Omar BustamiOmar Bustami Clark Hill
Omar Bustami 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 state and federal rulemaking proceedings, various types of regulatory approvals, power transactions, and disputes involving cost allocation of energy infrastructure.
Omar is experienced in representing industrial end-users, electricity suppliers, and municipal entities 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 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 in the Office of General Counsel at FERC, where he advised and wrote draft determinations on a wide array of issues involving the Natural Gas Act (NGA), Federal Power Act (FPA), and the Public Utility Regulatory Policies Act of 1978 (PURPA).
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.