Robert Fallon is a shareholder in Leonard, Street and Deinard�s Energy practice, where he represents electric, hydroelectric and natural gas companies before the Federal Energy Regulatory Commission (FERC), Federal Courts, Regional Transmission Organizations and state commissions. Bob regularly defends market participants in FERC enforcement investigations, represents clients in litigation before FERC (including the rates pipelines charge electric generators for service and the development of capacity markets) and advises and trains clients on compliance issues, including compliance with FERC�s anti-manipulation rules and the standards of the North American Electric Reliability Council, including the cyber-security standards.
Bob is currently helping a retail supplier open up the competitive market before a state commission, advising a client on the California refund proceeding and helping a client develop a transmission facility to move new wind resources. He helped prepare and is currently litigating rates for an electric utility. He routinely drafts applications for authorization under the Federal Power Act, including Section 203 and market based rates. He has advised ethanol investors and other market participants on the incentives to be found in the Energy Policy Act of 2005, including the incentives for renewable fuels and new transmission investment.
Bob offers significant appellate experience, including a successful oral argument on behalf of the Electric Power Supply Association (EPSA) in Electric Power Supply Assoc. v. FERC, 391 F.3d 1255 (D.C.Cir. 2004) which overturned the FERC�s decision allowing ex parte communications with market monitors. He helped brief FERC�s policies on station power, which were upheld in Niagara Mohawk v. FERC, 452 F.3d 888 (D.C. Cir. 2006).
Bob was formerly Senior Counsel to the Chair of the Federal Energy Regulatory Commission, where he worked for 12 years. His achievements include the drafting and implementation of Order No. 636. He also worked extensively on oil pipelines issues, including the indexing and grandfathering provisions of the Energy Policy Act of 1992 and innovative rate methodologies, such as those proposed by Express Pipeline, and acquisition adjustments for pipelines converting to oil pipeline service, such as Rio Grande Pipeline.
Bob co-authored "Why Can�t I Just Retire My Plant?," in the November/December 2005 issue of Electric Light & Power and "Antitrust to Continue to Play Major Role in Gas Industry Competition," published in the 2000 Natural Gas Industry Analysis. He is a frequent speaker before industry groups on issues relating to energy market restructuring.
PROFESSIONAL AND CIVIC ACTIVITIES
Member, Federal Energy Bar Association
Member, District of Columbia and Kentucky Bar Associations
EDUCATION
J.D., University of Louisville School of Law, 1986
B.A., University of Louisville, 1978
ADMISSIONS
State of Kentucky
District of Columbia |