Brian Plunkett

Counsel
Norton Rose Fulbright US LLP

Brian Plunkett

Brian Plunkett

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Biography

Brian Plunkett is an energy regulatory and projects attorney in Norton Rose Fulbright's Projects group.  His practice focuses on advising electric and natural gas industry participants, investors and lenders on the Federal Energy Regulatory Commission's (FERC) rules and policies, representing clients in proceedings before FERC, helping project sponsors negotiate offtake, interconnection and co-tenancy agreements, and conducting due diligence in connection with the acquisition and financing of electric generation, storage and transmission projects, natural gas pipeline projects and liquefied natural gas projects.  Before joining Norton Rose Fulbright, Brian worked as an associate in the energy and infrastructure practice of another global law firm, as a Trial Attorney in FERC's Office of Administrative Litigation, and as a Presidential Management Fellow in the Office of Chief Counsel for the US Department of Energy's Advanced Research Projects Agency-Energy.


Professional experience

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JD, cum laude, The George Washington University Law School, 2011

  • Articles Editor, George Washington Journal of Energy and Environmental Law
  • Member, Moot Court Board
  • J.B. and Maurice C. Shapiro Public Service Fellowship
  • Vice President and Pro-Bono Coordinator, GW Environmental Law Association

BS, Chemical Engineering, The Pennsylvania State University, 2007

  • District of Columbia Bar
  • Pennsylvania State Bar
  • US Patent and Trademark Attorney

Advising/Due Diligence

  • Advised electric and natural gas industry participants on FERC regulatory and compliance matters, including matters concerning electric market-based rate (MBR) authority, qualifying facility (QF) status, exempt wholesale generator (EWG) status, interlocking directorates, Public Utility Holding Company Act of 2005 (PUHCA) exemptions, and associated FERC reporting requirements.
  • Advised project sponsors and purchasers in connection with sales and purchases of electric generation projects, including portfolio sales.
  • Advised project sponsors and financing parties in connection with financing transactions for electric generation, storage and transmission projects and liquefied natural gas (LNG) projects, including construction and term loans, letter of credit facilities, and tax equity investments.

Contract Negotiation/Drafting

  • Assisted project developers and electric utilities in drafting and negotiating electric interconnection agreements, and co-tenancy and shared facilities agreements, and electric power purchase agreements.
  • Assisted project developers in drafting and negotiating renewable natural gas (RNG) and conventional natural gas sale and purchase agreements.
  • Assisted project sponsors and financing parties in negotiating energy regulatory-related terms and conditions in acquisition, tax equity, and financing transaction agreements.

Regulatory Filings/Disputes/Litigation

  • While a Trial Attorney at FERC, served as lead counsel in three fully-litigated cases and in various cases resolved by settlement.
  • Represented customers and electric utilities in electric transmission and reactive power rate case proceedings before FERC, including preparing electric transmission and reactive power rate case filings, pre-filed testimony, and protests and comments.
  • Represented shippers in natural gas pipeline rate case proceeding before FERC, including preparing protests and comments.
  • Represented and advised electric and natural gas industry participants with respect to informal disputes with contract counterparties.
  • Prepared electric transmission and reactive power rate case filings.
  • Prepared various non-rate filings for electric industry participants, including petitions for declaratory order, requests for waiver of tariff rules and FERC regulations, MBR filings, FERC MBR relational database submissions, electric quarterly reports (EQRs), QF self-certifications, EWG self-certifications, interlocking directorate informational reports, and various FERC forms (e.g., Form 552s, Form 561s, Form 566s).
  • Prepared various non-rate filings for natural gas industry participants, including natural gas pipeline tariff revisions, requests for waiver of tariff rules and FERC regulations, and DOE import/export license applications.
  • Co-author, "Solving Issues of Power Deliverability for Offshore Wind Generation," Power Magazine, May 1, 2020
  • Moderator, Energy Bar Association Electricity Steering Committee's Energizer on Hydrogen (Dec. 6, 2022)
  • Co-presenter, "Main Documents, Their Role in Transactions and Related Issues" and "Contract Structuring and Managing Risk Allocation," Infocast Project Finance Documentation Conference (Oct. 12, 2022)
  • Moderator, "Ratemaking, Incentives and Funding to Support the Clean Eenergy Transmission" Panel Session, Infocast Transmission and Interconnection Summit (Jun. 21, 2022)
  • Moderator, "Southeast Reforms and the Rollout of SEEM" Panel Session, Infocast Transmission and Interconnection Summit (Jun. 20, 2022)
  • Co-presenter, "FERC Moves to Limit Acquisitions Requiring Preapproval - Summary and Key Takeaways," Presentation to Association of Corporate Counsel Energy Network (Dec. 19, 2018)

Energy Bar Association

  • Officer, Electric Steering Committte