Energy and Utilities

Energy and utility companies rely on Winston & Strawn’s preeminent energy, project development, and finance group to counsel them on all aspects of their operations, including regulatory, project development and finance, litigation, energy transactions, labor and employment, tax issues and credits, and legislative policy issues.

Our regulatory lawyers have been deeply involved in virtually every important energy issue over the past three decades, including the transition to competitive gas and electricity markets, the relicensing of hydroelectric facilities, the transition to an open-access transmission system, the purchase and sale of generating assets, the renewal of licenses for existing nuclear power plants, the licensing of new nuclear plants, and the implementation of new initiatives under the Energy Policy Act of 2005 and the energy efficiency and renewable energy provisions of the American Recovery and Reinvestment Act. The cornerstone of the practice is the depth of experience that our lawyers bring in handling not only the broad strategic issues, but also the day-to-day regulatory issues that our clients encounter before the Nuclear Regulatory Commission (NRC) and the Federal Energy Regulatory Commission (FERC).

Our attorneys also regularly structure, negotiate, and close complex and innovative power projects on non-recourse and limited recourse bases, domestically and overseas. We provide project sponsors with a full spectrum of legal services, including drafting and negotiating contracts for engineering, construction, major equipment supply (e.g., gas turbines), operation and maintenance, power and steam purchase, interconnection, and fuel or raw material supply and off-take; handling regulatory, permitting, and taxation issues; and managing all aspects of financing.

In energy transactions, our energy, environmental, antitrust, and financial services attorneys work closely with our corporate deal team to advise clients on energy industry mergers and acquisitions, as well as the ownership, development, construction, financing, acquisition, sale, leasing, regulation, and restructuring of energy assets.

We also have extensive experience in litigation involving the energy industry. Our energy clients have trusted us to provide assistance and counsel to ensure that their policies and practices scrupulously comply with their legal obligations. When necessary, we have defended our clients against allegations of earnings manipulation, wash trading, regulatory code of conduct violations, and false commodity price reporting.

Leading the way in the evolving field of renewable energy, our attorneys have significant experience representing clients in the renewable energy sector, including wind, solar, hydroelectric, biomass, and geothermal power.

Representative clients in the energy and utilities industry include: California Wind Energy Corporation, Pacific Gas and Electric Company, Constellation Energy, Mirant Corporation, Westar Energy, Inc., NRG Energy, and Duke Energy.