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J. Daniel Skees
Partner
Washington, DC Phone +1.202.739.5834 Fax +1.202.739.3001
1111 Pennsylvania Ave. NW\\Washington, DC 20004-2541\\United States
J. Daniel Skees represents electric utilities before the Federal Energy Regulatory Commission (FERC) and other agencies on rate, regulatory, and transaction matters. He handles rate and tariff proceedings, electric utility and holding company transactions, utility financing, electric markets and trading issues, reliability standards development and compliance, and transmission development. In handling appeals of FERC decisions, Dan has successfully represented clients before both the US Court of Appeals for the District of Columbia Circuit and the US Court of Appeals for the Fifth Circuit.
The mandatory electric reliability standards under Section 215 of the Federal Power Act are a major focus of Dan’s practice. He advises clients regarding compliance with reliability standards, and helps them participate in the development of new standards. Dan’s counsel in the reliability area includes the unique compliance concerns presented by the Critical Infrastructure Protection (CIP) reliability standards. Working with business and technical leads within companies and their outside IT consultants, he assists electric utilities in designing their CIP compliance programs and defending those efforts when necessary. The process includes proceedings on reliability compliance before FERC, the North American Electric Reliability Corporation (NERC), and regional entities charged with enforcing compliance.
Dan also represents companies investing in or developing electric generation and transmission assets, advising them regarding the regulatory concerns triggered by those investments, including the initial transaction, interconnection, and ongoing compliance issues related to market-based rate tariffs, EWG and QF certifications, and public utility holding company compliance. As part of this practice, Dan works with utility investors, including banks, insurance companies, and other institutional investors to structure their transactions and ownership structures to minimize regulatory compliance concerns.
As part of his federal regulatory practice, Dan regularly advises and counsels foreign diplomatic missions and officers on certain aspects of US law.
Dan’s pro bono practice includes representing veterans seeking a wide variety of veterans’ benefits, including Combat-Related Special Compensation and corrections to military records.
Awards and Affiliations
Member, Law Firm of the Year, Energy/Projects: Power (including Renewables), Chambers USA (2018)
Member, Practice Group of the Year, Energy, Law360 (2016)
Member, Energy Law Firm of the Year, US News & World Report/Best Lawyers (2015)
Ranked, Chambers USA: America's Leading Lawyers for Business (2015–2016)
Ranked, Industry Focus - Energy Regulatory - Conventional Power, The Legal 500 US (2013, 2017)
Rising Star, Energy and Natural Resources; Utilities, Washington, DC Super Lawyers (2014–2018)
Managing Editor, Journal of Law, Philosophy & Culture
Staff Editor, Catholic University Law Review
Recipient, Burton Award for Legal Achievement (2007)
Member, Energy Bar Association
Admissions
District of Columbia - Virginia
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US Court of Appeals for the District of Columbia Circuit
Education
- Catholic University of America, Columbus School of Law, 2007, J.D., Magna Cum Laude
- Pennsylvania State University, 2000, B.A., With High Distinction
Sectors
Services
Regions
Events
12/11/2019 - M&A Regulatory Developments at FERC
11/13/2019 - State and Federal Developments in Cybersecurity for Energy Companies
9/18/2019 - Power Plant Closures and Repowering Roundtable
8/6/2019 - Hydropower & the 21st Century Grid: Regulatory Developments for Hydropower
7/17/2019 - Shifting Sands for FERC Deals: What’s Changing for Transactional and Portfolio Matters
5/21/2019 - 2019 Technology May-rathon: Best Practices in Supply Chain Cybersecurity
5/16/2019 - Evening in Energy – Washington, DC
2/6/2019 - Legal and Regulatory Management of the Generating Company Portfolio
2/6/2019 - Managing the Generation Portfolio: Regulation of Electricity Investment
12/5/2018 - 2018 M&A Regulatory Developments at FERC
11/14/2018 - Legal Perspectives on NERC Cyber Security Supply Chain Risk Management Standard
10/31/2018 - Implications of NERC’s Proposed New Reliability Standard
10/10/2018 - Transmission Upgrades and Reconductoring Technologies Conference
8/1/2018 - Regulatory Challenges to Planning a More Resilient Transmission System
7/24/2018 - Nuclear Regulatory Roundup – 2nd Quarter 2018
6/21/2018 - Platts 2018 Transmission Planning and Development Conference
2/22/2018 - 2018 Energy Bar Association Western Chapter Annual Meeting
News
4/24/2018 - Improved Security Standards for Electric Grids, Infosecurity Magazine
1/30/2018 - A Rare Cyberthreat Sparks Rarer Candor, EnergyWire
12/14/2016 - Far-reaching Role in Grid Defense Awaits Perry, Energywire
10/27/2016 - Morgan Lewis Releases FERC Compliance: A Legal and Business Guide
Publications
12/11/2019 - FERC Guidance Aims to Foster Hydropower at Mines, Dams, Law360
11/26/2019 - FERC Announces New Initiatives to Bolster Cybersecurity Focus
10/9/2019 - FERC Issues New CIP Compliance Recommendations
10/2/2019 - FERC GC to Be Nominated as New Commissioner
9/26/2019 - FERC Proposes to Revise Qualifying Facility Rates and Requirements
9/3/2019 - FERC Finds That Hydro Investments Could Support Longer New License Terms
8/30/2019 - CEQ Issues Draft NEPA Guidance on Consideration of GHGs
8/27/2019 - FERC Imposes Extensive Relational Database Requirements on MBR Holders
8/1/2019 - FERC 'Single Entity' Ruling Increases Successor Liability Risk, Law360
7/23/2019 - FERC Simplifies MBR Screen Requirements in Multiple Markets
6/12/2019 - FERC Report Highlights Changing Resource Mix
6/12/2019 - NERC Suggests Expansion of Utility Supply Chain Controls
5/8/2019 - FERC Staff Provides Lessons Learned for Electric Utility Cybersecurity
2/26/2019 - FERC Simplifies Director/Officer Requirements
1/7/2019 - FERC Commissioner McIntyre Passes Away
1/2/2019 - GAO Reports Weaknesses in TSA Pipeline Security Program Management
12/7/2018 - Senate Confirms Bernard McNamee as FERC Commissioner
11/19/2018 - DHS Establishes Supply Chain Risk Management Task Force
11/16/2018 - FERC Releases 2018 Enforcement Report
11/2/2018 - FERC Adopts Standards to Reduce Supply Chain Cyber Risk
10/25/2018 - Commissioner Chatterjee Elevated to FERC Chairman
8/27/2018 - FERC Clarifies that Cogen Waiver, Steam Restoration Do Not Result in ‘New’ QF Status
8/15/2018 - Critical Generator Identification by FERC May Be in the Works
7/27/2018 - DC Circuit Rejects Continued Operation as ‘Environmental Baseline’
7/25/2018 - FERC Requires Expanded Cyber Incident Reporting for Electric Utilities
7/24/2018 - DHS: Hackers Gained Access to Electric Utility Operating Networks
7/20/2018 - FERC Rejects Some Changes to NERC Rules on Operator Certification
7/12/2018 - Federal Agencies Given Full Discretion Over Hiring, Retaining ALJs
7/11/2018 - PJM Interconnection Implements New Requirements for Generator Interest and Asset Sales
7/11/2018 - FERC Order on Subsidized Generation Could Remake PJM Capacity Market
7/5/2018 - Powelson to Step Down at FERC, Leaving an Evenly Split Commission
6/27/2018 - DC Circuit Affirms FERC Decision on MISO Cost Allocation
6/27/2018 - LawFlash: DC Circuit Affirms FERC Decision on MISO Cost Allocation
6/19/2018 - FERC Commissioners Explain Priorities, Respond to Trump DOE Directive
6/15/2018 - NRC, FERC Enter into MOU to Protect CEII
6/14/2018 - NRC, FERC Hold Joint Meeting on Grid Reliability and Cybersecurity
6/14/2018 - FERC, NRC Discuss Reliability and Cybersecurity
6/4/2018 - DOE May Be Considering Unusual Action to Support Nuclear Generation
6/1/2018 - FERC and DOJ Side with Illinois on ZECs
4/23/2018 - FERC Approves New Protections for Low Impact BES Cyber Systems
3/19/2018 - DHS/FBI Alert: Russian Hackers Are Targeting US Utility Networks
3/9/2018 - Data Exposure by Vendor Leads to $2.7 Million NERC Penalty for Utility
1/22/2018 - FERC Proposes to Adopt Electric Supply Chain Cybersecurity Standards
1/18/2018 - FERC Proposes to Approve Supply Chain Cyber Requirements
1/11/2018 - States Urge FERC to Reduce Public Utility Rates Following Tax Reform
1/10/2018 - FERC Declines DOE-Proposed Resiliency Compensation, Will Review Issue
1/2/2018 - FERC Aims to Broaden Cyber Incident Reporting Requirements
12/15/2017 - New Report Highlights Cyber Threat to US Electric Industry
11/20/2017 - FERC Issues 2017 Enforcement Report
10/5/2017 - FERC Cuts Regulatory Burden on Tax Equity Investments in Renewable Generation
10/5/2017 - NERC Proposes to Reduce Cybersecurity Risks in CIP Supply Chains
10/5/2017 - Regulatory Burden Eased for Tax Equity Investments in Renewables
10/5/2017 - NERC Proposes Rules Addressing CIP Supply Chains
9/29/2017 - US Energy Secretary Directs FERC to Issue Rules Supporting Nuclear, Coal Generation
9/7/2017 - FERC Chair Names New General Counsel
8/4/2017 - Senate Brings CFTC and FERC up to Quorum
6/12/2017 - NERC Issues Recommendations on Inverter-related Solar Outages
3/23/2017 - NERC Proposes New Protections for Low-Impact BES Cyber Systems
3/22/2017 - NERC Seeks FERC Approval of New Standards on Real-Time Data Exchange
1/3/2017 - FERC Proposes Reforms to Generator Interconnection Process
12/22/2016 - FERC Income Tax Changes Could Impact Entire Energy Sector, Law360
12/15/2016 - White House Releases Checklist to Improve Grid Resiliency
12/9/2016 - Inflation at FERC: Civil Penalties Adjusted Upward
12/8/2016 - A Peek Behind the Curtain of FERC’s Ongoing CIP Version 5 Audits
12/2/2016 - FERC’s New Rules to Protect CEII—Will They Make a Difference?
11/21/2016 - 2016 FERC Enforcement Report: Trends Continue, with More Court Fights
9/30/2016 - FERC Approves New Reliability Standard to Protect Grid from GMD Events
8/4/2016 - Navigating Regulatory Challenges to Utility Sector Growth, BNA's Daily Environment Report
7/29/2016 - FERC to NERC: Develop Cyber Control Supply Chain Risk Management Standard
7/29/2016 - FERC Seeks Comment on Modification to Control Center Cybersecurity Rules
7/27/2016 - Federal Court Grants Full Civil Trial to FERC Enforcement Target
7/20/2016 - DC Circuit Ruling Threatens to Topple FERC Tax Allowance Policy
7/6/2016 - Proposed Energy Grid Info Regs May Not Offer Expected Security, Law360
7/5/2016 - Proposed Energy Grid Info Regs May Not Offer Expected Security, Law360
6/23/2016 - FERC to Strengthen Protections for Infrastructure Information
6/21/2016 - FERC Grants Its Staff Access to Sensitive NERC Databases
5/24/2016 - FERC Finalizes Hold-Harmless Policy and Strikes the Most Problematic Proposals
5/11/2016 - NERC Continues to Overhaul Registration Rules
3/23/2016 - FERC Conference to Address Implications of Binding Transmission Development Bids
2/8/2016 - FAST Act Streamlines Complex NEPA Reviews for Energy Projects
12/4/2015 - Highway Bill Adds New Security Measures to Federal Power Act
1/30/2015 - FERC Proposes to Strengthen Hold-Harmless Policy for Electric Mergers
9/2/2014 - Federal Agencies Cannot Be Fined for Reliability Standard Violations
9/2/2014 - Federal Agencies Cannot Be Fined for Reliability Standard Violations
8/21/2014 - LawFlash: D.C. Circuit Rejects Challenges to FERC’s Order No. 1000
8/21/2014 - D.C. Circuit Rejects Challenges to FERC’s Order No. 1000
7/21/2014 - FERC Proposes to Approve NERC Physical Security Standard
6/20/2014 - FERC Proposes to Approve New Reliability Standard for Calculating ATC
6/20/2014 - FERC Approves Reliability Standard on Geomagnetic Disturbances
6/10/2014 - Understanding NERC’s New Physical Security Standard
6/10/2014 - Understanding NERC’s New Physical Security Standard
5/21/2014 - FERC Grants Rehearing on State Law Issues in Order No. 1000 Filings
3/26/2014 - FERC Adopts Revisions to Bulk Electric System Definition
3/11/2014 - FERC Directs Reliability Standards for Physical Security
12/3/2013 - FERC Approves Version 5 CIP Reliability Standards, Rejects Key Reforms
10/8/2013 - Cybersecurity Framework and Implementation Guidelines
8/13/2013 - FERC Extends Compliance Deadline for Version 4 CIP Reliability Standards
7/8/2013 - NERC Fines Generator for Violations Related to Lead Line Operations
4/23/2013 - FERC Proposes to Approve Overhaul of NERC Cybersecurity Standards
2/14/2013 - President Obama Signs Executive Order on Cybersecurity
9/21/2012 - FERC Forms New Office to Focus on Cybersecurity
3/16/2012 - FERC Grants NERC Enforcement Discretion over Low-Risk Violations
2/21/2012 - LawFlash: Cybersecurity Act of 2012 Introduced
2/21/2012 - Cybersecurity Act of 2012 Introduced
2/13/2012 - Strategies & Trends in Energy Infrastructure Cybersecurity Conference
12/21/2011 - Reliability Technical Conference
10/19/2011 - SEC Issues Guidance on the Disclosure of Cybersecurity Incidents and Costs
3/22/2011 - FERC Provides Guidance on Penalties for Reliability Violations Resulting in Load Loss
6/21/2010 - Shifting The Center Of Reliability Power, Law360
6/3/2010 - Preparing for Regional Entity Audits Webinar
July-August 2019 - FERC Simplifies Director/Officer Requirements, Energy Law Report