Gary Bachman

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Gary Bachman represents a wide array of participants in the electric industry and has a long history with hydroelectric licensing and transmission regulation and ratemaking. He is also actively engaged in regulatory matters concerning corporate structure, contracts, tariffs, compliance, and reliability. Gary has significant experience in litigation, finance, and transactional matters pertaining to electric utility and hydroelectric operations. He frequently advises developers in all aspects of project development, including ownership structure, regulatory treatment, permitting, siting, and the environmental and natural resource issues which often arise. Gary’s clients are a diverse mix of investor-owned and municipal utilities, as well as independent generation and transmission developers, with interests in the electricity sector spanning from traditional fossil fuels, nuclear, and hydroelectric generation sources to emerging technologies, such as geothermal, solar and wind.

  • Experience
    • Provides regulatory counsel and strategic assistance to project developers of a number of proposed transmission lines to move location constrained renewable power.
    • Provides regulatory counsel on transmission tariff rate cases for both formula and stated rates.
    • Provides licensing counsel on numerous original licenses and relicensings, including negotiating major settlements for three of the largest and controversial projects in the country.
    • Successfully represented an electric utility client in a FERC investigation regarding compliance with the Federal Power Act, the Commission’s regulations, and the utility’s Open Access Transmission Tariff.
    • Crafted an innovative settlement involving renewable resource credits for a client involved in the California Refund Litigation, arising out of the California electricity crisis of 2000 and 2001.
    • Crafted the initial settlement of the MISO/PJM seams elimination charge litigation on behalf of a Midwest investor owned utility.
    • Successfully prosecuted a Complaint at FERC over the structure of capacity market mitigation rules.
    • Assists numerous clients with reliability compliance matters before the Federal Energy Regulatory Commission (FERC), North American Electric Reliability Council (NERC), and Regional Reliability Entities, including registration, employee awareness training, audit preparation and follow-up, compliance documentation, investigations, requests for interpretations of reliability standards, settlement negotiations, and appeals before NERC and FERC of alleged compliance violations.
    • Lead counsel of a group of utilities and power marketers in the multi-party Pacific Northwest litigation regarding California’s energy crisis.
    • Successfully defended several firm clients in a FERC litigation proceeding filed by the State of California against allegations that sellers in California organized markets violated the Commission’s market-based rate quarterly reporting requirements.
    • Represents new entrants into the emerging EIM market
  • Professional Affiliations

    American Bar Association

    Energy Bar Association

  • Awards & Honors
    Chambers USA
    Energy: Electricity (Regulatory and Litigation), 2005-2019
    Super Lawyers
    2007-2011, 2013-2015, 2019
    Legal 500 - Recommended Attorney
    Energy Regulation - Conventional Power, 2019
    "Best Lawyers in America" by Best Lawyers
    Energy Law, 2020-2021
  • Government Service
  • News & Presentations
  • Thought Leadership

Education

American University, Washington College of Law J.D., cum laude, 1978

Bucknell University B.A., 1975