Omar BustamiOmar Bustami Clark Hill
Omar Bustami is an associate in the Environment, Energy and Natural Resources business unit in the Washington, D.C. office. Omar focuses his practice on issues before the Federal Energy Regulatory Commission (FERC), federal courts of appeal, and state utility commissions. Omar has represented many different types of entities in energy related matters including in seeking various types of regulatory approvals, in power transactions, and in disputes involving transmission formula rates, regional transmission organization (RTO) market issues, return on equity, and cost allocation.
Omar graduated from the University of Maryland Carey School of Law in 2015 and is experienced in representing electric cooperatives, municipal utilities, and natural gas shippers in energy related matters. Notably, Omar represented a city in a litigated transmission line siting case at the Minnesota Public Utilities Commission, and successfully obtained a recommendation from an Administrative Law Judge to place a transmission line away from the city.
Other notable experiences that Omar has had include representing landowner interests in a case involving the certification to construct an interstate natural gas pipeline under the National Environmental Policy Act (NEPA) review process, representing a group of municipal utilities in negotiations before a FERC settlement judge over the revenue requirement for the provision of reactive power service from five hydroelectric generating facilities, and representing a municipal utility in a dispute with a Qualifying Facility (QF) over the appropriate amount of refunds owed to it for unauthorized rate collections.
Previously, Omar was an attorney-advisor in the Office of General Counsel at FERC, where he drafted determinations pursuant to Section 4 of the Natural Gas Act (NGA) and Section 205 of the Federal Power Act (FPA) to establish cost-based, negotiated, and market-based rates.
In addition, while at FERC, Omar:
- led a technical conference to discuss and resolve contested issues in a natural gas pipeline proceeding and achieved agreement on issues between a pipeline and its customers;
- investigated whether a company had violated Section 4A of the NGA, and drafted determinations on key legal issues in an enforcement proceeding;
- advised the Commission on how to address a complaint alleging an unauthorized abandonment of pipeline facilities in violation of Section 7 of the NGA;
- analyzed issues related to the establishment of rates for newly certificated pipelines;
- prepared a complex policy memorandum analyzing rapidly developing issues related to the Commission's jurisdiction over net metering facilities and practices;
- drafted an order on petitions for declaratory relief pursuant to the Public Utility Regulatory Policies Act of 1978 concerning the Commission's jurisdiction over power sales from QFs;
- collaborated on a rulemaking proceeding to revise the pro forma large generator interconnection agreement; and,
- reviewed a vast hearing record to determine whether utilities engaged in legitimate business practices during the California electric crisis of the early 2000s and recommended remedies, including refunds and disgorgement.