Overview

Andrew Young is a partner in Mayer Brown's Washington DC office and a member of the Banking & Finance practice. He concentrates his practice on issues related to the energy industry. Andrew's practice includes representing electric utilities, transmission providers, independent power producers, power marketers, qualifying facilities, public utility holding companies, industrial consumers, and debt and equity investors in a wide variety of matters. These include mergers and acquisitions, spin-offs and restructurings, the development and re-design of Regional Transmission Organization (RTO) markets, transmission rates, incentives and policies, ancillary services, interconnection procedures and agreements, market-based and cost-based rates, contract drafting and negotiations, settlements, administrative hearings, trial and appellate litigation, bankruptcy, and advice on state and federal regulatory issues. Andrew has significant experience with renewable energy projects of all types, including solar, wind, geothermal, biomass, hydroelectric, and energy storage projects. He has experience representing clients before the Federal Energy Regulatory Commission (FERC), the Department of Energy (DOE), the Securities and Exchange Commission (SEC), state public utility commissions, and federal district and appellate courts.

Experience

  • Represented Tortoise Capital Advisors, L.L.C. on the acquisition by its closed-end fund, Tortoise Energy Infrastructure Fund, of a 33-megawatt portfolio of commercial and industrial solar projects portfolio from Kenyon Energy and its affiliate Sun Financial. The solar projects will provide electricity to various university and municipality customers in the State of New York
  • Represented a life insurance company in the acquisition of a 49% interest in a portfolio of wind and solar generating facilities.
  • Represented a Dutch pension fund and a life insurance company in the acquisition of a 30% equity interest in a Pennsylvania electric utility.
  • Represented a Michigan electric utility in litigation before FERC regarding cost-based rates for electric generation.
  • Represented a Michigan electric utility in appeals of FERC orders regarding cost allocation of must-run generation to the US Court of Appeals for the DC Circuit.
  • Represented a tax equity investor in the acquisition of passive interests in 175 MW solar project in California, 250 MW solar project in Nevada, and a 200 MW wind project in Kansas.
  • Represented a lender with respect to the back-leverage financing of rooftop solar projects built by an independent power producer.
  • Represented a Mexican power marketer in successfully obtaining authorization from the US Dept. of Energy to export electricity from ERCOT to Mexico.
  • Represented a lender in the financing of the first utility-scale 5 MW solar project in the Cayman Islands.
  • Represented a lender in the financing of a utility-scale solar project in Georgia.
  • Represented an independent power producer in the negotiation of a power purchase agreement for a geothermal project on the island of Nevis.
  • Represented an industrial customer in obtaining market-based rate authority for a thermal cogeneration project in Ohio.
  • Represented a tax equity investor in the acquisition of passive interests in a 86 MW wind project in California, 199 MW wind project in Kansas, 249 MW wind project in Colorado, 150 MW solar project in California, 75 MW wind project in Nebraska, 299 MW wind project in Oklahoma, and a 250 MW wind project in Texas.
  • Represented a lender in the financing of the acquisition of a 125 MW gas-fired project in Michigan by a private equity investor.
  • Represented an industrial customer and cogeneration owner in the negotiation of a power and steam sales agreement with a commercial greenhouse in Illinois.
  • Represented a tax equity investor in the acquisition of passive interest in a 225 MW wind project in Oklahoma.
  • Represented an investment fund in FERC compliance related to their energy investments.
  • Represented an independent power producer in the negotiation of energy hedge transactions for several wind projects in Texas.
  • Represented a private investment company in the potential acquisition of gas-fired generating facilities throughout the United States.
  • Represented lenders with respect to a 156 MW wind project in Texas.
  • Represented a tax equity investor in the acquisition of a passive interest in a utility-scale solar project in Nevada.
  • Represented a commercial customer in a dispute over power supply with the local electric utility in California.
  • Represented an independent power producer in the sale of 50% interest in ten geothermal projects in California totaling 318 MW, three natural gas-fired cogeneration projects in Arizona, Texas and New York totaling 531 MW, and a 10 MW hydroelectric project in Hawaii.
  • Represented an investment fund in the acquisition of a 25 MW solar project in California.
  • Represented a renewable developer in the acquisition of two utility-scale solar projects totaling 40 MW in California.
  • Represented a lumber company in the sale of a 64 MW biomass plant in Tacoma, Washington.
  • Represented a Midwestern utility in an appeal of FERC orders regarding electric transmission rates before the US Court of Appeals before the DC Circuit.
  • Represented an independent power producer and its subsidiaries in triennial market power updates for market-based rate authority.
  • Represented a wind developer with respect to a 1,000 MW multi-phase wind farm in Oklahoma.
  • Represented a wind developer with respect to a 300 MW wind farm in Indiana.
  • Represented an independent power producer with respect to a headwater benefits proceeding before FERC, and associated state litigation, involving two hydroelectric projects totaling 60 MW in New York.
  • Represented an independent power producer in the acquisition of a 144 MW wind-powered electric generating facility in Wyoming.
  • Represented an investment fund in the acquisition of ownership interests in a 550 MW natural gas-fired, combined cycle generating facility in New York.
  • Represented a steel company with respect to compliance with NERC Reliability Standards.
  • Represented a renewable developer with respect to the development of seven utility-scale solar projects in Utah.
  • Represented a Washington utility with respect to its Balancing Authority Area responsibilities and the negotiation of Dynamic Scheduling Agreements.
  • Represented a coalition of independent power producers in appeals before the U.S. Court of Appeals for the Ninth Circuit regarding BPA’s transmission rate decisions and FERC complaint under Section 211A of the Federal Power Act.
  • Represented a renewable developer in the acquisition of two utility-scale solar projects totaling 21 MW in California.
  • Represented a coalition of independent power producers in a settlement of challenges to BPA’s electric transmission and ancillary service rates.
  • Represented a renewable developer in a sale-leaseback transaction of a 30 MW solar project in Colorado.
  • Represented an independent power producer in the financing of seven hydroelectric projects totaling 83 MW in New York.
  • Represented a wind developer in the sale of a 300 MW wind farm in Oklahoma.
  • Represented an independent power producer in negotiation of options for flywheel and battery energy storage projects in Illinois.
  • Represented an independent power producer in an appeal of FERC orders on transmission cost allocation to the U.S. Court of Appeals for the Seventh Circuit.
  • Represented an independent power producer with interconnection agreement and transmission cost allocation issues involving MISO.
  • Represented an independent power producer in the sale of five biomass plants totaling 186 MW in Maine and New York.
  • Represented an independent power producer in the acquisition of a 520 MW natural gas-fired, combined-cycle generating facility in Connecticut.
  • Represented an independent power producer in the acquisition of two natural gas-fired generating facilities totaling 530 MW in Maine and Rhode Island.
  • Represented a 30 MW wind project in Minnesota in obtaining market-based rates and exempt wholesale generator status from FERC.
  • Represented a MidAtlantic utility in the $7.6 billion acquisition of two electric utilities in Kentucky.
  • Represented a power marketer in responding to RFPs for wholesale power sales agreements in PJM.
  • Represented an independent power producer with respect to an amended interconnection agreement and transmission service requests related to the expansion of a hydroelectric project in Montana.
  • Represented a Southern utility in FERC complaint involving federal preemption of state regulation.
  • Represented an investment fund in the acquisition of hydroelectric projects totaling 37 MW in Maine and New Brunswick, Canada.
  • Represented a MidAtlantic utility in obtaining incentive rates for a new $700 million 500 kV transmission line from Pennsylvania to New Jersey.
  • Represented a MidAtlantic utility in obtaining formula transmission rates from FERC.
  • Represented an independent power producer in the negotiation of a tolling agreement, and the subsequent sale of a 520 MW natural gas-fired, combined-cycle generating facility in Washington.
  • Represented an insurance company in a tax equity investment in a 150 MW wind farm in Texas and a 99 MW wind farm in Illinois.
  • Represented an independent power producer in a successful defense of a challenge to its continued market-based rate authority for biomass plants located in northern Maine.
  • Represented an independent power producer in the certification of biomass facilities as renewable energy facilities in Connecticut and New York.
  • Represented a power marketer in a breach of contract litigation in the U.S. District Court for the Western District of Michigan which involves responsibility for congestion and transmission loss charges imposed by MISO.
  • Represented a Colorado utility in a FERC audit regarding compliance with OATT and standards of conduct requirements.
  • Represented a nuclear generation company in the acquisition of the 1,750 MW and 580 MW nuclear plants in upstate New York.
  • Represented an independent power producer in the acquisition of natural gas-fired and hydroelectric generating facilities in New England and the successful defense of hydroelectric license transfers before the U.S. Court of Appeals for the First Circuit.

Education

Harvard Law School, JD, cum laude

University of Virginia, MA

University of Virginia, BA,

  • Phi Beta Kappa

Admissions

  • District of Columbia
  • Maryland

Court

  • US Court of Appeals for the District of Columbia Circuit
  • US Court of Appeals for the Ninth Circuit
  • US Court of Appeals for the Seventh Circuit
  • US District Court for the Western District of Michigan

Memberships

  • Foundation for the Energy Law Journal, President (2010-2011), Vice President (2009-2010), Treasurer (2008-2009), Secretary (2007-2008), Board of Directors (2006-2012)
    Energy Bar Association (1996-present)
  • Northwest & Intermountain Power Producers Coalition (2007-present)