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Practice Areas :
Sustainability and Clean Technology
Federal and market incentives to improve energy efficiency and conservation, as well as regulatory and technological developments to create a smarter grid, are revolutionizing the way electricity is produced, transmitted and consumed. Our Energy Efficiency and Smart Grid team helps clients understand and capitalize on business opportunities created by the energy efficiency and smart grid policies of the federal government and the states.
Patton Boggs’ strength comes from years of counseling clients in telecommunications, energy, intellectual property, environmental law, business, public policy and homeland security matters. Our expertise in each of these substantive areas of law provides the foundation for our representation of clients who build and operate components of smart grid, such as smart meters, renewable and distributed energy systems and applications to “run” the smart grid.
Our team includes former leaders of key federal agencies who have spearheaded the development of smart grid policies, such as former commissioner of the Federal Energy Regulatory Commission (FERC) Suedeen Kelly, who is currently serving a three-year term on the Smart Grid Advisory Committee of the National Institute of Standards and Technology, and former chair of the Federal Communications Commission (FCC) Kevin Martin. Other members of our team have significant congressional and executive branch agency experience. Together, we regularly advise clients on matters pending before Congress and federal agencies, including FERC; the FCC; the Departments of Energy (DOE), Homeland Security and Commerce; the Environmental Protection Agency; and the Federal Trade Commission (FTC), as well as before state public utility commissions.
Our attorneys represent domestic and international clients who are leading participants in the development and deployment of the smart grid, from generation and transmission companies and electric distribution systems to telecommunications and technology companies, clean tech investment funds and municipalities.
Our team also advises corporations and public entities on the impact of energy efficiency policies on their specific business strategies and projects, as well as on the marketplace in general. As additional federal and state energy efficiency incentives have been made available in recent years, we have assisted localities in taking advantage of Energy Efficiency Community Block Grant funds for energy efficiency projects and have also assisted municipalities with broadband deployment for use in smart grid communication applications, in addition to helping major manufacturers pursue Energy Star and other recognition for their products.
Our team has also worked on behalf of clients to advance energy and tax legislation providing tax incentives to homeowners, developers and rural electric cooperatives for the purchase and installation of energy-efficient appliances, windows and other fixtures. We have also assisted clients in their pursuit of Advanced Energy Manufacturing Tax Credits under the American Recovery and Reinvestment Act for the construction of new, expanded or re-equipped manufacturing facilities.
Representative Matters:
- Advised manufacturer of renewable energy equipment on federal statutes and regulations governing smart grid protocols and energy policy and assisted in development of solar markets for client’s international subsidiary.
- Advised federal contractor regarding grant opportunities through the American Recovery and Reinvestment Act for smart grid grants.
- Advised techcomm company and wind generation project developer on interrelationship between smart grid and wind generation, including benefits derived from use of smart grid technologies for a wind project.
- Advised electric utility and techcomm clients on FERC’s policies regarding smart grid operational and business standards as well as the recovery of smart grid project costs in electric utility rates.
- Drafted “Red Flags” policy and procedures for an electric utility in compliance with FTC anti-identity theft rules.
- Advised a battery storage manufacturer on the regulatory characteristics of alternative market channels and the regulatory requirements associated with cost recovery if characterized as an electric generator, demand response provider or transmission asset.
- Counseled major multinational water heater manufacturer in the pursuit of legislation to reauthorize tax incentives for the purchase of energy-efficient products.
- Advised clients on FERC’s proposal to develop rules for market-based demand response compensation in the wholesale power markets.
- Advised electric cooperatives on FERC policies impacting their ability to manage a portfolio of load-side resources, including both distributed generation and demand response mechanisms.
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