1350 I Street NW
Washington, DC 20005
Bob Fallon represents electric, hydroelectric and natural gas companies before the Federal Energy Regulatory Commission (FERC), Regional Transmission Organizations, state commissions, the North American Electric Reliability Corporation (NERC) and the Commodity Futures Trading Commission (CFTC).
Bob offers in-depth knowledge of FERC gained from 12 years working at the agency. Today, he regularly represents clients at FERC on a variety of matters, including the rates natural gas pipelines charge electric generators for service, the development of electric capacity markets, and required public utility filings. He recently led a team of lawyers in a five-month effort culminating in the sale of a FERC-licensed hydroelectric plant and associated industrial facility. Our client commented: “You did it and you made it look easy. Your willingness to do whatever was needed to get the job done was recognized and is the reason we were able to close today.”
Bob also offers significant FERC appellate experience. He is currently representing a petitioner in two D.C. Circuit appeals of FERC decisions involving the New York wholesale market. He also successfully argued on behalf of the Electric Power Supply Association in Electric Power Supply Assoc. v. FERC, 391 F.3d 1255 (D.C.Cir. 2004) overturning FERC’s decision allowing ex parte communications with market monitors.
He regularly advises and trains clients on FERC compliance issues, including compliance with FERC’s rules on anti-manipulation, capacity release and asset management agreements. One client has remarked that “Bob brings a passion” to normally dry compliance work.
Bob continues to help a generation facility comply with the NERC standards applicable to Generation Owners and Generation Operators. The NERC auditors commented that the “standard operating procedures and employee training” used by the generation facility showed an “attention to detail” and reflected a “strong culture of compliance.”
Bob is representing a trade association in the implementation by the Commodity Futures Trading Commission of the swaps title in the Dodd-Frank Act and works with a team advising numerous energy clients on Dodd-Frank issues. As part his CFTC work, Bob posts regularly to the firm’s Dodd-Frank blog (http://www.dodd-frank.com) on market manipulation issues.
While at FERC, Bob worked extensively on Order No 636, the FERC order restructuring the natural gas industry, and 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. He was named a “Groundbreaking Energy Attorney” in 2009 by Public Utilities Fortnightly, a leading energy publication.
Bob writes and speaks frequently on energy issues. He co-authored “Why Can’t I Just Retire My Plant?” in the November/December 2005 issue of Electric Light & Power and published “Antitrust to Continue to Play Major Role in Gas Industry Competition,” in the 2000 Natural Gas Industry Analysis. He presented on NERC compliance issues at the first annual NAES conference.
Professional and Civic Activities
- Federal Energy Bar Association
- District of Columbia Bar Association
- Kentucky Bar Association
- J.D., University of Louisville Louis D. Brandeis School of Law, 1986
- B.A., University of Louisville, 1978
- State of Kentucky
- District of Columbia