Introduction
Practicing in the area of energy law, Elizabeth Whittle counsels clients with respect to natural gas, hydroelectric and electric regulatory and transactional matters.
My focus
Federal Regulatory
I am an active practitioner before the Federal Energy Regulatory Commission, representing clients in hearings, settlement conferences and adversary proceedings in the natural gas, electric and hydroelectric areas. I am active in proceedings involving regional transmission organizations and wholesale markets, including PJM, Midcontinent ISO, ISO New England, New York ISO, Southwest Power Pool and the California ISO. I represent clients on pipeline systems including Tennessee Gas, Algonquin, Dominion Transmission, ANR, Columbia Gas, Columbia Gulf, Empire and Millennium. Finally, I assist hydroelectric licensees and preliminary permittees in obtaining, maintaining and amending hydroelectric licenses and permits.
In addition to regulatory proceedings, I work with clients seeking regulatory approvals to engage in activities, such as market-based rate transactions, and to become EWGs or QFs. Obtaining approval of interconnection agreements, engineering and procurement agreements and transmission agreements can be complicated, so I navigate my clients through these aspects.
I also represent clients before FERC in enforcement proceedings and have successfully handled enforcement issues ranging from hydroelectric compliance matters, capacity release and natural gas-related compliance matters and electric quarterly report issues.
Transactional
I represent clients in negotiations with pipelines over precedent agreements, transportation agreements, and capacity release agreements. I represent clients in negotiations over interconnection agreements and related facility construction agreements. I work with clients to negotiate power supply and natural gas supply agreements, often using EEI, NAESB and Gas EDI forms.
Looking ahead
The integration of the electric grid is continually evolving. Technology is driving much of the innovation, but there will be more pressure on RTOs and utility participants to integrate their operations even further. In natural gas, the east coast pipeline service is expanding, taking advantage of new reserves in Marcellus and Utica regions and changing the way interstate pipelines operate. This may also affect how they price their services. Additionally, recently enacted legislation will permit additional conduit hydroelectric companies to develop facilities without becoming bogged down in the FERC’s hydroelectric license procedures, which may encourage growth in this area.
In the news
- Power Finance & Risk
DIF fund to buy Oklahoma wind farm
This article mentions NP for advising DIF Capital Partners’ infrastructure fund on its agreement to acquire the Kingfisher wind farm in Oklahoma. The deal team includes Washington, DC Community Development Finance partner Shariff Barakat, Rochester Corporate partner Lori Green, Buffalo Global Finance partner Martha Anderson, and Rochester Corporate associate Aya Hoffman.
Also contributing to the deal were New York City Corporate partner Rick Cox; Manchester partner Mark Beaudoin and San Francisco partner Alison Torbitt, both of the Affordable Housing & Real Estate group; and Washington, DC partners Elizabeth Whittle and Bob Daileader and counsel Ken Weiner, all of the Project Finance & Public Finance group.
- Law360
DC Circ. Panel Backs NY In Suit Over Pipeline Permit Delay
In this article about Millennium Pipeline Co.'s suit against New York environmental regulators, Washington, D.C. energy and environment partner Elizabeth Whittle is mentioned for representing CPV Valley Inc., a company that is building an energy facility that would receive natural gas from Millennium’s pipeline.June 23, 2017 - Law360
Power co. wants DC Circ. to force action on NY pipeline
This article highlights the latest development in a case involving New York State Department of Environmental Conservation’s delayed approval of a permit to start building a natural gas pipeline, which impacts upstate New York power plant developer CPV Valley LLC’s facility operations. Washington DC Energy and Environmental partner Elizabeth Whittle is noted as representing CPV Valley LLC.Dec 15, 2016 - Elevation DC
Deconstruction Keeps Value and Dollars in DC's Neighborhoods
Washington, DC, Energy & Environmental partner Elizabeth Whittle is featured in this article on “deconstructing” rather than demolishing a home. Read the full article here.Oct 29, 2013
Admitted to practice
District of Columbia
Maryland
Education
American University, Washington College of Law, J.D.
Colgate University, B.A.
Professional activities
- District of Columbia Bar Association
- Maryland Bar Association
- Energy Bar Association
- American Bar Association
Recognition
- Selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2025 in the fields of Energy Law (listed since 2015) and Utilities Law
Insights And Happenings
View AllProfessionals in the Practice Area
View AllRobert L. Daileader, Jr.
Senior Counsel- Washington DC
- Office:+1 202.585.8318
- rdaileader@nixonpeabody.com
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Alison B. Torbitt
Partner / Co-leader, Food, Beverage & Agribusiness / Co-leader, Environmental / Co-leader, ESG Practice- San Francisco
- Office:+1 415.984.5008
- atorbitt@nixonpeabody.com
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Stratton P. Constantinides
Counsel- Los Angeles
- Office:+1 213.629.6104
- sconstantinides@nixonpeabody.com
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James E. Vallee
Partner / Boston Office Managing Partner / Practice Group Leader, Government Relations & Public Policy Group- Boston
- Office:+1 617.345.1313
- jvallee@nixonpeabody.com
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