Energy Law Fundamentals: Regulatory Framework, Project Development, Key Agreements

Mr. Nugent is a senior counsel in Norton Rose Fulbright's energy projects group based in Denver. He represents electric utilities, power producers, private equity, transmission and generation developers, cooperative and utility customers on electric, natural gas and refined products matters before the Federal Energy Regulatory Commission and state public utility commissions. Mr. Nugent commonly works on asset purchase and sales, project development, financing, interconnection and transmission service, ratemaking, legislative and regulatory strategy, negotiation and litigation, contracting and a broad range of regulatory compliance matters.

Mr. Zimmet has been an energy regulatory practitioner for more than two decades, with a focus on Federal Energy Regulatory Commission (FERC) regulation under Part II of the Federal Power Act (FPA), the Public Utility Regulatory Policies Act of 1978, and the Public Utility Holding Company Act of 2005. His legal experience extends to almost all aspects of federal regulation of the electric industry, including cost-of-service and market-based rates, open access transmission rules and policies, rules governing the operation of organized electricity markets (including energy and ancillary service market operations, forward capacity markets and associated mitigation, and transmission rights), transmission planning, generator and transmission interconnections, FPA section 203 applications, rules governing affiliate relationships and transactions, electric reliability matters, qualifying facility (QF) certifications and associated regulatory exemptions, QF legally enforceable obligations and avoided cost issues, formula rates, and cost-of-service ratemaking issues (including return on equity issues, allowance for funds used during construction and construction work in progress rules, depreciation issues, and incentive rates). Mr. Zimmet has extensive experience working on behalf of public utility holding companies, load-serving public utilities, independent generators, ISOs/RTOs, merchant transmission developers, private equity investors in the electric industry, and tax equity investors. His work for these entities has included both counseling, and representation before FERC, the Department of Energy, and Federal Courts.