Craig Silverstein is an experienced energy regulatory, litigation and transactional attorney that happily gave up his role as an equity partner and practice group leader in a large law firm to found March Counsel LLC in April 2017. His experience spans 3 decades and has been forged through the implementation of open access, the Western energy markets crisis, regional transmission organization and independent system operator development, cost of service ratemaking litigation, development and auditing of reliability standards applicable to the electric sector, mergers and asset acquisitions and divestitures, and the development of new transmission infrastructure as well as traditional and renewable generation projects. He has advocated on behalf of clients in a myriad of dockets before the Federal Energy Regulatory Commission (FERC), the Department of Energy (DOE), state agencies, and in formal audits conducted by the North American Electric Reliability Corporation (NERC) and its regional entities.
Craig’s areas of expertise include electric power supply, electric generation and transmission rate design and service issues, rules related to participation in regional transmission organization and independent system operator directed markets, mergers, acquisitions and restructuring, hydroelectric licensing, and FERC and NERC policies and regulations. He has extensive experience representing public power entities, particularly electric cooperatives, municipal entities, governmental subdivisions and joint action agencies. He has also represented independent power producers and non-incumbent transmission developers.
Craig holds a Bachelor of Arts degree, cum laude, from the American University and a Juris Doctor degree from the University of Pittsburgh School of Law. He is licensed to practice in the District of Columbia and Maryland as well as several federal courts. He is a member of the Energy Bar Association, previously serving as the Chair of the Administrative Law Judges Committee, and the Electric Cooperative Bar Association. He regularly presents at energy industry focused conferences, including conferences sponsored by the ABA, EBA, LSI, EUCI, NRECA, APPA and other organizations. He has also actively represented pro bono publico clients through the D.C. Bar Justice and Advocacy Program.
Recent Representative Experience:
- Worked with a distribution cooperative to develop a 10 MW solar photovoltaic array, and is currently working with other clients to develop utility scale wind, solar and battery storage projects.
- Assisted several Western Interconnection entities with evaluation of and participation in energy imbalance markets.
- Represented several FERC-regulated generation and transmission electric cooperatives in substantive amendments to full requirements contracts, including rates, terms and conditions of service to their respective member distribution cooperatives.
- Successfully counseled two entities in efforts to deregister from the NERC Compliance Registry using the NERC-Led Review Panel process, the first successful use of this appellate process in the nation.
- Advocated positions in FERC’s grid resilience and various price formation and transparency rulemaking proceedings on behalf of a generation owning and load serving client.
- Represented clients in proceedings involving the ratemaking impacts of the Tax Cut and Jobs Act of 2017.
- Developed and provided continuing support to several clients’ internal compliance program in areas related to reliability standard compliance, standards of conduct and separation of function compliance, anti-manipulation and trading compliance and other Federal Power Act compliance.
- Negotiated power purchase agreements with a utility scale solar generation project and a RTO market participant seeking deliverable summer capacity.
- Represented clients in numerous NERC Critical Infrastructure Protection (CIP) and Order No. 693 on-site audits and spot checks, and in CIP-013 supply chain management standard implementation.
- Represented a client in the development and implementation of FERC Order No. 1000 local, regional, and interregional planning processes.
- Successfully defended challenges to a client’s market based rate authority based on claims of affiliate abuse.
- Counseled a client in the sale and associated regulatory approvals of its interests in a natural gas fired combined cycle generating facility.
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