Michael J. Rustum

Michael Rustum concentrates his practice in energy and public utility law and has extensive experience with respect to the regulation of the electric power industry. He has participated in all stages of the regulatory and litigation process representing alternative energy developers, independent power producers, power marketers, investor-owned and cooperative electric utilities, state power authorities, and trade associations in a variety of proceedings before the Federal Energy Regulatory Commission (FERC).

Mr. Rustum advises clients on the regulatory implications of commercial transactions and assists clients in realizing their commercial objectives in a manner consistent with federal regulatory laws and policies. Additionally, he counsels clients on corporate reorganizations or acquisitions under Section 203 of the Federal Power Act (FPA), market-based rates under Section 205 of the FPA, the Public Utility Regulatory Policies Act of 1978, the Public Utility Holding Company Act of 2005, obtaining approvals for exempt wholesale generators and qualifying facilities, and representing client interests in regional transmission organizations providing interconnection and open-access transmission service and operating real-time energy markets.

Mr. Rustum is experienced in matters involving new generation interconnection, open access transmission service and pricing, wholesale power market administration, competitive power procurement, determinations of wholesale and retail jurisdiction, the establishment and implementation of station power rules, net metering, reactive power compensation, rate design, power marketing activities, and general FERC compliance. He has been responsible for preparing power sales and transmission service tariffs, applications, power pool agreements, complaints, rate filings, appellate court briefs, and numerous other pleadings, comments, testimony, and position statements regarding a wide variety of electric matters.

Representative Experience

• Prepared regulatory diligence reports for several international infrastructure funds concerning their acquisition of multiple electric generating plants and development projects;
• Prepared applications under Section 203 of the Federal Power Act for authorization to acquire FERC jurisdictional facilities;
• Prepared requests for authorization under Section 204 of the Federal Power Act;
• Prepared market-based and other rate filings pursuant to Section 205 of the Federal Power Act;
• Advised a transmission-owning utility with respect to reclassification of transmission and distribution facilities;
• Prepared comments regarding the Midwest ISO's Tariff modifications to the Resource Adequacy Requirements and proposed market power mitigation measures;
• Advised a transmission-owning utility with respect to Midwest ISO transmission pricing, cost allocation, and power market implementation;
• Advised a transmission-owning utility with respect to the implications of FERC Order No. 1000 on Transmission Planning and Cost Allocation;
• Advised a utility with respect to FERC enforcement action for alleged violations of the Federal Power Act and FERC's implementing rules and policies;
• Obtained a tariff waiver from FERC that authorized a large power generator to obtain full refund of interconnection-related security deposits;
• Advised an independent power producer with respect to CAISO Tariff rules regarding a proposed suspended operation of its generating facility;
• Advised an independent power producer in regard to cost allocation for transmission upgrades on the Western Area Power Administration transmission system;
• Advised a large solar power developer in the negotiation of interconnection agreements;
• Advised client with respect to application of the Midwest ISO Balancing Authority Agreement to a proposed commercial transaction;
• Advised an IPP with respect to an amended interconnection agreement to accommodate an increase in generating capability and associated operating restrictions;
• Advised an independent transmission company with respect to FERC policies for incentive rate treatment;
• Prepared regulatory opinion in regard to a power project developer's compliance with the Federal Power Act and FERC regulations;
• Advised an IPP regarding FERC authority with respect to resource adequacy requirements proposed by various ISOs;
• Advised an IPP with respect to the reimbursement of transmission credits;
• Advised an owner of generating facility with respect to proposed market design rules;
• Advised a developer of hydroelectric project in connection with a transmission interconnection dispute and associated FERC strategy;
• Advised an IPP in regard to replacement of terminating interconnection and transmission service agreements;
• Advised a coalition of electric generators with respect to the judicial appeal of the CAISO station power rules;
• Prepared Market-Based Rate, EWG and QF applications and certifications;
• Advised a utility as to the application of net metering rules to distributed generation projects; and
• Advised an IPP in regard to reactive power compensation under the Midwest ISO and PJM tariffs.