Representative Matters

  • Rebecca represented the Transmission Access Policy Study Group (TAPS) before NERC and FERC with respect to NERC’s Risk-Based Registration Initiative. This Initiative provided greater clarity with respect to which entities are subject to NERC compliance; it also better aligned NERC’s Registry Criteria with reliability risk, such that entities are required to register only if, and to the extent that, they have a material impact on the reliability of the Bulk Electric System. N. Am. Elec. Reliability Corp., 150 FERC ¶ 61,213, order on compliance filing, 153 FERC ¶ 61,024 (2015).
  • On behalf of TAPS, Rebecca participated extensively before NERC and FERC in the revision of NERC’s definition of the Bulk Electric System, providing greater clarity about the scope of entities’ compliance obligations and securing exclusions of some system configurations that are not necessary to grid reliability. Revision to Electric Reliability Organization Definition of Bulk Electric System, Order No. 743, 75 Fed. Reg. 72,910 (Nov. 26, 2010), clarified, Order No. 743-A, 76 Fed. Reg. 16,263 (Mar. 23, 2011); Revisions to Electric Reliability Organization Definition of Bulk Electric System and Rules of Procedure, Order No. 773, 78 Fed. Reg. 804 (January 4, 2013), clarified, Order No. 773-A, 78 Fed. Reg. 29,209 (May 17, 2013), compliance deadline extended, 143 FERC ¶ 61,231, clarified, 144 FERC ¶ 61,174 (2013), review denied sub nom. New York v. FERC, 783 F.3d 946 (2d Cir. 2015).
  • Rebecca represented the Burlington Electric Department in its acquisition of the Chace Mill hydroelectric project, including litigation under the Public Utility Regulatory Policies Act as well as the federal law aspects of the transfer itself.  Winooski One P’ship, 148 FERC ¶ 62,169 (2014); City of Burlington, 145 FERC ¶ 61,121 (2013).
  • When FERC denied her client’s motion to intervene in a hydroelectric project re-licensing proceeding and refused to look at evidence presented by the client that a far superior project was possible for the same part of the river, Rebecca helped win an appeal vacating FERC’s decision to issue a new license to the incumbent licensee.  Green Island Power Auth. v. FERC, 577 F.3d 148 (2d Cir. 2009).