Debra Ann Palmer

Partner

Debra Ann Palmer has been involved in a variety of matters before the Federal Energy Regulatory Commission (FERC) and the U.S. Court of Appeals.

Experience

• Represents a major public utility with respect to numerous FERC actions and rulemakings implementing the Energy Policy Act of 2005 (EPAct 2005). Ms. Palmer has prepared comments for the client regarding FERC's proposed rules regarding market manipulation and represented the client regarding FERC's rules governing affiliate relationships.
  • Represented a major public utility in its efforts to comply with FERC's Order No. 2000 by joining an independent transmission company
  • Played an active role in the negotiating and drafting the various contracts necessary for the formation and operation of an independent transmission company and in obtaining FERC approval of those documents and related tariffs.
  • Represents a public utility's affiliates with respect to the development and operation of “Day 2” energy markets based on a local marginal pricing system of congestion management and on security constrained economic dispatch.
  • Represented a public utlity's affiliates in obtaining FERC approval of agreements pursuant to which the utility may purchase power from its affiliates.
  • Assisted companies in the preparation of various electric tariff filings before the FERC, including wholesale power marketing tariffs, cost-based power sales tariffs, open access transmission tariffs, and generator interconnection procedures. In addition, she has assisted these clients in the drafting and negotiation of various contracts for the sale and purchase of power at wholesale and the provision of transmission service.
• Represented a public service commission in a FERC electric proceeding concerning Enron's manipulation of Western energy markets. The major issue in that proceeding is whether Enron should be forced to disgorge billions of dollars in profits allegedly earned due to its market manipulation. The proceeding was recently settled on favorable terms. Ms. Palmer has also represented the client in a proceeding concerning whether certain Enron affiliates have fully complied with FERC's regulation governing Qualifying Facilities (QFs).
  • Represented the client in a case involving an interconnection agreement between a Nevada utility and the Bonneville Power Administration. A number of parties claimed that approval of the interconnection agreement would adversely affect their rights to upstream capacity on the electric transmission grid and will harm the reliability of their systems. She represented the client through lengthy hearings before an administrative law judge (ALJ), the preparation of post-hearing briefs, and subsequent review by FERC. FERC issued an order fully supporting the client's position. This dispute also gave rise to proceedings before federal district court and the Ninth Circuit, and Ms. Palmer represented the client in these federal court proceedings.
• Is involved in the representation of four interstate pipelines with respect to various matters. She is currently involved in the preparation of briefs related to various appeals filed with the U.S. Court of Appeals for the D.C. Circuit.
  • Was involved in an appeal in which the D.C. Circuit found that FERC had exceeded its jurisdiction by ordering Columbia to install certain gathering facilities.
  • Assisted a pipeline in a proceeding to establish gas quality specifications in its FERC tariff.
• Is involved in the representation of a local distribution company (LDC) with respect to its efforts to address safety and gas quality concerns related to the expansion of a Liquefied Natural Gas (LNG) facility.
• Represents an LDC with respect to various FERC issues, including pipeline rate cases and certificate proceedings.
• Is involved in the representation of a number of natural gas LDCs in New England in various FERC matters, including matters related to FERC’s Order No. 637 and a proceeding regarding the use of net present value (NPV) calculations to award interstate pipeline capacity. Was involved in proceedings before the D.C. Circuit that led to a remand of Commission orders on the NPV issue.

Awards and Honors

AV Peer Review Rated, Martindale-Hubbell

Education

Professional Memberships

Energy Bar Association
        Board of Directors
        Past Chair, Programs and Meetings Committee

Women's Council on Energy and the Environment