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North America - United States • Energy

McDermott Will & Emery LLP

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McDermott Will & Emery LLP‘s energy regulation offering comprises transmission, interconnection, and reliability issues in addition to litigation and investigations by authorities such as FERC and CFTC. The firm also covers renewable energy generation and transactions within the power market. The Washington DC-based team is headed jointly by Neil Levy, who counts independent power producers, marketers, and merchant transmission developers among his clients, and David Tewksbury, who is particularly well versed in regulatory issues pertaining to rules for organized bid-based electricity markets. Operational, compliance, and regulatory matters are routinely handled by Stephanie Lim, while Bruce Richardson stands out for his expertise relating to cost-based ratemaking and reliability must-run. Robert Lamkin left the team in May 2024.

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Key clients

  • Algonquin Power & Utilities Corp.
  • AltaGas Services (U.S.) Inc.
  • Apex Clean Energy, Inc.
  • BlueWave Energy
  • Calpine
  • Clearway Group
  • Clearway Energy
  • Cordia, LLC
  • ConnectGen LLC
  • CPV
  • Distributed Solar Development, LLC
  • Eastern Generation, LLC
  • Enfinity Global, Inc.
  • Eolian, L.P.
  • EPSA
  • Empire Generating Company, LLC
  • Empower Energies
  • GenOn
  • Global Infrastructure Partners
  • Hubbell Power Systems, Inc.
  • Hull Street Energy, LLC
  • Indeck Energy Services, Inc.
  • Independent Power Producers of New York, Inc.
  • Invenergy LLC
  • J-POWER
  • Jupiter Power
  • Leeward Renewable Energy, LLC
  • Longview Power, LLC
  • LS Power
  • Mammoth North LLC
  • Marubeni Power International, Inc.
  • Mitsubishi Power Americas, Inc.
  • Montour Solar One LLC
  • NEPGA
  • NextEra Energy Resources, LLC
  • NRG
  • Omnis Fuel Technologies, LLC
  • Onyx Renewable Partners L.P.
  • Pirlo Energy Holdings, LLC
  • Pine Gate Renewables, LLC
  • P3
  • Primergy Solar LLC
  • ReEnergy Holdings LLC
  • REV
  • Safari Energy
  • SB Energy
  • SK E&C BETEK Corporation
  • Talen
  • Tenaska
  • TerraForm Power, LLC
  • Vistra Energy Corp.

Work highlights

  • Represented EPSA, Calpine, CPV, Eastern Gen, J-POWER, LS Power, NRG, and P3 in proceedings before FERC and the U.S. Courts of Appeals for the Seventh Circuit and Third Circuit with respect to offer-floor mitigation rules for the PJM Interconnection capacity market.
  • Represented affiliates of CPV, J-POWER, LS Power, and REV in connection with non-performance penalties arising out of Winter Storm Elliott.
  • Represented the affiliates of clients including Advanced Power, CPV, GenOn, Indeck, and J-POWER in numerous FERC proceedings to obtain, defend, modify, or transfer reactive power service revenue requirements.

Lawyers

Leading associates

Rising stars with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.

Stephanie Lim

Stephanie Lim

McDermott Will & Emery LLP

Stephanie S. Lim represents independent power producers, power marketers, trade associations, and others in a wide variety of regulatory matters before the Federal Energy Regulatory Commission (FERC), courts of appeal and state public utility commissions. She counsels clients on the structure of electricity markets and the design of capacity markets. Stephanie also represents private equity clients and power producers on transactional matters, including mergers and acquisitions. Stephanie focuses her practice on operational and compliance issues, as well as matters arising under the Federal Power Act, the Public Utility Regulatory Policies Act of 1978, the Public Utility Holding Company Act of 2005, and the rules of regional transmission organizations and independent system operators. Stephanie represents clients in proceedings before FERC regarding the design and application of market rules. She also counsels clients in obtaining FERC authorization to sell electric energy, capacity, and ancillary services at market-based rates, exempt wholesale generator and qualifying facility status, and transfers of FERC-jurisdictional assets. In addition, Stephanie assists clients with regulatory and transactional aspects of electric generation and transmission project development and financing.

Leading partners

The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.

Neil Levy

McDermott Will & Emery LLP

Partner Neil L. Levy focuses his practice on energy-related regulatory and transactional matters. He represents independent power producers, electric power and natural gas marketers, merchant transmission developers, interstate pipelines and local distribution companies before the Federal Energy Regulatory Commission (FERC), state public utility commissions and the courts of appeal. Neil regularly represents private equity clients in merger and acquisition transactions in the energy sector. He also focuses on representing clients in energy-related investigations and audits before FERC and the Commodity Futures Trading Commission. Neil advises clients in regulatory, administrative litigation and transactional issues arising under the Federal Power Act, the Natural Gas Act, the Public Utility Holding Company Act of 2005, the Energy Policy Act of 2005 and the Public Utility Regulatory Policies Act of 1978. In addition, he assists clients with drafting and negotiating electric power and natural gas supply contracts, electric and natural gas interconnection agreements, transmission service agreements, and capacity release agreements. Please visit our website for further details: https://www.mwe.com/people/levy-neil-l/

David G. Tewksbury

McDermott Will & Emery LLP

Partner David G. Tewksbury focuses his practice on federal energy regulatory law, particularly as it relates to electric power. He advises independent power producers, power marketers, trade associations and others on a wide range of federal energy regulatory, markets and reliability matters. David handles issues arising under various federal and state laws, including the Federal Power Act, the Public Utility Regulatory Policies Act of 1978, the Natural Gas Act, the Natural Gas Policy Act of 1978, the Public Utility Holding Company Act of 2005 and the Energy Policy Act of 2005. His portfolio of transactional matters include electric power and natural gas supply contracts, transmission service agreements, interconnection agreements, pipeline leases and capacity release agreements, mergers and acquisitions and bankruptcy restructurings. Please visit our website for more details: https://www.mwe.com/people/tewksbury-david-g/

Practice head

The lawyer(s) leading their teams.

Neil Levy, David Tewksbury

Other key lawyers

Stephanie Lim, Bruce Richardson