Electric Industry Regulation

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.

General

• 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