Howard H. Shafferman

Howard H. Shafferman concentrates on energy regulatory and transactional matters, often involving regional transmission organizations and independent system operators. He advises and represents clients on all aspects of federal and state regulation of electric, hydroelectric, and gas facilities and services.

Howard was Chief of Staff and Counselor of the Federal Energy Regulatory Commission (FERC) from February 1990 to January 1993. In this capacity, he participated in the development of all major electric, gas, and hydroelectric orders and rulemakings, and served as senior legal and policy adviser in the office of Chairman Martin L. Allday. He was also a member of the Energy Consultative Mechanism under the U.S.-Canada Free Trade Agreement.

Howard has represented a number of cutting-edge entities participating in the energy industry and its restructuring. Matters he has handled include: initial rate and other filings, including those involving independent system operators, regional transmission organizations, traditional utilities, independent power producers, power marketers, and cooperatives; development of transmission planning processes; advice regarding governing provisions of wholesale electricity markets; strategic positioning and preparation of comments in connection with major FERC rulemakings; tariff changes (both as filing utility and as intervenor) for both regulated and market-based rates and filings; obtaining energy export and import approvals, and presidential permits, from the U.S. Department of Energy and FERC; obtaining Exempt Wholesale Generator determinations and Qualifying Facility certifications (and related waivers) from FERC; and filings for and contests over wholesale power purchase agreements, interconnection agreements, and requests for transmission. He has represented a hydroelectric licensee (an electric cooperative) in negotiating a settlement with federal and state agencies of contentious fish habitat issues, which cleared the way for licensing.

Howard also conducts litigation before FERC and the U.S. Courts of Appeals.

Howard's regulatory practice supports Ballard Spahr's active project finance and mergers and acquisitions activity, including assessment of issues involving renewable energy facilities, qualifying facilities, and regulatory approvals. He provides regulatory assistance in relation to financings by public power entities, investor-owned utilities, and other types of entities. He has obtained approvals under the Federal Power Act for asset transfers, the issuance of securities, and interlocking directorates.

Howard also assists clients with issues arising under government contracts and grants.

Prior to his service at FERC, from 1987 to 1990, Howard was Deputy and Acting Solicitor of the U.S. Department of the Interior. In these roles, he represented and advised the Secretary and other senior officials on the full range of energy, natural resource, and environmental issues, including onshore and offshore oil, gas, and minerals; public lands; Indian resources; water; surface mining; and endangered species.

Prior to his retirement as a partner, Howard served as Co-Practice Leader of the firm’s Energy and Project Finance Group, and as a member of Ballard Spahr’s Elected Board.

Pro Bono Experience

Howard provides pro bono legal assistance to the International Justice Mission's office in Nairobi, Kenya. He also provides representation to an inmate in connection with the Clemency Project 2014.

Professional Activities

Charitable Foundation of the Energy Bar Association, former Director and Secretary

North American Energy Standards Board, Advisory Committee

Energy Bar Association, former member of Board of Directors and Chair of Power Generation and Marketing Committee

Recognition & Accomplishments

Chambers USA, energy: electricity (regulatory and litigation), national ranking, 2013-2016

The Best Lawyers in America, energy law, 2016-2020

AV Peer Review Rating, Martindale-Hubbell

Recipient, "Groundbreaking Lawyers of 2009" designation, Public Utilities Fortnightly, November 2009

Publications

"Three Disciplines for Serving Energy Clients," Energy Law Client Strategies: Leading Lawyers on Litigation, Negotiations, and Industry Regulations, Boston, Aspatore Books, 2007

Speaking Engagements

"Energy Tomorrow: Policy Responses to Energy Innovation," Princeton University Energy Association, March 28, 2015

"Microgrids: What, Why, and How? Enhancing Energy Efficiency, Utilizing Clean and Secure Energy, and Generating Revenue," Ballard Spahr seminar co-sponsored by the Association of Independent Colleges and Universities of Pennsylvania, the Hospital & Healthsystem Association of Pennsylvania, and the Health Resources Network, Philadelphia, November 10, 2014

Moderator, "Gas-Electric Coordination: What's Next?" Annual Meeting, Energy Bar Association, April 2014

Interviewed by AOL Energy on electric markets, October 31, 2011

"Integration of Renewables by RTOs/ISOs and Individual Utilities," Renewable Energy Technology Conference, September 21, 2011

"Transmission Line Upgrading and Cost Allocation," Solar Power Generation USA, Las Vegas, January 26, 2011

"FERC: A Year in Review," Eighth Annual University of Texas Gas and Power Institute, September 10, 2009

"Federal Energy Update: 'Getting' Where We Need to Go?" Sixth Annual University of Texas Gas and Power Institute, September 2007

Community Activities

FOCUS, Chair, Board of Trustees

Former Senior Warden of The Falls Church

University of Virginia School of Law (J.D. 1978)

Princeton University (A.B. 1975)

Languages

German

District of Columbia