Skip to Main Content
Services Talent Knowledge
Site Search


Barclay Damon's Energy Markets Team advocates for fair and competitive electricity markets in various forums where energy policies and market rules are developed and impact electricity reliability and consumer costs.


The energy industry continually transforms in response to political, economic, and technological events. Over the last 20 years, due to increased competition and restructuring, the industry developed to allow market forces to wield a greater influence on consumer prices and services. These developments neither eliminated nor simplified regulation, and as the retail energy markets continue to evolve, market participants need further in-depth knowledge of complex federal, state, and local laws and regulations and a thorough understanding of the evolving policies, procedures, and requirements of the applicable federal and state regulatory bodies.

Barclay Damon’s Energy Markets Team advocates for fair and competitive electricity markets in various forums where energy policies and market rules are developed and impact electricity reliability and consumer costs. We regularly counsel our retail-industry clients on compliance with federal and state law and regulations as well as operational and financial matters, and we interact with senior management to assist in the formulation of innovative legal, regulatory, and business strategies.

Our experience includes:

  • Participating actively in proceedings before the NYS Public Service Commission (PSC) relating to retail-market restructuring and establishing state regulations applicable to competitive suppliers, energy brokers, and aggregators as well as related terms and conditions of service.
  • Obtaining state regulatory approvals from and making compliance filings with the PSC required for energy-service companies to operate in New York State.
  • Counseling competitive retail suppliers, energy brokers, and aggregators on applicable federal and state law and regulations, including employment and labor laws.
  • Providing strategic advice and counseling on the resolution of consumer complaints and regulatory-compliance issues.
  • Managing government and agency relations, utilizing our retail industry knowledge and relationships with key officials.
  • Handling litigation, dispute resolution, and appeals, whether challenging the legality of state energy policies or actions or defending against regulatory-enforcement actions and third-party lawsuits.
Representative Experience
  • Representing the New York Power Authority with respect to the siting and construction of a rebuild of an 86-mile-long transmission line that traverses 15 municipalities. Barclay Damon attorneys prepared and finalized the Article VII Application, assisted the NYPA with supplementing filings to achieve a “complete” application, handled the discovery phase, and led months of settlement conferences. The settlement negotiations culminated in a joint proposal for settlement support by all of the active parties and state agencies. A CECPN was issued by the PSC without the need for an evidentiary hearing. We then assisted the NYPA in the preparation of the Environmental Management and Construction Plans (EM&CP) for the project, which were also approved by the PSC. Construction is currently ongoing for this project. We continue to support the NYPA with compliance issues during construction.

Featured Media


US Supreme Court Shrinks Federal Authority Under the Clean Water Act


Supreme Court Strikes Down Taxing Authorities' Right to Retain Surplus Monies in "Strict Foreclosures"


Appellate Division, Third Department, Denies Appeal and Upholds Office of Renewable Energy Siting Regulations


NYS Public Service Commission Formally Initiates Proceeding to Establish What Constitutes "Zero Emission" Under the CLCPA


NYS Appellate Court Dismisses Common Law Claims Against Contractor for Injuries Sustained by "Special Employee"


Child Victim Act Complaint Dismissed for Failure to Sufficiently Allege Special Duty

This site uses cookies to give you the best experience possible on our site and in some cases direct advertisements to you based upon your use of our site.

By clicking [I agree], you are agreeing to our use of cookies. For information on what cookies we use and how to manage our use of cookies, please visit our Privacy Statement.

I AgreeOpt-Out