Electric Power

Practice Contacts

Phillip G. Oldham
Douglas F. Pedigo
Rex D. VanMiddlesworth
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Transactional Experience

Thompson & Knight’s attorneys have extensive experience in transactions for the electric and gas utility sector, including the merger, acquisition, and divestiture of companies as well as power generation assets, both thermoelectric and hydroelectric. Thompson & Knight also has extensive expertise in EEI and ISDA standard forms for wholesale electric power and financial products, and in the current forms in the retail marketplace for residential and commercial and industrial (C&I) electricity service. 

Our attorneys are also current in the marketplace for renewable energy credits and how those fit into supply portfolios, and have a great deal of experience in renewable energy in general, particularly wind power. Thompson & Knight has assisted in negotiation of wind power transactions with values in the billions of dollars. Additionally, our attorneys are experienced in handling the tax aspects of electric power transactions.

Regulatory Experience

Working in a complex regulatory and business landscape, marked by changing rules and economies, we offer sound advice and straight talk that comes from in-depth policy, legal, and industry experience. Our broad experience includes navigating the wide array of statutes and regulations that affect our clients including power project developers, power consumers/purchasers, independent power producers, and power marketers.

Highlights of our regulatory practice include experience with:

A major focus of our counsel is on the effect of energy costs on the profitability of our clients. For more than 30 years, our attorneys have helped manage energy costs for companies doing business in Texas by synthesizing the key issues facing state regulatory bodies such as the PUC. We also understand the complex regulatory requirements governing the production and transmission of various energy sources in Texas. We are counselors to Texas Industrial Energy Consumers (TIEC), a trade association representing approximately 50 of the largest energy consumers in the state. Specifically, we represent TIEC before the PUC in contested rate proceedings, including base rate cases, stranded cost cases, fuel reconciliation controversies, and administrative rulemakings.

Many TIEC companies are leaders in oil and gas production and refining, and in all forms of manufacturing, including high-tech, pulp and paper, and virtually every type of chemical manufacturing. In addition to advancing the aggregate interests of TIEC members, our attorneys also advise on the electric energy needs of upstream, midstream, and downstream oil and gas companies.

Our attorneys regularly prepare and file pleadings with state regulators on behalf of entities on issues such as:

  • Building new power plants, including permitting;
  • Negotiating interconnection agreements;

  • Obtaining exempt wholesale generator or qualifying facility status;

  • Selling power at market-based rates;

  • Transferring ownership interests in power facilities;

  • Registering resources at all levels; and

  • NERC, RTO, and regional entity compliance.

Our attorneys combine vast administrative law experience with industry knowledge and trial skills to advocate in cases involving power generating companies and transmission companies, cogeneration, and electricity rates.
In rate cases and other types of administrative litigation, we defend clients and provide practical strategies for statutory and regulatory compliance. In addition to our ability to achieve administrative victories in cases before state agencies, we have also successfully defended those victories on appeal through the court system.