Daniel R. SimonSpecial Counsel

Headshot image for Daniel R. Simon

Offices


Services

Daniel R. Simon's practice focuses on energy regulatory issues involving the Federal Energy Regulatory Commission (FERC) and state utility commissions. 

He also previously served as a trial attorney in FERC’s Office of Administrative Litigation, where he litigated and settled numerous regulatory disputes involving the Western electricity crisis of 2000-2001 and allegations of market manipulation by Enron and others.

Power Markets and Transactions

In the electricity sector, Mr. Simon frequently advises clients (including independent power producers, power marketers, lenders and investors) on power transactions and regional transmission organization (RTO) and independent system operator (ISO) market rules. He has represented several clients in non-public FERC enforcement investigations and public enforcement proceedings.

Power M&A and Project Development

Mr. Simon represents numerous clients in drafting, negotiating, and obtaining regulatory approvals for developing or acquiring generating facilities, including plants running on natural gas, wind, solar, biomass, and hydro. In the solar sector, he has worked with clients on a wide range of project types, from small rooftop and behind-the-meter projects, to large utility-scale projects, and community solar gardens. He advises clients on state Renewable Portfolio Standard (RPS) requirements, interconnection, integration in ISO/RTO markets, and PURPA-related compliance issues for qualifying facilities (QFs) and net metering. He helps negotiate power purchase agreements (PPAs) and interconnection agreements, as well as project finance arrangements and project acquisitions.

Mr. Simon also assists large energy consumers in participating in demand response and net metering programs, operating behind-the-meter generating projects, and service disputes with host utilities.

Hydroproject Licenses

Mr. Simon advises clients on regulatory requirements for hydroprojects. His experience includes assisting clients in obtaining and complying with FERC licenses, negotiating agreements with state and federal environmental and resource agencies, performing due diligence for potential acquisitions, and assisting with regulatory requirements in closing hydroproject acquisitions.

Natural Gas Sales and Transportation

Mr. Simon regularly represents large natural gas consumers and shippers on FERC and state utility commission policies in a wide range of transactions. For instance, Mr. Simon has assisted clients in negotiating precedent and interconnection agreements to connect directly to interstate natural gas pipelines. Mr. Simon has advised clients on understanding tariff provisions for interstate natural gas pipelines and storage services, including park and loan arrangements, as well as asset management agreements. He also has analyzed and negotiated natural gas commodity contracts and assisted with FERC Form 552 compliance. Mr. Simon also assists large natural gas consumers on state-regulated service issues with location distribution companies (LDCs).

Oil Pipeline Shippers

Mr. Simon advises producers, refiners, and traders on oil pipeline shipping and storage issues, including raising disputes with pipelines, and drafting/amending agreements with pipelines and producers to coordinate transactional activity with pipeline rules.


Honors & Awards

Mr. Simon has been nationally recommended by The Legal 500 United States.


Memberships

  • Board of Directors, Energy Bar Association, 2015-2018
  • Advisory Board, Center for Climate, Energy, Environment & Economics (CE3), University of North Carolina School of Law
  • Former Board Member, Biomass Power Association

Speeches & Events

  • "Potential Customers for Renewable Projects in Utah," 2013 Utah Governor's Energy Summit, Salt Lake City, January 10, 2013
  • "Economic Challenges and Regulatory Incentives Encouraging Biomass," Forest Products Society's Smallwood 2012 Conference, Flagstaff, Ariz., May 1, 2012
  • "Birth, Marriage, Divorce, Death: Regulatory Compliance Issues in a Generator's Life Cycle," Marcus Evans 4th Annual Managing Regulatory Compliance for Electric Utilities Conference, Atlanta, April 27, 2012
  • "FERC's Transmission Planning Policies and NJ Offshore Wind," New Jersey State Bar Association Renewable Energy, CleanTech & Climate Change Conference, New Brunswick, N.J., December 12, 2011
  • Biomass Power Update, Transportation and Bioenergy Workshop, Biomass Coordinating Council, American Council on Renewable Energy (ACORE), Washington, D.C., December 6, 2011
  • "Energy Regulatory Policies Encouraging Biomass Power in the West," Restoring the West Conference, Utah State University, Logan, Utah, October 18, 2011
  • "The Future of Federal Biomass Incentives," Northeast Biomass Conference and Trade Show, Pittsburgh, October 12, 2011 
  • "Developments in FERC’s Ancillary Services Policies," Utility Scale Flexible Power Summit, Denver, September 28, 2011
  • "Encouraging Biomass Power Development in Southern Utah," Southern Utah Biomass Conference, Beaver, Utah, June 3, 2011
  • "Understanding the Newest Biomass Crop Assistance Program (BCAP) Rules," International Biomass Conference & Expo, St. Louis, May 3, 2011
  • "Obtaining Biomass Crop Assistance Program (BCAP) Subsidies," Energy, Utility & Environment Conference (EUEC) 2011, Phoenix, February 1, 2011
  • Panel Moderator, “DOE Loan Guarantees - Supporting the Clean Energy Economy,” Platts Financing U.S. Power Conference, New York, October 29, 2010 
  • "Renewable Energy Financing Through American Recovery and Reinvestment Act Incentives," Sixth Annual North Carolina Sustainable Energy Conference, North Carolina State University, April 2009

Publications

  • "FERC Proposes Expanding Disclosure Requirements for RTO and ISO Market Participants to Cover Broader Array of Information," Stroock Special Bulletin, September 25, 2015
  • "Understanding Today's PURPA Before Negotiating a Power Purchase Agreement," Stroock POSITIVE ENERGY, August 26, 2015, Issue 5
  • Co-author, “Military Renewables Plan: A Bioenergy Booster,” Biomass Power & Thermal Magazine, May 22, 2012
  • Co-author, “Traps for Unwary Project Sponsors – The LCAPP Saga,” Electric Light & Power, January/February 2012
  • "Today's Legal Regime for Biomass 'Qualifying Facilities' Under PURPA," Biomass Power & Thermal Magazine, October 2011
  • Co-author, "Forest-Waste Program Worth Saving," AZCentral.com, June 20, 2011
  • Co-author, "BCAP Relaunch Should Bring New Biomass Producers into the Supply Chain," Biomass Power & Thermal Magazine, February 2011

Admitted To Practice

District of Columbia; North Carolina


Clerkships

Clerk, Hon. Jackson L. Kiser, U.S. District Court, Western District of Virginia


Education

J.D., with honors, University of North Carolina School of Law, 1999; Note Editor, North Carolina Law Review

A.B., cum laude, Duke University, 1993