Some participants in the market remain subject to price regulation; some are free of price regulation but remain subject to extensive, detailed regulation governing activities such as the offering of services to the public. And approximately 20% of the Texas electric industry remains without competition and subject to traditional rate regulation. Then, there is an entirely separate set of rules for public power entities.

As the industry has been restructured over the last 20 years, the ENOCH KEVER team has actively represented some of the largest industry participants. We continue to counsel a diverse group of clients as they navigate every part of this extraordinarily complex regulatory construct.


  • Regulatory, Compliance, and Legislative Advocacy
  • Business Strategy and Counseling
  • M&A Diligence and Regulatory Approvals
  • Contract Negotiations and Drafting
  • ROW and Easement Access
  • Licensing and Permitting
  • Privacy Policy and Compliance
  • Data and Cybersecurity Risk Assessment, Strategy, and Compliance
  • Arbitration, Litigation, and Appeals
  • Open Records and Public Information Requests and Defenses
  • Government Contracts and RFPs
  • Attorney General Complaints and Opinion Requests

Power Generation

Few, if any, regions of the United States pose more challenges and more opportunities for the power generation industry than Texas, where wholesale energy prices alone must sustain the resource development necessary to support one of the Nation’s most dynamic economies. The Enoch Kever team guides clients through the entire life cycle of an investment decision—from the development or acquisition of a generation asset through operational life and into decommissioning. Our team can provide seasoned, expert advice and answer your questions about compliance with the Public Utility Commission, ERCOT, and Texas RE regulations and oversight.  Whether the subject is wholesale market operations, business-to-business transactions, or advocating our client’s view to regulators or the Texas Legislature on a proposed change to market rules, we have the necessary expertise.

Enoch Kever routinely represent clients responding to investigations by regulators into matters such as generation unit performance and compliance. While cooperation and business-based solutions are preferable in any regulated setting, there are times when regulators and industry have different views about what conduct is or is not appropriate in a given circumstance. When that happens, we are prepared to advocate forcefully for our clients, litigate the alleged violations before the agency and, if necessary, take the challenge through the court system.

Regulatory Compliance Counseling

  • Administrative Litigation
  • Compliance and Major Event Investigations

M&A Due Diligence and Regulatory Approvals

  • Business-to-Business Transactions
  • PUC Compliance and Advocacy
  • ISO Compliance and Advocacy

Wholesale Power Market

  • Operational Counseling
  • ISO Counseling and Advocacy
  • Internal, Privileged Investigations

Competitive Retail Electricity Markets

Texas has succeeded in creating a truly competitive retail electricity market that serves most, though not all, retail electric customers. With a structure that intentionally establishes relatively low barriers to market entry for Retail Electric Providers, the market offers consumers both many choices of Retail Electric Providers and a seemingly endless list of product offerings. The rules that govern these products are complex, but not every question is answered directly in those rules. Many questions require the experience and judgement that come from years of understanding and applying the rules, advising clients, and seeing various different situations. Your Enoch Kever team has the experience to help you.

Retailer Certification

  • Regulatory Compliance, Advice, and Advocacy

Regulatory Compliance Counseling

  • M&A Due Diligence and Regulatory Approvals

Transmission & Distribution

Companies that provide transmission and distribution services for electricity remain fully regulated in Texas. They generally must obtain Certificates of Convenience and Necessity from the Public Utility Commission before building new transmission lines. The rates they are permitted to charge for use of their lines are typically, but not always, set by traditional cost-of-service and rate-of-return methodologies.  The Enoch Kever team advises and serves as lead counsel for both transmission and distribution service providers and the customers of those providers. Whether negotiating with stakeholders or litigating cases at the Public Utility Commission, the Enoch Kever team brings a wide breadth of experience to help you evaluate and resolve whatever issues you may face in this highly regulated field.

  • Rate Case Representation of TDUs and TDU Customers
  • CCN litigation
  • Regulatory compliance counseling

With an impressive track record for clients, our team prides itself on understanding which arguments and strategies will have the best chance to succeed. We are frequently added to trial court teams to assist lead trial counsel in positioning the issues in the case for the most persuasive presentation to the appellate courts.

  • Issues of First Impression
  • Significant Commercial Questions
  • Trending Insurance Coverage Issues
  • Appropriate Exercise of Governmental Authority

Enoch Kever draws  on that experience to use the legislative process as another tool to solve a client’s issue when appropriate, helping to either support or oppose a change to the law. We have successfully helped clients identify changes to statutes that could aid their business objectives, draft the necessary legislative language, build legislative coalitions, testify and lobby to support the client’s position, and develop strategies for passing (or defeating) legislation.

  • Strategy
  • Counseling
  • Bill and Amendment Drafting
  • Advocacy

Enoch Kever lawyers are among the most experienced and respected counselors and advocates. We help our clients understand how government regulation impacts their business operations and objectives. Every day, we work to help them maintain a culture of compliance while operating efficiently and profitably. We routinely provide assistance in developing and maintaining regulatory compliance and documentation systems, addressing both substantive operations and the necessary internal oversight. When Regulators question our clients’ business practices, we work together with those clients to evaluate the basis of the investigation and lead the response.

The Enoch Kever Administrative Law team is exceptionally well equipped to help you through a government agency trial, whether it involves, for example, an agency attempt to prosecute an alleged regulatory violation or a contested permit or license application.  Our experience is your gain. 

  • Electric Power Industry
  • Communications
  • Oil and Gas Pipeline
  • Solid Waste/Wastewater
  • Air Quality
  • Water Rights
  • Environmental
  • Natural Resources
  • Occupational Licensing

For more than forty years, Enoch Kever lawyers have represented competitive telecommunication providers—from winning the right for market entry to achieving leading industry status. We continue to represent communications businesses—including cable, wireless, and infrastructure providers—offering a wide-range of assistance, counseling, and leadership.

Today, we are working hard to enable our clients to build the infrastructure necessary for our information and data driven economy to thrive.


  • Federal, Multi-State, and International Regulatory Compliance
  • Federal and State Legislative Advocacy
  • Business Strategy and Counseling
  • M&A Diligence and Regulatory Approvals
  • Contract Negotiations and Drafting
  • ROW and Easement Access
  • Licensing and Permitting
  • Privacy Policy and Compliance
  • Data and Cybersecurity Risk Assessment, Strategy, and Compliance
  • Arbitration, Litigation, and Appellate
  • Open Records and Public Information
  • Government Contracts and RFPs
  • IoT, SaaS and Unified Communications Services
  • Attorney General Complaints and Opinion Requests


  • Voice Over Internet Protocol
  • Small Cell Deployment
  • Easements and ROW
  • Universal Service, Lifeline & E-rate
  • Network Planning, Development, and Implementation
  • Wireless
  • Pole Attachments
  • Contract Negotiations (Wholesale, Customer, and Vendor)
  • ETC and ETP
  • E911 Compliance
  • Building Access
  • Interconnection
  • Telephone Numbering
  • Service Level Agreements
  • International Policy and Regulation


  • Retail and Wholesale
  • Internet Service Providers
  • Rural Deployment and Networks


  • Business and Policy Strategy
  • Cable Franchising
  • Acceptable Use Policies
  • Building Access

We understand what businesses need from their lawyers.  Our team, including eight former General Counsels, serves businesses that range from large, established businesses to small start-ups, spanning a variety of industries.

Our collective experience offers major advantages for our clients. First, we have lived in the C-suite; so we are keenly aware of the pressures and concerns that are associated with company leadership. Second, we have hired and directed outside counsel; so we appreciate that outside counsel must affirmatively add value as part of a team. We strive to do that in all settings and practices; commercial, legislative, regulatory, and litigation. Enoch Kever attorneys have formed many business entities, handled significant corporate mergers and acquisitions, negotiated and drafted multiple contracts, and led numerous debt and equity financings. They have offered legal guidance and risk management advice on a wide variety of privacy and cybersecurity matters. They also have held primary legal responsibility both as in-house and outside counsel for employment matters in large and small companies.

  • Equity and Debt Financings
  • Commercial Transaction Negotiation and Drafting
  • Strategic Counseling
  • Mergers and Acquisitions
  • General Counsel Services
  • Employment
  • Business Structure and Governance Assistance and Strategy
  • Internal Investigations
  • Privacy and Data Protection

The Enoch Kever communications law team has guided large and small companies through every stage of this evolution beginning with the earliest implications of that divestiture order. Our lawyers help clients overcome legal barriers to market entry, and gain the regulatory approvals required to offer new services. We advise clients on the application of statutes and regulations to their business, and handle countless business-to-business negotiations and disputes. Aided by our unsurpassed knowledge of the development of telecommunication law and the telecommunications industry, our team serves communication service providers and infrastructure providers to build out wire and wireless networks that deliver voice, data, broadband, and video services. Enoch Kever is experienced and ready to help.

Our employment lawyers have served in senior level in-house positions, including as general counsel, for a combined total of nearly 25 years. We provide efficient, practical guidance based on experience, not theory, when employment issues arise.

Enoch Kever handles employment litigation, EEOC charges, investigations, training, post-M&A workforce integration, ethics and compliance, creation of confidentiality and other employment-related agreements, and policy work. Our counseling practice advises clients on hiring and terminations, and every stage in between. We provide strategic HR consulting services—partnering with your existing HR staff, regarding employee relations matters, training, and organizational effectiveness—to better grow your organization and develop your workplace culture along with your business.

  • Compliance Counseling and Training
  • Litigation
  • Employment Contract Negotiation and Drafting
  • Internal Investigations