Jessica C. Friedman

Practice Areas

Jessica’s practice is focused on renewable and conventional independent power producers, power marketers, and transmission developers throughout the United States. She represents owners, operators and investors of all sizes in the electric energy sector, from startup developers to private equity funds, infrastructure funds and institutional investors. Jessica specializes in federal energy regulatory matters related to:

- Development, ownership and operation of electric generation and transmission projects;

- Equity, asset and debt transactions involving electric projects;

- ISO/RTO market participation rules; and

- Ongoing compliance with applicable FERC requirements.

With respect to development assets, Jessica regularly provides counsel on complex generator interconnection issues, including shared facilities and upgrades, co-tenancy structures, preservation of priority rights to proprietary capacity, and pseudo-tie and dynamic scheduling arrangements. Jessica advises clients on transmission service solutions, such as joint ventures, and negotiates related agreements. She also counsels transmission developers on strategic development decisions related to equity ownership structures and capacity allocation arrangements, as well as negotiated rate authority, incentive-based rate treatment and FERC’s open access tariff requirements.

‍

Jessica assists clients with obtaining all necessary regulatory permits and approvals from FERC prior to commencing operations or consummating transactions. Jessica routinely works on sections 203, 204, and 205 matters under the Federal Power Act, including securing market-based rate authority and prior FERC authorization for certain transactions. In addition, Jessica assists electric projects and their owners with obtaining “exempt wholesale generator” or “qualifying facility” status and related exemptions and waivers under the Public Utility Holding Company Act of 2005 and Public Utility Regulatory Policies Act of 1978, respectively.

‍

The transaction-specific element of Jessica’s practice includes conducting regulatory due diligence on the FERC status of electric assets, advising clients on contractual agreements and structures for equity sales and asset transfers, and obtaining the necessary FERC approvals. Jessica routinely serves as special regulatory counsel in energy project M&A and financing transactions.

‍

Jessica frequently counsels her clients on the ever-evolving rules and compliance obligations associated with participation in organized wholesale capacity and energy markets operated by ISOs/RTOs. Jessica also represents clients in compliance audits and investigations before FERC.