Dewey & LeBoeuf

Hugh E. Hilliard

Partner

Hugh Hilliard represents clients on matters related to regulation of energy companies by the Federal Energy Regulatory Commission (FERC) and on energy-industry transactions. He has experience in both the electric and natural-gas sectors, principally in matters involving companies engaged in generation, sale or purchase of electric energy or in storage or trading of natural gas. He regularly works on wind, solar and geothermal energy projects, representing passive equity investors, lenders, parties in M&A transactions, and developers, as well as on hydroelectric and gas-fired electric generation projects. Mr. Hilliard often assists with transactions involving power purchase agreements, interconnection agreements and participation in organized electric markets. Other representative matters include assisting electric-generating and marketing companies in complying with FERC regulations applicable to sellers of electric energy at market-based rates. In addition, he assists natural-gas companies in obtaining authorization to provide FERC-regulated services and in complying with FERC regulations regarding capacity release and other matters.

Prior to practicing law, Mr. Hilliard served in various capacities at the U.S. Department of the Interior, principally involving leasing of federal lands and collecting royalties in connection with oil, natural gas and coal development. He also worked on matters related to the oil and gas industry for the International Energy Agency and the U.S. Department of Energy.

He regularly serves as a volunteer performing intake services for low-income clients at the Washington, DC-based Legal Network and serves on the Advisory Council for this organization. He also is the pro bono partner for D&L’s Washington, D.C. office.

Representative Matters

Drafting, negotiating and otherwise advising on issues related to power-purchase and sale agreements, including for renewable energy facilities and "tolling agreements" for natural gas-fired electric generating facilities, in the United States and certain non-U.S. markets;
Advising on issues related to electric interconnection and transmission in various U.S. markets, including California, PJM Interconnection, the Midwest Independent System Operator, the Southwest Power Pool and other markets.
Representing investors acquiring interests in electric generating facilities, including financial institutions acquiring passive equity interests in wind, solar and geothermal projects as well as parties in M&A transactions;
Represented a large industrial manufacturer in negotiating a contract for the installation by a third party of an energy recycling project to generate electricity from the manufacturer's waste heat stream and sell the electricity back to the manufacturer;
Assisted a client in acquiring and then reselling—just 40 days later—a hydroelectric facility, including negotiation of power-purchase agreements and other transaction documents, as well as obtaining required FERC authorizations;
Represented the manager of a large, combined-cycle electric generating facility in litigation before FERC regarding the development of an electric capacity market in New England;
Represented the manager of a large, solar electric-generating facility in litigation and ultimately a favorable settlement at FERC regarding the facility's status as a qualifying small power-production facility and its contract for sales of electric energy to a large electric utility; and
Assisted the developer of a proposed natural gas-storage project in obtaining a certificate of public convenience and necessity from FERC.

Selected Activities

Member, American Bar Association, 2000-present.
Energy Bar Association: Member, 2000-present; Chair, Finance and Transactions Committee (2005-2006); Chair, Power Generation and Marketing Committee (2007-2008); Assistant Treasurer (2009-2010); Treasurer (2010-2011).

Publications

Co-author, "Administrative Appeals of Minerals Management Service Orders Involving Royalties on Federal and Indian Lands." Rocky Mountain Mineral Law Foundation (February 1998).