CONTACT INFORMATION

Washington t 617.848.5736 f 202.778.6460 E-mail Download vCard

PRACTICE AREAS

INDUSTRIES

BAR ADMISSIONS

  • Massachusetts
  • New York

Monica M. Berry

Counsel

Monica M. Berry concentrates her practice on energy, energy regulation and litigation.

Experience

  • Represented natural gas utility clients in examining state law to determine whether sale of companies would trigger state commission jurisdiction.
  • Represented natural gas utility in litigation concerning meter error and billing dispute for sales of natural gas.
  • Represented natural gas utilities in compliance and enforcement matters before FERC.
  • Represents an independent transmission system operator (ISO) in a number of proceedings concerning the development of market rules for New England's wholesale electricity markets.
  • Represented an independent transmission system operator in successfully introducing a Forward Capacity Market (FCM) with improved investment incentives for electric energy supply and demand resources.
  • Represented a client in administrative litigation at the Federal Energy Regulatory Commission (FERC) regarding the design and implementation of a locational installed capacity market in New England.
  • Represents a client in various appellate court proceedings concerning jurisdictional issues related to generation resource adequacy and reliability and defending various market rules governing New England's wholesale electricity markets.
  • Represents large casino companies regarding the procurement of electric power and related energy services to supply multi-billion dollar projects under development.
  • Represents electric power cooperatives in negotiating power supply contracts with a major public utility.
  • Represented interstate pipelines in proceedings before the FERC.
  • Represented local distribution companies (LDCs) and other shippers in proceedings before the FERC concerning the rates, terms and conditions of service offered by the interstate pipelines.
  • Represents a major public utility with respect to numerous FERC orders and rulemakings, including actions implementing various landmark FERC orders.
  • Represented clients in preparing comments regarding FERC's various rulemaking proceedings including standards of conduct for transmission operators, rules governing affiliate relationships, and market manipulation.
  • Represents clients in FERC hydropower licensing and relicensing proceedings.
  • Represents clients in regulatory compliance, including FERC enforcement proceedings.

Publications 

"Court of Appeals Rejects Petitions for Review of FERC's Decision on Mobile-Sierra Applicability to Forward Capacity Auction Rates," Energy Manager Today (April 8, 2013)

"What is Happening and Where in the World of RTOs and ISOs?" (co-author) 27 Energy Law Journal 65 (2006)

"Liquefied Natural Gas Import Terminals: Jurisdiction Over Siting, Construction, and Operation in the Context of Commerce Clause Jurisprudence," 26 Energy Law Journal 135 (2005); republished in 4 Oil, Gas & Energy Law Journal, (2006)
 

Previous Experience

Earlier in her career, she was an attorney-adviser to the Honorable Carmen A. Cintron and the Honorable William J. Cowan at the FERC.

Her prior experience also includes a brief tenure at a Japanese law firm and at an American investment bank in Tokyo, Japan.

Education

Boston University School of Law(J.D., 2002)
London School of Economics — London, United Kingdom(M.S., 1999)
University of South Florida(B.A., cum laude, 1998)

Clerkships

Honorable John P. Bourcier, Rhode Island Supreme Court
Honorable Francis X. Flaherty, Rhode Island Supreme Court

Professional Memberships

American Bar Association
Boston Bar Association
Energy Bar Association