O’Melveny Worldwide

 

Andrew Young is an energy regulatory lawyer who counsels clients on issues related to the electric energy industry and matters involving and governed by the Federal Energy Regulatory Commission (FERC) and the Department of Energy (DOE). His practice includes the representation and regulatory support of investors, lenders, electric utilities, renewable developers, independent power producers, power marketers, qualifying facilities, holding companies, and commercial and industrial consumers.

Andrew develops strategy and solutions across the full spectrum of corporate and regulatory energy services, including mergers and acquisitions, tax equity investments, financings, spin-offs and restructurings, contract negotiation and drafting, the development and re-design of wholesale energy markets, transmission rates, incentives and policies, ancillary services, market-based and cost-based rates, settlement negotiations, administrative hearings, trial and appellate litigation, and advice on state and federal regulatory issues

He has significant experience related to the development of renewable energy projects, including solar, wind, geothermal, biomass, hydroelectric and battery storage and hydrogen fuel cell projects. He also has successfully represented hundreds of clients before FERC, DOE, state public utility commissions, and federal district and appellate courts.

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  • Represented a Korean investor in the acquisition of a portfolio of battery storage projects in New York and Texas totaling 50-MW
  • Represented a UK investor in the acquisition of an equity interest in two wind projects in Illinois totaling 405-MW 
  • Represented an independent power producer in the development of two battery storage projects in California and Texas totaling 111-MW
  • Represented a Michigan electric utility in litigation before FERC against a Wisconsin utility regarding formula rates for wholesale electric service and its return of equity
  • Represented two Michigan electric utilities in litigation before FERC against a Michigan generator regarding rates for reactive power service
  • Represented an insurance company in the acquisition of 49 percent interest in a wind portfolio and 33 percent interest in a solar portfolio, totaling 1.2 GW from Duke Energy Renewables for US $1.25 billion
  • Represented a tax equity investor in the financing of a 198-MW wind project in Oklahoma, a 180-MW wind project in Texas and a 130-MW wind project in Indiana
  • Represented an investor in the financing of a 72-MW wind project in Maine
  • Represented an investor in the acquisition of a passive, non-managing interest in 39 behind-the-meter fuel cell projects, totaling 37-MW from Duke Energy Fuel Cell
  • Represented a lender in the renegotiation and settlement of a sale-leaseback transaction with an electric utility involving an undivided interest in 2,100-MW coal-fired generating facility in Kansas
  • Represented an independent power producer in the restructuring of a power purchase agreement for a 155-MW wind project in Mexico that sells electricity to an affiliated electric utility in California
  • Represented a tax equity investor in the sale of its interests in a portfolio of wind projects located in New York, Texas and Oregon to another tax equity investor
  • Represented an electric utility in the negotiation of a power purchase agreement with an independent power producer for a 125-MW solar project in Michigan
  • Represented an electric utility in appeals of the FERC's orders regarding cost allocation of must-run generation to the US Court of Appeals for the Washington, DC Circuit and a Petition for Writ of Certiorari to the US Supreme Court
  • Represented an investor in the acquisition of a portfolio of solar projects in Alabama, Georgia, Maryland and Florida from an independent power producer
  • Represented a tax equity investor in the sale of its interest in a 180-MW wind project in North and South Dakota to another tax equity investor
  • Represented a renewable energy developer in the financing of four solar projects totaling 50-MW in South Carolina
  • Represented a lender in the financing for the acquisition of a portfolio of solar projects totaling 650-MW in California and Colorado
  • Represented an investor in the acquisition of 4.3-MW solar project in California
  • Represented tax equity investors in the sale of their interests in a 865-MW wind project in Oregon
  • Represented a lender in the construction loan financing of a 130-MW wind project in Texas
  • Represented an insurance company in the acquisition of 49 percent interest in ExGen Renewables Partners LLC, which owns a portfolio of wind and solar generating facilities
  • Represented a Dutch pension fund and an insurance company in the acquisition of 30 percent equity interest in a Pennsylvania electric utility
  • Represented a tax equity investor in the acquisition of passive interests in a 175-MW solar project in California, a 250-MW solar project in Nevada and a 200-MW wind project in Kansas
  • Represented a lender for the back-leverage financing of rooftop solar projects built by an independent power producer 
  • Represented a Mexican power marketer in successfully obtaining authorization from the US Department of Energy to export electricity from Electric Reliability Council of Texas to Mexico
  • Represented a lender in the financing of the first utility-scale, 5-MW solar project in the Cayman Islands
  • Represented a lender in the financing of a 21-MW solar project in Georgia
  • Represented an independent power producer in the negotiation of a power purchase agreement for a geothermal project on the island of Nevis
  • Represented an industrial customer in obtaining market-based rate authority for a thermal cogeneration project in Ohio
  • Represented a tax equity investor in the acquisition of passive interests in a 86-MW wind project in California, 199-MW wind project in Kansas, 249-MW wind project in Colorado, 150-MW solar project in California, 75-MW wind project in Nebraska, 299-MW wind project in Oklahoma and a 250-MW wind project in Texas
  • Represented a lender in the financing of a private equity investor's acquisition of a 125-MW gas-fired project in Michigan
  • Represented an industrial customer and a cogeneration owner in the negotiation of a power and steam sales agreement with a commercial greenhouse in Illinois
  • Represented a tax equity investor in the acquisition of a passive interest in a 225-MW wind project in Oklahoma
  • Represented an investment fund in FERC compliance related to their energy investments
  • Represented an independent power producer in the negotiation of energy hedge transactions for several wind projects in Texas
  • Represented lenders in the financing of a 156-MW wind project in Texas
  • Represented an independent power producer in the sale of 50 percent equity interest in ten geothermal projects in California totaling 318-MW, three natural gas-fired cogeneration projects in Arizona, Texas and New York totaling 531-MW, and a 10-MW hydroelectric project in Hawaii
  • Represented an investment fund in the acquisition of a 25-MW solar project in California
  • Represented an independent power producer in the acquisition of two utility-scale solar projects totaling 40-MW in California
  • Represented an industrial customer in the sale of a 64-MW biomass plant in Tacoma, Washington
  • Represented an independent power producer in a Bonneville Power Administration wholesale power and transmission rate proceeding
  • Represented an independent power producer in the development of an offshore wind project in Maryland
  • Represented an independent power producer related to a 150-MW wind project in Oklahoma
  • Represented a power marketer in an appeal of the FERC's orders regarding electric transmission rates before the US Court of Appeals for the Washington, DC Circuit
  • Represented an independent power producer in the acquisition of a 20-MW solar project in California
  • Represented an independent power producer related to a 1,000-MW multi-phase wind project in Oklahoma
  • Represented an independent power producer in a headwater benefits proceeding before the FERC, and associated state litigation involving two hydroelectric projects totaling 60-MW in New York
  • Represented an independent power producer in the acquisition of a 144-MW wind project in Wyoming 
  • Represented a California pension fund in the acquisition of an equity interest in a 550-MW natural gas-fired, combined cycle generating facility in New York
  • Represented a coalition of independent power producers in appeals before the US Court of Appeals for the Ninth Circuit regarding BPA's transmission rate decisions and FERC complaint under Section 211A of the Federal Power Act
  • Represented an independent power producer in the acquisition of two utility-scale solar projects totaling 21-MW in California
  • Represented an independent power producer in a sale-leaseback transaction of a 30-MW solar project in Colorado
  • Represented an independent power producer in the financing of seven hydroelectric projects totaling 83-MW in New York
  • Represented an independent power producer in the sale of a 300-MW wind project in Oklahoma
  • Represented an independent power producer in negotiation of options for flywheel energy storage project in Illinois
  • Represented an independent power producer in an appeal of the FERC's orders on transmission cost allocation to the US Court of Appeals for the Seventh Circuit
  • Represented an independent power producer with an interconnection agreement and transmission cost allocation issues involving Midcontinent ISO
  • Represented an independent power producer in the sale of five biomass projects totaling 186-MW in Maine and New York
  • Represented an independent power producer in the acquisition of a 520-MW natural gas-fired, combined-cycle project in Connecticut
  • Represented an independent power producer in the acquisition of two natural gas-fired projects totaling 530-MW in Maine and Rhode Island
  • Represented an independent power producer in obtaining market-based rates and exempt wholesale generator status from FERC with respect to a 30-MW wind project in Minnesota
  • Represented an electric utility in the US$7.6 billion acquisition of two electric utilities in Kentucky, Louisville Gas & Electric Co. and Kentucky Utilities Co.
  • Represented an independent power producer in the acquisition of hydroelectric projects totaling 37-MW in Maine and New Brunswick, Canada
  • Represented an electric utility in obtaining incentive rates for a new US$700 million 500-kV transmission line from Pennsylvania to New Jersey
  • Represented an independent power producer in the negotiation of a tolling agreement with PacifiCorp and the subsequent sale to PacifiCorp of a 520-MW natural gas-fired, combined-cycle project in Washington
  • Represented a tax equity investor with the acquisition of a passive interest in a 150-MW wind project in Texas and a 99-MW wind project in Illinois

Admissions

Bar Admissions

  • District of Columbia
  • Maryland

Court Admissions

  • Supreme Court of the United States
  • United States Court of Appeals, for the Seventh, Ninth and District of Columbia Circuits
  • United States District Court for the Western District of Michigan

Education

  • Harvard Law School, J.D.: cum laude
  • University of Virginia, B.A., M.A.

Honors & Awards

  • Recognized by Best Lawyers in America® for Energy Law in Washington, DC (2013-2019, 2022-2025) 
  • Named to The Legal 500 United States, Project Finance – Advice to Sponsor (2021) and Energy Regulation: Electric Power (2023)

Professional Activities

Member

  • Foundation for the Energy Law Journal (2006–2012)
    • President (2010–2011)
    • Vice President (2009–2010)
    • Treasurer (2008–2009)
    • Secretary (2007–2008)
    • Board of Directors (2006–2012)
  • Energy Bar Association (1996–2015)
  • Northwest & Intermountain Power Producers Coalition (2007–2015)

Speaker

  • "The Cost of Integrating Renewables: Perspectives from the United States," ElecGas Conference, Santiago, Chile (May 31, 2017)
  • "Public Utility Regulatory Policies Act of 1978," Duke Energy CLE Program (December 1, 2014)
  • "New Frontiers - Alternatives to Power Purchase Agreements," NIPPC Annual Meeting (September 15, 2014)
  • Moderator, Panel on Energy Storage and Transmission Ancillary Services, Infocast's 4th Annual Transmission Summit West, San Diego (Oct. 24, 2012)
  • "BPA and FERC: Untangling Transmission Reforms," NIPPC Annual Meeting (September 10, 2012)
  • "FERC Order No. 1000: Transmission Planning & Cost Allocation," Government of Alberta, Department of Energy, Transmission Facilities Cost Monitoring Committee (April 20, 2012)