Energy Policy and Legislation

Actions taken by the various legislative and administrative branches can have a significant impact on the electric utility industry. Troutman Sanders has a robust energy policy and legislation practice that supports our energy clients in shaping federal and state laws and policies.

Many of our attorneys have spent part of their careers inside government. Some have served as Capitol Hill legal counsel, as senior officials in the U.S. presidential administration and the Federal Energy Regulatory Commission (FERC), and in state governments. We continue to have positive working relationships with officials at the White House, in Congress, in state legislatures and state public service commissions, and in federal agencies including FERC, the Department of Energy (DOE), the U.S. Securities and Exchange Commission (SEC), the Environmental Protection Agency (EPA), the Internal Revenue Service (IRS) and the Treasury.

By virtue of our relationships with key policymakers, the firm is well positioned to influence the evolution of energy policy. We help our clients effectively monitor emerging developments and trends. Our attorneys provide analysis, drafting and advocacy that move laws and policymaking in the proper direction.

Smart businesses anticipate congressional activities and work with an experienced team to gear up using a combination of political and substantive defenses and responses. Troutman Sanders is that experienced team — we offer in-depth coverage, strong analytical capability and access to key decision makers.

We have significant experience in the following areas:

  • Reliability legislation. We drafted the first version of the reliability standards legislation and remained engaged in drafting revisions until the language was ultimately passed as part of the Energy Policy Act of 2005 (EPAct 2005).
  • Renewable energy support. We serve as counsel to the U.S. Partnership for Renewable Energy Finance, a project of the American Council on Renewable Energy. We are also working on issues relating to the extension of the production tax credit and the investment tax credit, as well as other provisions relating to renewable energy.
  • General Federal Power Act issues. We provide legislative counsel and advice to utility companies regarding various issues arising under the Federal Power Act and related legislation, including transmission access and cost recovery.
  • Climate change. We have been involved in climate change legislative and regulatory proceedings since the early 1990s, and have served as counsel in many of the landmark climate change proceedings and lawsuits.
  • Clean coal technology. We are engaged in negotiations on the drafting of the investment tax credit (ITC) for advanced coal technologies that was included in EPAct 2005.

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