Dewey & LeBoeuf

Catherine P. McCarthy

Partner

Catherine McCarthy is co-head of the firm's Energy Regulatory Department, a group with over 25 lawyers, and has almost two decades of experience representing clients on energy regulation and policy. She has been selected as one of The American Lawyer's "45 Under 45", a group of the highest performing women of the private bar under the age of 45 (January 2011). Cathy works regularly on electric transmission matters, including transmission formula rate work. Ms. McCarthy was lead counsel in two Federal Energy Regulatory Commission (FERC) proceedings where the firm's transmission owner applicant clients sought and obtained rate incentives for major transmission projects. She also represents hydroelectric licensees with issues arising under Part I of the Federal Power Act including license amendment and license compliance issues.

Ms. McCarthy advises clients daily on compliance issues, including reliability compliance, and represents clients before the FERC Office of Enforcement. In addition, she regularly counsels clients on issues related to centralized energy markets, including the development and modification of ISO market rules and tariff provisions. Ms. McCarthy also represents energy clients before the Department of Energy, the Federal Communications Commission and the Nuclear Regulatory Commission.

She regularly represents applicants, including transmission owners, in FERC merger and acquisition proceedings and is knowledgeable about current FERC policy on transaction approval.

Ms. McCarthy was identified as one of the Energy Bar's leading lawyers in Chambers & Partners' publication, Chambers USA, America's Leading Lawyers for Business for 2010.

Publications

"Discussing FERC and EPA Interplay," Law360 (November 2011).
"A New Era of Natural Gas in North America," Law360 (November 2011).
"Fueling Fresh Analysis of Horizontal Market Power," Law 360 (March 2011).
"Sharyland - An REIT Pioneer," Law360 (May 2010).
"The Facilitation of Nonincumbent Transmission Projects," Law360 (May 2010).
"IP Concerns and Smart Grid Development," Law360 (September 2009).
"FCC Approvals for Utility Transactions Can Become Unexpected Pitfall," Natural Gas & Electricity Journal (June 2006).
"FERC Strongly Enforcing Compliance Regulations about Interlocking Directorates," Natural Gas & Electricity Journal (May 2006).

Representative Matters

Ms. McCarthy served as lead regulatory counsel on the following transactions:

GDF SUEZ, S.A. with US regulatory approvals for its combination with International Power plc, creating the world's largest independent power producer;
Covanta Holding Corporation with respect to its $450 million acquisition of Veolia Environmental Services, North America Corp.'s waste-to-energy business;
MidAmerican Energy Holdings Company in its (now-terminated) $9.1 billion acquisition of Constellation Energy Group;
Centrica plc in its $300 million acquisition of Strategic Energy, L.L.C.;
Puget Energy, Inc. in its $7.4 billion sale to a consortium of infrastructure funds led by Macquarie Infrastructure Partners;
Energy East in its $8.1 billion merger with Iberdrola; and
MidAmerican Energy Holdings Company in its $9.4 billion acquisition of PacifiCorp.

Selected Activities

Adjunct professor, The Catholic University of America, Columbus School of Law (1996-1998)
Lecturer, "Due Diligence Workshop - SNL EXNET Power & Utilities M&A Symposium," New York, NY (January 2012)
Lecturer, "FERC Order 1000: Road Road Map and Speed Bumps," SNL Energy Webinar (January 2012)
Lecturer, "Strategies for Developing Effective FERC and CFTC Compliance Programs," Houston, TX (November 2011)
Lecturer, "FERC and DOJ/FTC Market Power Issues In Energy M&A," Washington, DC (June 2010)
Moderator, "Infrastructure of the Future," Amelia Island, FL (October 2010)