ROBERT S. FLEISHMAN Of Counsel

Transcription

1 ROBERT S. FLEISHMAN Of Counsel Covington & Burling LLP 1201 Pennsylvania Avenue, NW Washington, DC Tel: Practices Energy Dispute Resolution Enforcement & Compliance Government Affairs Litigation Nuclear Regulatory Litigation Mediation & Non-Binding ADR Government Affairs Environmental, Carbon Markets & Clean Technology Carbon Markets & Climate Change Arbitration White Collar Defense & Investigations Industries Clean Energy & Climate Clean Energy & Cleantech Coal, Natural Gas, Petroleum Electricity Transmission & Distribution Energy Efficiency & Conservation Nuclear Renewables (Solar, Wind, Geothermal, Hydroelectricity) Education Boston University School of Law, J.D., 1978 Georgetown University, B.A., 1974 cum laude Robert Fleishman represents and advises investor-owned utilities, financial institutions, private equity firms, natural gas pipelines, local distribution companies, oil and gas producers, customers, and energy companies on regulatory, enforcement, compliance, commercial, legislative, and public policy matters and activities. He has proven leadership and accomplishments on significant legislation, transactions, litigation, and settlements in the energy industry. In addition, Mr. Fleishman is a mediator, a member of the American Arbitration Association's National Roster of Neutrals (Commercial Arbitration), and a member of the CPR Institute's Energy, Oil, and Gas Panel of Distinguished Neutrals. REPRESENTATIVE MATTERS Represented and advised KKR and Texas Pacific Group in obtaining FERC and NRC approvals in connection with the purchase of TXU Corp. Energy Transfer Partners (ETP) in investigations by FERC and CFTC regarding market manipulation and ETP and Oasis Pipeline at FERC in the show cause litigation proceedings. Represents COMPETE, a coalition of major electricity market participants, including Exelon, Constellation Energy, Sempra Energy, Reliant Energy, Energy Future Holdings (formerly TXU Corp.), Public Service Enterprise Group, Allegheny Energy and Wal-Mart, on legislative, regulatory, and public policy matters. As a mediator, successfully resolved a series of disputes between Pacific Gas & Electric Company and the City of San Francisco. Advises a range of entities on FERC enforcement, compliance, and audit matters. Represented Texas Genco in its successfully obtaining FERC approval to sell approximately $5.4 billion in generation assets to NRG. Represents UBS before FERC on energy marketing and trading matters. Advises Mitsubishi Nuclear Energy Systems in connection with NRC regulatory issues.

2 Bar Admissions District of Columbia Mediated a dispute between an energy company and an international bank. PREVIOUS EXPERIENCE Constellation Energy Group (CEG), formerly Baltimore Gas & Electric Company (BGE), Vice President of Legislative and Regulatory Policy; Vice President of Corporate Affairs and General Counsel ( ). In that role, Mr. Fleishman led the company's efforts to develop and coordinate legislative and regulatory policy at the federal, state and local levels. He also: successfully led the effort to obtain all necessary federal regulatory approvals for Constellation Energy Group to transfer approximately $2.5 billion in electric generation assets to an unregulated subsidiary; led the policy development, consensus building, and lobbying efforts to pass comprehensive electric restructuring legislation in the Maryland General Assembly; managed the successful effort to pass holding company legislation in the Maryland General Assembly and obtain all necessary regulatory approvals; saved natural gas customers over $1 billion by engineering a major victory at FERC through agency filings, litigation, and Congressional activities concerning Columbia Gas Transmission Corporation's transition restructuring costs; successfully overturned approximately 40 FERC orders and saved consumers approximately $140 million by orchestrating a court victory in BGE v. FERC in the U.S. Court of Appeals for the D.C. Circuit; supervised Constellation and BGE's compliance with FERC and state affiliate standards and codes of conduct and a request for proposal process for purchased power; served as Chairman of the American Gas Association s FERC Regulatory Committee; directed BGE's compliance and planning efforts in restructuring of the gas industry under FERC Order 636; served as a member of the Official Customer Committee in Columbia's Bankruptcy Court proceedings and Co-Chair of the Committee's Litigation Committee; successfully negotiated with interstate pipelines,

3 utilities, local distribution companies, state commissions, consumer advocates, and end-users in numerous FERC natural gas cases; and litigated approximately a dozen cases before FERC and the Maryland Public Service Commission on natural gas and electricity matters. In the dispute resolution field from , Mr. Fleishman: developed an extensive, systematic, and cost effective ADR Program at CEG and BGE, with the assistance of JAMS/Endispute; held leadership roles in three ADR organizations: Chairman of the ADR Committee of the Energy Bar Association; Chairman of the Business Initiative for the Maryland Mediation & Conflict Resolution Office (MACRO) under the auspices of Maryland Chief Judge Robert Bell; and President of the Community Mediation Program in Baltimore, MD; and successfully led the process for an extensive benchmarking study on the use of ADR in the Maryland business community, jointly published by MACRO and the Maryland Chamber of Commerce. Federal Energy Regulatory Commission (FERC), including in the Enforcement Division ( ) HONORS AND RANKINGS Best Lawyers in America for Energy Law ( ) Legal 500 US for Energy (2008) Center for the Advancement of Energy Markets Service Award (2005) PRO BONO Grassroots Crisis Intervention Center in Howard County, MD, President Former Community Mediation Program in Baltimore, MD, Former President MEMBERSHIPS AND AFFILIATIONS Energy Law Journal, the preeminent journal in the field of energy law, with nearly 2,600 subscribers in the United States and 14 foreign countries, Editor-in-Chief Energy Bar Association (formerly the Federal Energy Bar Association), a national organization of over 2,500 lawyers and energy professionals, President ( )

4 Center for the Advancement of Energy Markets, an energy industry think tank, Project Director and Co-Chairman of the Energy ADR Forum that released a major report titled "Using ADR to Resolve Energy Industry Disputes: The Better Way" (2006) PUBLICATIONS AND SPEECHES Mr. Fleishman is a frequent speaker before the Energy Bar Association, the American Bar Association, trade associations, and industry and professional conferences and seminars on energy, government affairs, and dispute resolution matters. PUBLICATIONS "FERC Releases First-Of-A-Kind Study On Demand Response, Approves Cost Allocation Proposal For Wind Transmission, And Denies Negotiated Rates For A Transmission Project," Covington E-Alert (6/25/2009), Co-Author "President Obama Announces Intent to Nominate New FERC Commissioner; Ferc Names New Head Of Enforcement and Revises Reporting Requirements For New Generation Sites," Covington E-Alert (6/25/2009), Co-Author "FERC Acts On Major Transmission Line Between Quebec And New England To Move Hydropower, Requests More Comments On Rate Policy For Smart Grid Investments, And Adopts Further Blanket Authorization Reporting Requirements," Covington E- Alert (6/1/2009), Co-Author "Renewable Energy Projects on the OCS - The Regulatory Path is Clarified," Covington E-Alert (5/7/2009), Co-Author "FERC Awards Incentives for Major Midwest Green Transmission Project," Covington E-Alert (4/29/2009), Co-Author "FERC Proposes Smart Grid Priorities and Interim Rate Policy," Covington E-Alert (3/24/2009), Co-Author "FERC Issues Two Show Cause Orders For Alleged Violations Of Anti-Manipulation Rule And Approves Settlements For Violations And Attempted Violations In Connection With Multiple Affiliate Bidding Strategy In Gas Pipeline Open Season; Commissioners Moeller And Spitzer Dissent," Covington E-Alert (1/22/2009), Co- Author "FERC Clarifies Regulations and Reporting Requirements for Holding Companies, Announces New Pipeline Posting Requirements, Opens Inquiry into Non-Interstate Pipeline Posting Requirements, and Denies Rehearing of Order Lifting Maximum Rate Ceiling for Short-Term Pipeline Capacity Releases," Covington E-Alert (12/2/2008), Co-Author "Government Affairs Practice Group Post Election Analysis," Covington Report (11/7/2008), Co-Author "FERC Acts on Enforcement Compliance Policy, Standards of

5 Conduct and Organized Electricity Markets," Covington E-Alert (10/27/2008), Co-Author "FERC Acts on Natural Gas Transparency Reporting, Electricity Transmission Pricing, and Capacity Markets," Covington E-Alert (9/24/2008), Co-Author "Significant FERC Action on Gas Pipeline Capacity Release, Electricity Reliability Enforcement, and Electricity Open Access Policy," Covington E-Alert (6/26/2008), Co-Author "FERC Issues Significant Package of Enforcement Reforms," Covington E-Alert (5/21/2008), Co-Author "FERC Proposes New Standards of Conduct Rules," Covington E-Alert (3/26/2008), Co-Author "Implementation of the Federal Energy Regulatory Commission's Enforcement Authority," White Paper (11/14/2007), Co-Author "FERC Acts on Key Electricity Market Issues," Covington E- Alert (6/25/2007), Co-Author "Using ADR To Resolve Energy Industry Disputes: The Better Way," Report Of The Energy ADR Forum (October 2006), Co- Author "Using ADR to Resolve Energy Industry Disputes: The Better Way," Energy ADR Forum (October 2006) "Energy Deals," Covington E-Alert (January 2006), Co-Author "Reliability-Based Competition in Wholesale Electricity: Legal and Policy Perspectives," Energy Law Journal (November 2004), Co-Author ""Ripken, Restructuring...and You"," Public Utilities Fortnightly (January 1995), Author