Retail

Retail Energy Providers

Industry: Retail Energy Providers

The restructuring of electric wholesale markets has given customers choice over their commodity service and has fostered competition in the electric service industry. Retail electric providers (REPs), known by many names in many states, are at the forefront of an industry that is constantly evolving. Feller Law Group believes in the value of retail electric choice, and we work with REPs to navigate federal, RTO/ISO, state, and utility requirements to allow a retail electric choice to exist while protecting consumers.

Our job is not only to help you navigate through these regulatory hurdles, but also to keep you up to date with new and ongoing compliance requirements, and advocate for you as you negotiate numerous vendor and supply contracts. Every restructured state is unique in its regulatory environment; Feller Law Group stays ahead of the curve by remaining lean and nimble, allowing us to represent REPs across the country.

We serve REPs at every level, from start-up companies to established, multi-state organizations. We also provide a wide range of services, serving as outside counsel to our clients, working on issues such as the corporate formation of a two-person REP, and multi-million-dollar merger and acquisition negotiations. We have the capacity to be a “full-service” law firm for REPs; in fact, one of the most rewarding parts of our practice is watching our clients grow, innovate, and expand to achieve success in multiple markets.

For any REP we work with, our role is to provide not only compliance and advocacy services, but also regulatory risk consulting. All REPs today are, or should be, getting involved with demand-side management, unique marketing offerings, savings guarantees, and strategic partnerships with distributed energy resource firms. We are excited to work with our clients to identify unique market opportunities, advise on coupling commodity service with innovative offerings, and provide counsel on what developing regulations mean for you and your company.

Service: Regulatory Representation

It can often feel like the energy industry is a big collection of interconnected artificial markets, created by an alphabet soup of agencies at varying levels of government. That’s because it is! We regularly advocate for our clients before regional utilities, state utility commissions, RTOs, and FERC. Feller Law has worked with clients over numerous jurisdictions to keep them in business while under the pressure of direct regulatory scrutiny.

Our Staff is Available to Provide the Following Regulatory Representation Services

State Public Utility Commissions (“PUCs”)

• Supplier Licenses
  • Effective preparation of initial license applications and renewals with guidance tailored to individual State Commissions
  • Specific knowledge and relationships in individual State Commissions to ensure the review is completed as quickly and efficiently as possible
• Consumer Protection Compliance
  • Advise on compliance with a multitude of consumer protection requirements set by Commission actions and orders, agency regulations, and new statutes
• Monitoring Government and Regulatory Activity
  • Close monitoring of actions taken by state legislatures and state commissions, especially those impacting consumer protection and renewable energy requirements.
  • Provide and distill summaries of state government and commission action impacting retailers
  • Knowledge of potential and impending relevant government actions
• Managing Relationships:
  • Assist in the development and maintenance of good working relationships with state commissions and relevant stakeholders.
• Enforcement Matters
  • Represent suppliers in all aspects of state investigations into marketing practices and consumer complaints
  • Resolve investigations swiftly
• Preparation of Environmental and Other Reporting
  • Prepare annual and quarterly sales and market reports, environmental disclosure reports, and renewable portfolio standard reports in numerous deregulated state jurisdictions

Federal Energy Regulatory Commission (“FERC”)

We provide guidance in complying with all applicable FERC rules and regulations, filings and applications, as well as preparation of regulatory compliance documents typically required by power marketers, electric and natural gas suppliers, including:

• Federal Laws and Regulations: we analyze the application of the Energy Policy Act of 2005, the Federal Power Act, Natural Gas Act, Natural Gas Policy Act and various FERC regulations
• Legal Guidance Policies: draft memoranda that distill legal requirements and cumbersome regulations into clear business action items
  • Understand compliance requirements in the business context
  • Advise on anticipated and potential regulatory changes
  • Conduct internal compliance audits
  • Review internal compliance procedures
  • Identify missing filings and prepare the same to bring our client up to compliance
• Monitor and interpret CFTC developments pursuant to the Dodd-Frank Act
• Advise on company-specific impacts and potential responses
• Draft and submit comments on proposed CFTC rulemakings
• Arrange meetings with CFTC officials
• Applications for FERC market-based rate authority (FERC Authority)
• e-tariff filings & Electric Quarterly Reports
• Interlocking directorate applications
• Section 203 Application (required if selling/acquiring controlling interest company)
• Monitor FERC issuances and filings made to FERC
• Prepare comments on proceedings before FERC
• Analyze and interpret the application of pipeline tariffs
• Advise on rules, regulations, and requirements of transmission tariffs
• Compliance Culture: Review client documents and activities to ensure that all energy regulatory compliance requirements are considered and/or met.
• Work with Client to develop internal policies and procedures to create a culture of compliance

Commodity Futures Trading Commission (“CFTC”)

Provide strategic counsel on the impact and application of regulations implemented under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).

Monitoring of Agency Activities to Identify Legal Risks & Opportunities

Feller Law Group regularly monitors and reports on Federal and State regulatory, governmental, and legislative activities affecting the deregulated competitive retail natural gas and electricity markets. We provide clients with a monthly monitoring report, weekly or daily alerts, or any combination of the above to meet our clients’ needs.

• Monitor issuances of FERC Orders and follow FERC proceedings that affect the deregulated competitive retail natural gas and electricity markets
• Track energy policy initiatives across federal and state agencies and advise on business opportunities in alternative energy markets such as renewables, demand response, storage, and aggregation to name a few
• Monitor activities of state PUCs and other relevant agencies related to the development of in-state generation capacity and RPS mandates
• Track the development of North American Electric Reliability Council (“NERC”) Reliability Standards impacting suppliers

Regulatory Representation and Participation

Represent and advocate on behalf of Suppliers in relevant regulatory proceedings before FERC, state commissions, and other agencies

• Preparation of Applications, Comments, Position Papers and Related Documents;
• Prepare written comments in response to Notices of Inquiry, Notices of Proposed Rulemaking, Petitions and Complaints issued by FERC, CFTC and State PUCs
• RTO/ISO Representation:
  • Prepare and counsel on RTO/ISO membership applications & financial requirements
  • Represent Clients in RTO/ISO working groups, committees, etc.
  • Advise on Tariff rules, RTO/ISO standardized agreements & interconnection process
  • Develop Risk Management Policies for Clients compliant with Order No. 741

Attend Meetings, Agency Hearings and Industry Events:

• PUC meetings & RTO/ISO meetings
• Appearances before state utility commissions, CFTC & FERC
• Represent clients in utility meetings on specific issues

Energy Transactions & Corporate Matters

Act as outside general counsel advising on organizational matters, mergers and acquisitions, and the negotiation and preparation of assorted business agreements

• Negotiate Preferred Supplier and Hedge Agreements
• Draft formation and internal governance documents (i.e., operating agreement, bylaws, etc.)
• Advise on entering and exiting vendor agreements
• Perform due diligence reviews
• Provide transactional guidance and negotiation

Brokers & End Users

As the interface between customers and REPs, energy brokers are taking on greater roles and responsibilities in developing energy markets. Brokers may need to be licensed to operate in some markets and are being subjected to stricter rules regarding marketing activities. We advise brokers on licensing and registration with state commissions and best practices for marketing and advertising. We also handle ongoing regulatory compliance with state commissions, including marketing reports, license renewals, and license updates.

Energy Generators & Distributed Energy Resources Providers

A FULL SERVICE LAW FIRM FOR THE RETAIL ENERGY MARKET

Feller Law Group provides investors and businesses in the retail energy market industry full-service legal counsel, from company formation, operations, and ongoing compliance, to expansion into new energy markets like distributed energy resources. As the energy industry continues to fundamentally reshape the ways power is generated, transported, and consumed, we will work with your company to maximize new business opportunities both in front and behind the meter while maintaining and growing your existing customer base.

Our experienced team guides clients through wholesale and retail energy markets and a wide range of compliance issues. Through years of successful legal practice, we possess a comprehensive understanding of state regulations as they affect the industry’s major challenges.

The Heavily Regulated Energy Industry

States across the country are experiencing dramatic shifts in energy markets, with some expanding access and actively supporting the development of distributed energy resources, while others have started to close their doors to mass-market customers and heighten penalties for non-compliance.

Growing Opportunities in DER

New York’s energy retail framework is evolving to reflect the expanding market of DER and DER providers (including demand response, distributed storage, and distributed generation providers and suppliers). This is creating new markets for energy services beyond energy commodity and is increasing the opportunities for consumers to manage their energy usage and bills, facilitate wider market-based deployment of clean energy, and increase the benefits of retail competition. Feller Law attorneys can help both new and established energy providers navigate these evolving markets, advise on risk management and compliance best practices. With years of regulatory experience, we will represent your company’s interests in all agency proceedings while providing your business with tailored updates on trends and emerging market opportunities.

Renewable/Sustainable Energy & Emerging Technology

States across the country are experiencing dramatic shifts in energy markets, with some supporting development of distributed energy resources, while others have started to close their doors to mass-market customers and heighten penalties for non-compliance.

New York’s energy retail framework is evolving to reflect the expanding market of DER and DER providers and is creating new markets for energy services beyond energy commodity. New York is increasing the opportunities for consumers to manage their energy usage and bills, facilitate wider market-based deployment of clean energy, and increase the benefits of retail competition.

Feller Law attorneys can help both new and established energy providers navigate these evolving markets, advise on risk management and compliance best practices. With years of regulatory experience, we will represent your company’s interests in all agency proceedings while providing your business with tailored updates on trends and emerging market opportunities.