its members.
  • Advised PG&E National Energy Group in connection with a Massachusetts Department of Telecommunications and Energy ("DTE") proceeding on default service pricing and procurement.
  • Represented the Massachusetts Division of Energy Resources in connection with various matter related to electric restructuring. These matters included negotiation and review of the restructuring plans of Massachusetts Electric Company, Boston Edison Company, and Western Massachusetts Electric Company; DTE determination of the policy for Metering, Billing and Information System (“MBIS”) issues; implementation of the Renewable Portfolio Standard; negotiation and presentation of the 2002 proposal to modify the pricing and procurement of default service.
  • Advised NRG Energy Inc. in providing a regulatory opinion in connection with an asset refinancing.
  • Represented El Paso Energy in connection with pipeline property valuation disputes in Massachusetts.

Links

Massachusetts Department of Telecommunications and Energy
http://www.state.ma.us/dte

Independent System Operator - New England (ISO-NE)
http://www.iso-ne.org/

Restructuring Roundtable
http://www.raabassociates.org/main/roundtable.asp

Massachusetts Division of Energy Resources (DOER)
http://www.state.ma.us/doer

Office of the Massachusetts Attorney General
http://www.ago.state.ma.us/

National Association of Regulatory Utility Commissioners
http://www.naruc.org/

Federal Energy Regulatory Commission
http://www.ferc.gov/

Federal Communications Commission
http://www.fcc.gov/

Northeast Energy and Commerce Association (NECA)
http://www.necanews.org/