概览

在全球各地，能源公司面临日益复杂的法律法规体系，包括约束合并、收购、剥离、证券发行、电力销售、企业管治、环境保护、税务、雇佣、健康及安全事宜的法律法规。本所的能源监管律师与我们在市场上领先的电力及公用事业和可再生能源律师一道，可以协助您的投资者、高级管理人员和董事了解能源企业及其投资者和贷款人经营所在地的监管制度，并掌握所需的知识来最大程度地减少风险和扩大机遇。

我们长年服务于世界各地的发电公司以及传统和可再生能源电力供应商、股权投资者和发电控股公司、天然气生产商以及公用事业公司。我们帮助国际客户收购美国能源公司的股权和税收权益以及向这些公司授予融资；我们的美国客户也投资于海外能源市场。近年来，我们积极为美国和国际商业电力市场的客户提供法律服务，涉及收购、市场参与及合规事宜。我们协助客户开发、建造、运营电力及天然气传输及存储项目，还经常就能源资产的融资向各类机构提供法律意见。通过多年的执业经验，我们积累了广博的专业知识，从而能够帮助客户在二十一世纪不断成长。

在美国、欧洲、亚洲及拉丁美洲，本所的能源监管律师与世界各地的同事携手合作，提供全方位且相互关联的监管法律服务。我们作为监管法律顾问服务的客户包括：数十家私募股权基金及其管理人和顾问，电力和天然气行业的众多美国和国际贷款人，超过200家美国发电公司，以及一些最大型和最知名的拥有发电企业的美国公司和跨国公司。本所律师曾就500多宗在美国联邦能源监管委员会（FERC）进行的合并、收购、剥离、基金管理和与控制权有关的类似法律程序向当事方提供法律服务。我们的工作包括协商谈判、获取监管部门的批准，以及协助能源公司建立和实施其法律和监管合规计划，例如遵守适用于拥有或管理发电资产组合的FERC特殊要求的计划。我们经常在众多美国和非美国监管机构面前处理监管及合规问题，也经常向权益方和融资提供者以及生产商、管道公司、发电商和输送供应商提供法律服务，因而能够从更加宽广的思路出发，协助客户处理交易、化解难题。

我们还经常代表客户处理在FERC以及美国和国际的其他能源行业监管部门进行的聆讯、调查和其他正式法律程序。

实物及金融大宗商品交易

欧盟及美国监管当局对实物及金融大宗商品交易投入了更多的监管关注及监管行动。新的法规把此前不受监管的活动纳入监管当局的许可、监督和市场行为准则之下，未来几个月还将出台更多此类法规。这些监管制度不仅扩大了对大宗商品衍生品交易的监管，还适用于某些纯实物供应合同。我们的律师擅长协助客户获得金融服务许可证，以及就在没有金融服务许可证的情况下能做些什么和此类制度下的持续合规要求提供法律意见，因此能够帮助客户了解并适应这些新监管制度。我们还擅长代表客户就针对违规行为的监管调查进行抗辩。

本所的英国监管律师在大宗商品交易监管方面同样经验丰富，曾向英国金融服务管理局提供相关法律服务，亦曾担任某大宗商品交易公司的内部法律顾问——该公司拥有广泛的全球实物油气贸易业务，还从事软商品、排放配额、金属和大宗商品衍生品相关交易，包括场外交易（ OTC）和在交易所进行的交易。

反垄断及经济制裁

由于能源业务通常规模较大，经营所在司法管辖区通常充满挑战，采掘行业以及大宗商品贸易机构在腐败、洗钱及道德领域往往面临重重挑战。本所监管及争议解决团队精通美国《反海外腐败法》、英国《反贿赂法》等反腐败法规，擅长就系统及控制问题提供法律意见，协助客户打击企业腐败现象，严格遵守相关的法律法规，以及就腐败指控开展内部调查。

执业经验

Acquisition support. We represented Southwestern Energy Company in the sale of its local distribution company subsidiary.
Anti-bribery legislation. We are advising various clients in the oil, gas and associated engineering and construction industries in the UK and elsewhere on compliance with the Bribery Act 2010 and the US FCPA.
Anti-money laundering. We are advising the trading division of a global energy producer on anti-money laundering systems and controls and market conduct and abuse issues.
Commodity transactions. We are advising a major investment bank in relation to a global revolving credit agreement in the aggregate principal amount of up to $1 billion for the financing of margin payments in relation to exchange-traded commodity broking and prime broking activity. The advice focused on the regulatory aspects of the commodity transactions (metals and soft commodities), margining and clearing, client money considerations and the regulatory capital impact.
Export controls. We represented a US natural resources firm in a voluntary disclosure of millions of dollars in exports made in violation of US export controls. This matter concluded without the imposition of penalties.
FERC approval. We represented hedge funds in obtaining FERC approval for investments in holding companies which own electric generating facilities and establishing compliance programs for future investments.
Interstate transport. We have represented natural gas producers and local distribution companies before the US regulator, FERC, with respect to for interstate transportation services.
Market dominance proceeding. We represented a European utility in its successful defense to the action of the UK regulator, Ofgem, under Article 82 and Chapter II of the Competition Act. Ofgem claimed that the utility’s withdrawal of meter-reading services in certain areas of the UK was an abuse of its market dominance. The case involved an attempt by Ofgem to use Article 82 and Chapter II in a novel and unprecedented way–to force the utility to continue to operate a business that it no longer wished to operate. Ofgem issued a formal decision exonerating the utility in 2007.
Regulatory approval. We represented BP Alternative Energy North America Inc. in obtaining regulatory approvals for the acquisition of 535 MW Whiting Clean Energy electric generating facility.
Regulatory approval. We represented an investment company in the acquisition of an interest in an interstate natural gas pipeline.
Regulatory approval. We represented Fortis Bank S.A./N.V. in obtaining regulatory approval for its $700 million acquisition from Duke Energy of its Cinergy gas, power trading and marketing businesses in the US and Canada. The Houston-based company has been renamed Fortis Energy Marketing and Trading, GP. As part of the acquisition, our regulatory team obtained approval from the Federal Reserve Board to engage in energy trading activities as an activity “complementary” to activities that are financial in nature. We also advised Fortis on regulatory filings required by the Federal Energy Regulatory Commission.
Trade sanctions. We are advising major energy trading firms on issues relating to trade sanctions, FSA regulation and the EU Regulation on Energy Market Integrity and Transparency.
Trade sanctions. We counseled a global oil and gas company on the application to its US subsidiary and to its US supply chain of the US sanctions against Cuba.
Trade sanctions. We are monitoring Iran sanctions legislation for a foreign company with US operations and evaluating the legislative implications for its global energy operations.
Trading compliance. We represented a financial institution with regulatory issues relating to its natural gas- and electricity-trading activities.
Trading regulation. We are advising on the financial services and other regulatory issues relating to the formation of a oil and gas trading entity dealing in physical and financial instruments.
US acquisitions. We represented several financial institutions in the acquisition of interests of electric generating asset.
US pipeline transportation agreement. We represented Southwestern Energy Company and Chesapeake Energy Corporation in the negotiation of precedent agreements with, and Federal Energy Regulatory Commission proceedings with respect to, major expansion of interstate pipelines and new pipelines for the transportation of crude oil NGLs.
US pricing investigation. We assisted a major international energy distributor in various investigations conducted by the FTC, Congress and various state Attorneys General into the company’s pricing practices and in connection with a so-called “price gouging” investigation post-Hurricane Katrina.

Interstate transport. We have represented gas-fired generating companies, natural gas producers and local distribution companies before FERC with respect to interstate transportation access, rates and services.
Power sales approvals and compliance. We represent over 200 US electricity generators and marketers that sell power subject to FERC regulation. We advise our clients on FERC disclosure and compliance requirements, periodic renewal and changes in status, and FERC-related competition and market conduct issues, which vary from typical antitrust strictures.
Private equity fund investments and transactions. Our lawyers have been counsel to a party in nearly every significant FERC-regulated private equity fund management transaction. We closely coordinate technical, market, competition, valuation, control analysis, regulatory filings, and responses to government staff inquiries with our global projects, antitrust, investment management and tax colleagues. Following consummation, we advise fund managers and advisers in ongoing FERC disclosure, market conduct, project company interest and asset sales, and related requirements.
Regulatory approval. We represented an investment company in the acquisition of an interest in an interstate natural gas pipeline.
Regulatory policy. We have represented equity investors, lenders and generating companies in FERC rulemaking proceedings, advocating for lighter-handed treatment of FERC-regulated transactions, for the protection of regulatory exemptions and for the preservation of investor value in the electric sector.
Tax equity investments. In formal rulemaking proceedings, we represent issuers and purchasers of tax equity interests in establishing and preserving the exemptions from FERC M&A regulation for tax equity and similar passive investments.
Trading compliance. We represented a financial institution with regulatory issues relating to its natural gas- and electricity-trading activities.
Trading regulation. We are advising on the financial services and other regulatory issues relating to the formation of an oil and gas trading entity dealing in physical and financial instruments.
UK market dominance proceeding. We represented a European utility in its successful defense to the action of the UK regulator, Ofgem, under Article 82 and Chapter II of the Competition Act. Ofgem claimed that the utility’s withdrawal of meter-reading services in certain areas of the United Kingdom was an abuse of its market dominance. The case involved an attempt by Ofgem to use Article 82 and Chapter II in a novel and unprecedented way—to force the utility to continue to operate a business that it no longer wished to operate. Ofgem issued a formal decision exonerating the utility in 2007.
US pricing investigation. We assisted a major international energy distributor in various investigations conducted by the FTC, Congress and various state attorneys general into the company’s pricing practices and in connection with a claimed “price gouging” investigation post-Hurricane Katrina.