Daniel R. SimonDaniel Simon Clark Hill
Daniel R. Simon
Daniel Simon represents clients in energy regulatory issues involving the Federal Energy Regulatory Commission (FERC) and state utility commissions.
Dan's clients include renewable energy project owners and developers, independent power producers, large energy consumers, power marketers and commodity traders.
In the electricity sector, Dan frequently advises clients (including 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. Dan also helps clients analyze and negotiate long-term power purchase agreements (PPAs).
Dan 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. This work includes helping clients with interconnection agreements, transmission service, Renewable Portfolio Standard (RPS) requirements, PPA negotiation, and ISO/RTO participation. Dan also frequently represents clients in post-commercial operation disputes involving interconnection, transmission and ISO/RTO issues. Dan 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.
Dan 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.
Dan regularly represents large natural gas consumers and shippers on FERC and state utility commission policies in a wide range of transactions. For instance, Dan has assisted clients in negotiating precedent and interconnection agreements to connect directly to interstate natural gas pipelines. Dan 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. Dan also assists large natural gas consumers on state-regulated service issues with local distribution companies (LDCs).
Dan also 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.
Dan 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.