Education
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George Washington University Law School, J.D., with honors, 1988
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St. Cloud State University, B.A., summa cum laude, 1985
Bar Admissions
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District of Columbia
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Maryland
Court Admissions
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U.S. Supreme Court
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U.S. Court of Appeals for the District of Columbia Circuit
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U.S. Court of Appeals for the 5th Circuit
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U.S. Court of Appeals for the 9th Circuit
Awards and Honors
- Named one of the Top Women Lawyers in the Northeast, Energy and Utility Law, Arrive (July/August 2011)
- Recognized, Washington Super Lawyers, 2008 and 2009
- Rated AV Preeminent by Martindale-Hubbell
- Outstanding Member at Large Award, Women’s International Network of Utility Professionals (2005)
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Debbie Swanstrom’s transactional, regulatory and litigation skills enable her to serve clients cost-effectively throughout the course of an energy project—from inception of a creative idea for a project or transaction, during negotiations and the regulatory approval process, and in litigation, if necessary. She frequently represents clients on regulatory matters related to renewable generation and electric transmission projects.
Ms. Swanstrom guides clients through the jurisdictional maze of federal and state regulation and advises them on strategies to achieve increased revenues or cost savings while minimizing regulatory burdens. She negotiates and advises clients on project development, fuel, power purchase and supply, electric transmission and gas transportation contracts. She also counsels clients on Federal Energy Regulatory Commission (FERC) and Commodity Futures Trading Commission (CFTC) regulations and reliability standards developed by the North American Electric Reliability Corporation (NERC) and regional entities; conducts compliance training and internal audits or investigations; and litigates disputes before FERC, state commissions and courts.
Ms. Swanstrom is skilled in FERC’s policies and regulations regarding renewable energy, demand response, smart grid, open access transmission, the siting of new transmission facilities, generation interconnections, reliability standards, standards of conduct, regional transmission organizations (RTOs), asset acquisitions and divestitures, contract and tariff complaints, anti-market manipulation rules and reporting requirements. She helps clients proactively shape regulatory policies both before FERC and in the press, builds coalitions and advocates clients’ interests in rule-making proceedings.
Ms. Swanstrom has more than 20 years of experience representing clients from diverse segments of the electric and natural gas industries, resulting in a well-rounded perspective of strategic issues facing participants in those evolving markets. She has represented government and investor-owned electric utilities; investors in generation and transmission projects; industrial electricity consumers; state and local regulators; gas pipelines;local distribution companies; producers and marketers.
Representative Matters:
- Successfully drafted and implemented innovative reforms to transmission provider’s generation interconnection process to advance the development of renewable energy projects.
- Prepared cutting-edge transmission tariff provisions for open season process to upgrade major transmission line exporting renewable energy.
- Successfully advocated interests of coalition of government and investor-owned utilities on transmission policy issues in major open access transmission and standards of conduct rule-making proceedings at FERC.
- Successfully negotiated multi-party interconnection agreement for large solar generating facility to be constructed in phases.
- Provided compliance training on FERC anti-market manipulation and standards of conduct rules to numerous clients to successfully prevent regulatory problems before they occur.
- Won FERC appeal reversing NERC decision that applied reliability standards over broadly to retail power marketer.
- Achieved FERC approval of sale of transmission assets, along with major power plant, for buyer without regulatory conditions or extensive market power analysis.
- Achieved FERC approval of ground-breaking open access transmission reciprocity tariff and standards of conduct filed voluntarily by non-jurisdictional electric utility at FERC.
- Successfully resolved, without litigation, complaint phoned into FERC Enforcement Hotline regarding transmission service priorities.
- Won litigation at FERC against power marketer seeking an electric contract termination payment from buyer in excess of $100 million and persuaded Administrative Law Judge to recommend disgorgement of $1.6 billion in unjust profits.
- Victorious in numerous discovery motions at FERC, including a request for sanctions, and uncovered audio recordings of Enron phone calls containing evidence of market manipulation that gained national media attention.
- Achieved favorable ruling from FERC Administrative Law Judge recommending approximately $21 million refund for energy purchased by electric utility.
- Achieved favorable dismissal of unsupported allegations of electric market manipulation on behalf of electric utility.
- Successfully negotiated reduction in gas transportation rates, providing approximately $3.8 million in savings and obtained right to terminate contract early for purposes of switching suppliers.
- Successfully negotiated innovative electricity supply, lease and management agreements on behalf of corporation providing financing for construction of new co-generation facilities on college campus.
- Performed comprehensive analysis of application of antitrust laws to electric industry.
- Retained as expert witness in contract dispute involving gas imbalance penalties that settled successfully.
- Persuaded FERC to impose unique condition on merger of large gas and electric companies to protect competition from harm.
- Managed team of attorneys and professional consultants in victorious effort to obtain government funding for clean coal technology.
Professional Affiliations:
- Compliance and Enforcement Committee of Energy Bar Association (2011-Present)
- Renewable Energy Committee of Energy Bar Association (2010)
- Chair, Women in Power® Forum (2004-Present)
- Chair, Legislative Issues Committee of Women's International Network of Utility Professionals (formerly, Electrical Women’s Roundtable) (1996-2005)
- Electric Utility Regulation and Finance & Transactions Committees of Energy Bar Association (2003-2005)
- Chair, Natural Gas Regulation Committee of Energy Bar Association (2002-2003)
- Women’s Council on Energy and the Environment (1992-2005)
- Environment, Energy and Resources Section of American Bar Association (1989-2005)
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