Jonathan draws on deep experience representing public and investor-owned utilities, industry trade associations, project developers and investors in the electric and natural gas industries to provide strategic counseling and hands-on conflict management.

Overview

Jonathan is widely recognized for his strategic policy advocacy and extensive experience as an administrative litigator and appellate advocate. He brings over 30 years' experience to provide strategic counseling needed to achieve complex energy regulatory objectives, combining mastery of regulatory law and policy with extensive experience as an administrative litigator and appellate advocate. His intimate knowledge of the Federal Energy Regulatory Commission (FERC), the Department of Energy, the reliability regime administered by the North American Electric Reliability Corporation (NERC) and the role played by relevant state authorities provides a wide angle approach to problem solving and conflict management.

Jonathan counsels clients across the spectrum of electric and natural gas regulation. He advises on a wide array of regulatory issues associated with electric and natural gas utility regulation, market oversight, asset purchase and sale and project development.

Experience

Lead counsel for a large group of investor-owned and municipal utilities in the Northwest Power Pool on organized market development. Successfully advanced related filings at FERC.  

Lead counsel for municipal utilities in the Rocky Mountain Region on organized market development.

Lead FERC counsel for a large municipal utility trade association in connection with economic regulatory and security policy.

Successfully structured compliance programs for various electric in response to mandatory reliability standards under Federal Power Act (FPA) section 215.

Counsel in a large number of FPA section 203 filings, and successfully navigated regulatory approval in connection with a hostile utility acquisition.  

Successfully counseled electric utilities in implementation of the Public Utility Regulatory Policies Act (PURPA).

Counsel to electric utilities and project developers in connection with a large number of disputes under PURPA.

Counsel to a large utility trade association in connection with cybersecurity policy and compliance.

Counsel to large utility trade association in connection with formation and compliance with the White House Cybersecurity Framework.

Lead counsel to a coalition of local distribution companies, natural gas marketers and producers leading to restructuring and functional unbundling of a major natural gas pipeline preceding Order No. 636 and a key player in the structuring and implementation of that order.

Input from clients and peers informs Jonathan's impressive rankings in Chambers USA, Super Lawyers®, and The Best Lawyers in America®. He frequently speaks and writes for industry and trade publications, is President-Elect of the Energy Bar Association (EBA) and serves on EBA's Board of Directors and the Boards of EBA's Charitable Foundation and the Energy Law Journal.

News & Insights

News

Speaking Engagements

Jonathan has lectured in numerous fora on a broad range of energy matters. Some of his more recent talks include:

  • "What's All This Talk About Resilience?," American Public Power Association (APPA) Legal & Regulatory Conference, October 2018 
  • "Federalism's New Friends: States Take the Environmental Lead in the Trump Era," Energy and Environment section 35th Annual National CLE Conference, January 2018
  • "Distributed Solar Power – Revolution or Science Project?" Energy and Environment section of 34th Annual National CLE Conference, January 2017
  • "Electricity and Electric Rate Regulation – An Introduction," Energy Bar Association Primer, April 2016 
  • "21st Century Utilities: The Electric Industry Grapples with Distributed Generation, Portfolio Mandates, Carbon Auctions, Consumer Retrofits, and Customer-Controlled Facilities," National CLE Conference, Vail, CO, January 2016
  • "Public & Private Partnerships – Legal & Policy Issues", 10th Annual Homeland Law Security Institute, August 2015 
  • "Getting Serious About Cybersecurity: Fun with the EO, PD DHS, NIST, NERC, ESCC, ES-ISAC, DOE and FERC," American Public Power Association Legal Seminar, Seattle, WA, October 2013 
  • "An Uneasy Peace; Municipal Utilities in a Changing Regulatory World," American Public Power Association Legal Forum, San Francisco, October 2007
  • "Complying with FERC's Market Manipulation Rules," Seminar sponsored by the American Public Power Association, Minneapolis, Minnesota, April 2007
  • "What RTO Crisis? FERC and the States Face the Issues," Federal Energy Bar Association December 2003
  • "Standard Market Design, RTO Development and What it All Means for the Gas Industry," American Gas Association Annual Regulatory Round-Up, June 2003 

Publications

Co-author, "What We Talk About When We Talk About Resilience, Energy Law Journal, November 2018

"FERC Gets It Right on DOE NOPR," Public Utilities Fortnightly, January 2018

"Ted Koppel: Right and Wrong," a review of Ted Koppel's book "Lights Out," Public Utilities Fortnightly, January 2017

"What Ted Koppel Gets Right and Wrong about Cybersecurity," a review of Ted Koppel's book "Lights Out," Energy Law Journal, November 2016

Recognitions

Recognitions

Recognized among America's Leading Lawyers for Business in the area of Energy: Electricity (Regulatory and Litigation) by Chambers USA

Listed in The Best Lawyers in America®, Energy Law, 2010-2020

Selected for inclusion in Washington, DC Super Lawyers®, Energy & Natural Resources, 2013-2017

Energy Bar Association, President-Elect, 2018-2019

Professional & Civic Activities

Professional & Civic Activities

Washington, DC Bar Association

New York State Bar Association 

Energy Bar Association

  • Vice President, 2017-2018
  • Board of Directors
  • Chair of Program Committee, 1996-1997, 1998-1999

Admitted to appear before various federal and state courts, and the U.S. Supreme Court

Admissions

  • New York, 1983
  • Washington, DC, 1999

Education

Albany Law School of Union University, J.D., 1982

Colgate University, B.A., Economics, with honors, 1978

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