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), Regional Transmission Organizations and state commissions. Bob regularly represents clients in litigation before FERC (including the rates natural gas 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 rules on anti-manipulation, capacity release and asset management agreements, and the standards of the North American Electric Reliability Corporation (NERC), including the cyber-security standards.

Bob is currently helping a generation facility comply with the NERC standards applicable to Generation Owners and Generation Operators, drafting compliance training materials for electric and natural gas marketers, advising a client on the California refund proceeding, helping hydroelectric facilities with FERC dam safety reviews and relicensing proceedings, and representing a trade association in the implementation of the swaps title in the Dodd-Frank Act by the Commodities Futures Trading Commission. He routinely drafts applications for authorization under the Federal Power Act, including market based rates, and recently filed a major FERC rate proceeding for a public utility. He has also advised 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) overturning FERC’s decision allowing ex parte communications with market monitors. He helped brief FERC’s policies on station power, 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 approval 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 recently posted, to the firm's Dodd-Frank blog, an extensive analysis of the CFTC's "spoofing" settlement with Bunge Global Markets Inc. 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 is a frequent speaker before industry groups on energy markets, and was recently named one of 2009’s “Groundbreaking Energy Attorneys” by Public Utilities Fortnightly, a leading energy publication. Go here to read. Bob has also been named among The Best Lawyers in America in energy law.

Professional and Civic Activities

• Member, Federal Energy Bar Association
• Member, District of Columbia Bar Association
• Member, Kentucky Bar Association

Publications

• Co-author, “Why Can’t I Just Retire My Plant?” Electric Light & Power (November/December 2005)
• Co-author, “Antitrust to Continue to Play Major Role in Gas Industry Competition,” Natural Gas Industry Analysis (2000)

Education

• J.D., University of Louisville Louis D. Brandeis School of Law, 1986
• B.A., University of Louisville, 1978

Admissions

• District of Columbia
• State of Kentucky