Caileen Kateri Gamache
Caileen Kateri Gamache (“Kat”) works with project developers, investors, utilities and financial marketers to find solutions to complex energy regulatory issues, develop ideas into operational projects, draft and negotiate material contracts and close deals. She routinely represents clients before the Federal Energy Regulatory Commission (FERC), the North American Electric Reliability Corporation (NERC), state regulatory agencies, Regional Transmission Organizations (RTOs) and Independent System Operators (ISOs) on matters arising under federal and state statutes and implementing regulations, including the Federal Power Act, the Natural Gas Act, the Natural Gas Policy Act, the Public Utility Regulatory Policies Act, the Public Utility Holding Company Act and the Energy Policy Act of 2005.
JD, magna cum laude, University of Maine School of Law, 2008
BA, Phi Beta Kappa, summa cum laude, University of Maine, 2003
- Sponsor’s counsel for development of approximately 950 MW gas-fired generating facility in Ohio. Provided regulatory guidance and drafted and negotiated project documents, including gas transportation and supply contracts, ISDA-based hedge agreements and offtake agreements.
- Regulatory counsel to lenders and investors in project finance and acquisition of community solar projects.
- Represented senior and back-leverage lenders in connection with the financing of the 230 MW Mariah North Wind power project, serving the high-demand ERCOT market in Parmer County, Texas, with a 13-year, fixed-price hedge for its power production.
- Assisted major renewable energy holding company in the acquisition of four New England hydroelectric facilities.
- Represented the lenders to Cheniere Energy Partners, L.P. on approximately US$2.8 billion of senior secured credit facilities.
- Lead counsel representing large distributor on conversion of fleet from lead-acid batteries to hydrogen fuel cell power. Analyzed, drafted and negotiated project finance terms and service provider agreements in complex, multi-party transaction.
- Sponsor’s counsel for developers of solar power and hydroelectric generating facilities. Provided regulatory guidance and drafted and negotiated project documents, including power purchase agreements (PPAs), land acquisition and lease documents, transmission easements, operation & maintenance (O&M) agreements, interconnection agreements, renewable energy credit purchase and sale agreements, and engineering, procurement and construction (EPC) contracts.
- Represented a cogeneration facility owned by a large oil and gas company in a case of first impression under the qualifying facility provisions of PURPA. The project was the first to seek a finding by FERC that the facility would be used fundamentally to meet non-utility purposes as specified in a law enacted by Congress in 2005 where most of the output would be sold to a utility. Provided detailed information about the operation of the facility and its key role in supporting oil and gas production, which convinced FERC to grant the client’s application.
- Represented financial marketer before FERC in proceeding regarding the allocation of uplift charges to various financial products. Presented impact of products on uplift, unit commitment and Day-Ahead and Real-Time market convergence.
- Represented large utility in hydroelectric relicensing proceeding involving a boundary river project. Advised on issues of first impression under the Clean Water Act and Federal Power Act.
- Represented a large industrial consumer in a proceeding concerning the allocation of the costs paid for demand side response. Presented detailed evidence that showed that the client received power under a long-term contract and the price under that contract was not based on the price of power in the market. FERC concluded that none of the costs of demand response could be allocated to the client.
- Represented Fortis Inc. in its acquisition of the parent of Central Hudson Gas & Electric Corporation for approximately US$1.5 billion.
- Represented Constellation Holdings, Inc., the successful “stalking horse” bidder in a bankruptcy proceeding, in its acquisition of approximately 3,000 MW of generation for US$1.1 billion from Boston Generating, LLC and its subsidiaries. Served as regulatory counsel on this transaction, which included due diligence, editing the draft purchase agreement, securing FERC orders granting market-based rate authority, EWG status and, in a contested proceeding, authorization under FPA Section 203.
- Represented several entities in the NERC audit and enforcement process, including Critical Infrastructure Protection audits. Drafted NERC compliance policies and conducted corresponding employee training sessions.
- District of Columbia Bar
- Massachusetts State Bar
- Maine State Bar
- "Traps for the Unwary: PUHCA," Project Finance NewsWire, February 2016
- "The Dark Side of Reliability Regulations," Power Magazine, April 2015
- "Reevaluating the Wholesale Market Power Analysis," Power Magazine, November 2014
- Co-author, "Getting the Deal Through, Electricity Regulation, 2012, 2013 and 2014," November 2011, 2012 and 2013
- Co-author, "Smart Grid: Will it Get Renewables to Market and Promote Energy Efficiency? Infrastructure," Volume 49, Number 3, Spring 2010 (republished in Energy, Utility, Transportation and Environmental Law for the 21st Century, A Collection, edited by Lacouture, Peter V. (American Bar Association, 2013)
- Presenter, "Energy Regulation for Transactional Attorneys," Transactional Training Series, Washington, DC, June 29, 2016
- Co-presenter, "Power Purchase Agreements: Basic Overview and Bankability Analysis," Inter-American Development Bank (IDB/IIC), Washington, DC, June 17, 2016
- Co-presenter, "Solar + Storage," Electric Utility Consultants, Inc. (EUCI) Webinar, June 15, 2016
- Moderator, "Corporate PPAs," 27th Annual Chadbourne Global Energy and Finance Conference, Kohler, WI, June 10, 2016
- Presenter, "New Developments in Energy Project Finance," American College of Investment Counsel (ACIC) Webinar, May 19, 2016
- Presenter, "EBA Primer: Electricity and Electric Rate Regulation – An Introduction," San Francisco, April 4 - 5, 2016
- Presenter, "EBA Primer: Energy Trading," Houston, December 7 - 8, 2015
- Moderator, "EBA Book Club," Author Lecture Series, May and November 2014, January, March and May 2015
- Panelist, "Howard School of Law Energy & Environmental Career Panel," Washington, DC, December 2013
- Co-presenter, "US Renewable Energy and Natural Gas Markets: Lessons Learned," American Chamber of Commerce in Tokyo, Japan, September 2013
- Co-presenter, "NERC Audits and Culture of Compliance: Practice Pointers," Washington, DC, March 2010
Memberships and activities
- Secretary: Energy Bar Association
- Administrative editor: Energy Law Journal
- Legislative & regulatory committee representative: National Hydropower Association
- Counsel: DC office of major law firm
- Aassociate: DC Office of major international law firm
- Legal intern: Honorable Kermit Lipez of the US Court of Appeals for the First Circuit
- Legal intern: Ceccon & Associates, Padua, Italy
- Law clerk: Law Office of Michael J. Duncan, Colorado Springs, CO
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