Peter J. Scanlon

Experience

Mr. Scanlon is the President of DWGP, with over three decades of experience in utility law, commercial litigation and administrative law, including rate proceedings involving electric and natural gas utilities. Mr. Scanlon’s practice involves advising clients on organized market rules, rate case litigation, regulatory compliance, enforcement matters, standards of conduct, power plant project development and construction issues, hydroelectric license issues, municipal law, communications law, and energy contracts. Mr. Scanlon has extensive experience advising clients on regulatory compliance, enforcement, standards of conduct, pipeline safety and transactional matters. Mr. Scanlon presents regularly on energy law topics including climate policies effecting natural gas policies and usage, CFTC and FERC market manipulation authority and enforcement, federal power marketing administrations, energy contracting issues, and FERC practice and procedures. Mr. Scanlon provides annual updates to a treatise on natural gas practice and procedures and rates issues. Mr. Scanlon leads EUCI seminars on FERC practice and utility contracting, and regularly updates a treatise on natural gas practice and procedures and rates issues. Mr. Scanlon has also made presentations to the APPA legal forum on topics including FERC's Market Manipulation authority, federal power marketing administrations, Dodd Frank Act compliance, and energy contracting issues.

Mr. Scanlon has extensive experience in electric transmission and interconnection matters.  He has represented multiple parties to help strengthen the effectiveness of the California Independent System Operator’s (CAISO) tariff amendments to implement its Energy Imbalance Market (EIM).  See e.g., Motion to Intervene, Motion to Consolidate, and Comments of the City of Redding, California under FERC Docket No. ER14-1578, et al., highlighting the need to study the impacts of non-EIM entities on the transmission facilities. Mr. Scanlon has also successfully submitted protests at FERC on behalf of several entities in the Western Balancing Authority Area in response to CAISO’s Market Redesign and Technology Upgrade Tariff changes.  E.g., Protest of the City of Redding, California under Docket No. ER08-1113.  FERC ultimately upheld the tariff but conditioned approval on an improved and equitable import and export energy pricing model.

Mr. Scanlon previously served as in-house counsel for a natural gas public utility holding company involved in natural gas exploration, interstate pipelines, storage, local distribution, and energy production and marketing. 

Areas of Focus

Presentations & Publications

Presentations

• EUCI Course, Working with Electricity Utility Contracts for Non-Lawyers (with Sean Neal, Keith Gordon, Eden Fauré, Nina Wu, and Kevin Kurzeja), Nov. 13-14, 2023
• American Public Power Association, 2022 Legal and Regulatory Conference, “Purchase Power Agreements: What Sellers Want” (November 2022) 
• American Public Power Association, Annual Conference 2021,  To Be or Not to Be: Impacts of Climate Policies on Natural Gas Transportation and Distribution (with Bhaveeta Mody)
• Presenter, "Navigating the Legal Complexities around Distributed Generation” at the APPA 2021 Legal and Regulatory Conference in Savannah, GA (Oct. 19, 2021)
• EUCI Seminar, FERC 101, and FERC Electricity: Compliance and Enforcement (Sean Neal, Sylwia Dakowicz, Ellen Hill, and Barry Lawson) October 4-5, 2021
• Presenter, “FERC Electricity 101” and "FERC Enforcement" at the EUCI Conference in Herndon, VA (October 2019)
• Presenter, EUCI Seminar, FERC 101, FERC Compliance and Enforcement, FERC Enforcement Process and Audits (with Sean Neal, Lisa Gast, Lauren Perkins, and Clarence Hawkes), Sept. 9-10, 2020 
• Presenter, “FERC Electricity 101” and "FERC Enforcement" at the EUCI Conference in Newport Beach, CA (November 2018)
• Presenter, “FERC Electricity 101” at the EUCI Conference in Portland, OR (March 2018)
• American Public Power Association, Legal Seminar 2013, "Enforcement Authorities and Actions of the CFTC and FERC."
• American Public Power Association, Legal Seminar 2012, "Legal Implications of DOE Efforts to Reform the PMAs."
• American Public Power Association, Legal Seminar 2011, "FERC Transmission Rate Incentives: Trends and Outlooks (with Bhaveeta K. Mody).
• American Public Power Association, Legal Seminar 2010, "2010 FERC Policy Statement on Penalty Guidelines."
• American Public Power Association, Legal Seminar 2008, "Long Term Contracts" (with Thomas L. Rudebusch).
• American Public Power Association, Legal Seminar 2007, "Market Manipulation Keeping Your Public Power System Out of Trouble."
• American Public Power Association, Legal Seminar 2006, "FERC's New Market Manipulation Authorities" (with George Caan, P.E.).
• American Public Power Association, Legal Seminar 2003, "Wholesale Energy Contracts - Contracts and Drafting Issues in Light of Recent Energy Market Conditions and Decisions Applying the Federal Power Act."

   

   

   

Publications

• Contributor, Chapters 30 and 45 of Regulations of the Gas Industry, LexisNexis (2011-2021).