Daniel R. Simon

Daniel R. Simon focuses on a wide range of energy regulatory issues, primarily involving the Federal Energy Regulatory Commission and state utility commissions. In the electricity sector, Mr. Simon represents regional transmission organizations (RTOs) and independent system operators (ISOs), vertically integrated electric utilities, independent power producers (including qualifying facilities), renewable energy project developers (particularly biomass and solar projects), hydroelectric project licensees, and large commercial and industrial electricity consumers. In the crude oil and products sector, he represents producers, refiners, and traders, primarily as pipeline shippers. 

Oil Pipeline Shippers

Mr. Simon advises producers, refiners, and traders on oil pipeline shipping and storage issues, including raising disputes with pipelines, and drafting/amending agreements with pipelines and producers to coordinate transactional activity with pipeline rules.

Electricity Utilities and ISOs/RTOs

Mr. Simon regulatory represents RTOs, ISOs, and investor-owned electric utilities in developing and complying with market rules and FERC regulatory requirements. He has represented clients during non-public FERC enforcement investigations and public enforcement proceedings, including managing complex discovery processes. Mr. Simon advises clients on obtaining FERC approval for jurisdictional transactions and mergers. He also helps clients create and implement internal FERC compliance programs and addressing issues involving North American Electric Reliability Corporation (NERC) reliability standards.

Renewable Energy, Industrial Customers, and Demand Response

Mr. Simon regulatory represents multiple segments of the renewable energy sector, including project developers, owner/operators, and lending institutions. He advises clients on state Renewable Portfolio Standard requirements, interconnection, integration in ISO/RTO markets, and PURPA-related compliance issues for qualifying facilities (QFs) and net metering. He also assists large energy consumers in participating in demand response and net metering programs, operating behind-the-meter generating projects, and service disputes with host utilities.

Prior Experience

Before joining the firm, Mr. Simon served as a trial attorney in FERC's Office of Administrative Litigation. At FERC, his work focused on litigating and settling numerous regulatory disputes covering a broad range of ratemaking and market-manipulation allegations involving wholesale electricity markets, including several disputes involving the Western United States electricity crisis of 2000-2001. Mr. Simon successfully litigated a case against Enron Power Marketing, Inc., in which FERC found Enron to have violated its market-based rate tariff and ordered it to disgorge $32.5 million. He also negotiated and drafted settlements with several other market participants regarding alleged tariff and market rule violations.

Judicial Clerkships

Hon. Jackson L. Kiser, U.S. District Court for the Western District of Virginia

Recognition & Accomplishments

Recipient, Ballard Spahr's 2011 Alan J. Davis Award for pro bono, given to a member of the firm who demonstrates exemplary legal representation in a matter involving the public good, for his work as part of the Ballard Spahr Asylum Initiative

Publications

Co-author, "Military Renewables Plan: A Bioenergy Booster," Biomass Power & Thermal, May 22, 2012

Co-author, "Traps for Unwary Project Sponsors – The LCAPP Saga," Electric Light & Power, January/February 2012

Co-author, "Opportunities and Challenges in the 1,500 MW Maryland RFP," Ballard Spahr Energy and Project Finance alert, November 11, 2011

"Today’s Legal Regime for Biomass ‘Qualifying Facilities’ Under PURPA," Biomass Power & Thermal magazine, October 2011

"California PUC Seeks Comments on RPS Rules Critical for Out-of-State Renewable Energy Projects," Ballard Spahr alert, July 18, 2011

Co-author, "Forest-Waste Program Worth Saving," AZCentral.com (The Arizona Republic online), June 20, 2011

"U.S. House Votes To Defund Biomass Energy Program; Fate Rests with Senate," Ballard Spahr alert, June 16, 2011

Co-author, "BCAP Relaunch Should Bring New Biomass Producers into the Supply Chain," Biomass Power & Thermal magazine, February 2011

"BCAP Application Forms Now Available but Implementation Questions Remain," Ballard Spahr alert, December 17, 2010

"USDA Establishes New Program to Subsidize Select Biomass Materials for Energy," Ballard Spahr alert, November 8, 2010

"Demand Response Providers May Be Subject to New Regulations in Maryland," Ballard Spahr alert, August 26, 2010

Recent Speaking Engagements

"Renewable Energy Financing Through American Recovery and Reinvestment Act Incentives," Sixth Annual North Carolina Sustainable Energy Conference, North Carolina State University, April 2009

"Impact of Stimulus Funding on Renewable Energy Developers and Investors," E&ETV interview, February 2009

Board Memberships

Biomass Power Association (BPA)

University of North Carolina School of Law (J.D. 1999, with honors)
Note Editor, North Carolina Law Review

Duke University (A.B. 1993, cum laude, with honors in political science)

District of Columbia

North Carolina