Ilia Levitine

Partner

  • Ilia Levitine
  • Phone: +1 202 776 5218

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  • Duane Morris LLP
    901 New York Avenue N.W., Suite 700 East
    Washington, DC 20001-4795
    USA

Ilia Levitine practices in the area of energy and resources and leads Duane Morris’ energy markets and regulation subgroup. For over 25 years, he has advised electric and gas utility companies, regional transmission organizations (RTOs), independent power producers, renewable energy resources and project developers on a wide range of issues involving the Federal Power Act (FPA), the Natural Gas Act (NGA), the Energy Policy Act of 2005 and many other federal and state energy statutes and regulations. As an experienced Federal Energy Regulatory Commission (FERC) practitioner, Mr. Levitine has successfully represented clients in numerous rate and complaint cases, evidentiary hearings, settlement conferences, rulemakings and certificate and hydrolicensing proceedings, including on review before the U.S. Court of Appeals for the District of Columbia Circuit. He also has been involved in enforcement investigations and state utility matters, including review of State public utility laws and regulations.

Mr. Levitine has an extensive knowledge of competitive electricity markets. He represents Midcontinent Independent System Operator, Inc. (MISO), one of the largest multi-state RTOs, in complex regulatory and judicial proceedings involving MISO's interstate transmission system and wholesale electricity markets. In addition, Mr. Levitine assists clients with various energy regulatory issues arising in other RTO and transmission provider regions. He is familiar with all major FERC initiatives, such as those involving organized electricity markets, transmission planning and cost allocation, open access transmission reform and generator interconnection procedures, and has represented clients in connection with many of these seminal rulemakings and in related proceedings. Throughout his career, Mr. Levitine has advised virtually every class of electric industry player, including renewable and hydro resources, on many contractual, energy markets, open access and other regulatory and transactional issues, such as market-based rate authority, FPA Section 203 and 204 applications, QF/EWG status, power purchase agreement (PPA) structuring and negotiation and generator interconnection agreements and procedures.

On the natural gas side, Mr. Levitine represented a well-known developer of liquefied natural gas (LNG) facilities in LNG terminal certification proceedings at FERC under Section 3 of the NGA. Mr. Levitine also represented clients in pipeline certification proceedings and provided assistance with various LNG certification and compliance issues arising under the Deepwater Port Act of 1974 and in connection with the Department of Energy's (DOE) LNG export/import permits. He is familiar with the Pipeline and Hazardous Materials Safety Administration's (PHMSA) regulations and obtained favorable jurisdictional determinations from PHMSA.

In addition to his U.S. practice, Mr. Levitine is active in international energy matters. He has advised national energy regulators, market and system operators and government-owned utilities in various countries, including Vietnam, the Republic of the Philippines and Indonesia, on issues ranging from energy markets reform to PPA restructuring and renegotiation.

Representative Matters

    Electricity and Power Markets

  • Acts as FERC counsel to MISO on a broad range of regulatory issues involving MISO's wholesale electricity markets and transmission system, generator interconnection agreements and procedures, FPA Section 205 filings, FERC complaints, transmission cost allocation, joint operating agreements (JOAs) with other RTOs, tariff rules and administration, accession and withdrawal of transmission owners and other issues. Mr. Levitine's current and recent engagements on behalf of MISO include:

    • representing MISO in multiple federal court and FERC proceedings involving challenges to state right-of-first-refusal (ROFR) laws for electric transmission projects;
    • representing MISO in connection with FERC’s approval of novel affected system study generation interconnection procedures with Southwest Power Pool, Inc.;
    • representing MISO in multiple proceedings involving proposed merchant high-voltage direct current (HVDC) transmission facilities;
    • representing MISO in a dispute with a neighboring RTO involving market-to-market charges;
    • successfully defended MISO in transmission cost allocation rate and complaint proceedings at FERC, and the U.S. Court of Appeals for the D.C. Circuit, involving baseline reliability and market efficiency transmission projects;
    • obtained a favorable settlement in FERC complaint proceedings involving tariff charges applicable to pseudo-tied generation and load in MISO's footprint;
    • obtained FERC approval for a comprehensive reform of MISO's generator interconnection procedures; represented MISO in multiple generator queue reform proceedings;
    • assisted MISO with developing, and obtaining FERC approval for, generator replacement procedures for aged or uneconomic generation facilities;
    • assisted MISO with developing, and obtaining FERC approval for, interconnection procedures for merchant high-voltage direct current (HVDC) transmission facilities;
    • obtained a favorable outcome in an evidentiary hearing proceeding under FPA Section 205 involving a filing rights and pricing zone dispute;
    • obtained a favorable settlement of a multi-year contract path capacity sharing and loop flow dispute with a neighboring RTO, including a related intra-MISO cost allocation dispute;
    • obtained a comprehensive settlement of extensive FERC and state and federal court proceedings initiated by a rural electric cooperative against MISO, which involved allegations of uncompensated transmission facilities use.
  • Assisted with representing a generating company in a Part 1b investigation at FERC.

  • Obtained FERC approvals under FPA Section 203, market-based rate approvals and prepared related FERC filings for foreign acquirers of U.S. public utilities; counseled on related contractual issues in asset and stock purchase agreements.

  • Advised a Canadian industrial conglomerate on various energy regulatory aspects of acquiring six hydro-generation projects from their bankrupt U.S. owner, including: review of contractual arrangements, preparation of hydro license transfer applications, EWG applications, market-based rate (MBR) tariff filings, and FERC compliance and state utility filings.

  • Drafted and negotiated FERC-jurisdictional PPAs and electric transmission and interconnection agreements for independent power producers located in California, Illinois and Maine; represented clients in QF certification and decertification proceedings before FERC and the D.C. Circuit; obtained QF waivers, MBRs and EWG status.

    • LNG and Natural Gas

  • Represented a railroad company in a pipeline certification proceeding under Section 7 of the Natural Gas Act (NGA).

  • Obtained a NGA Section 3 authorization for an LNG import terminal to be located in Salinas, Puerto Rico. The proceeding involved a precedent-setting vessel-based Floating Storage and Regasification Unit and included an extensive pre-filing process and NEPA review. Aguirre Offshore GasPort, LLC, 152 FERC ¶ 61,071 (2015).
  • Provided federal energy regulatory advice with respect to a $1.3 billion equity funding for proposed natural gas liquefaction and a LNG loading facility (Freeport LNG, Trains 2 and 3, transaction recognized by The American Lawyer's Global Legal Awards 2015).

  • Obtained a favorable jurisdictional determination from PHMSA involving a proposed LNG terminal.

  • Advised LNG developers and producers on Deepwater Port Act offshore LNG terminal certification and compliance issues.

  • Advised LNG developers on DOE's LNG export/import permit issues, both FTA and non-FTA.

    • Hydro

  • Assisted a bond insurer with due diligence regarding several hydro projects (FERC license issues).

  • Assisted clients with hydro license transfer applications.

  • Represented a coalition of municipalities and school districts in the Niagara and St. Lawrence hydro project relicensing proceedings.

    • International Energy

  • Provided pro bono assistance to a Zambian microgrid company with a review of public private partnership arrangements.

  • Developed a set of standard PPAs and dispute resolution and enforcement regulations for the Vietnamese Electricity Regulatory Authority in anticipation of the start-up of Vietnam’s competitive generation market.

  • Through a World Bank-funded project, counseled the Energy Regulatory Commission of the Republic of the Philippines with respect to a market manipulation investigation in the Philippine wholesale electricity market.

  • Advised Indonesia’s government-owned electric utility company in power contract restructuring negotiations with international power project developers involving 27 PPAs and EPCs, and fuel supply and joint operating contracts.

  • Represented a large Canadian hydro power producer in a commercial arbitration involving a PPA dispute with a group of New England electric utilities.

Areas of Practice

  • Energy Law
  • Public Utilities Law
  • International Law

Admissions

  • Washington, D.C.
  • New Jersey
  • U.S. Court of Appeals for the District of Columbia Circuit

Education

  • Princeton University, Woodrow Wilson School of Public and International Affairs, M.P.A., 1996
  • Washington and Lee University School of Law, J.D., 1995
  • Guilford College, B.S., high honors, 1992

Honors and Awards

  • Listed in The Best Lawyers in America, 2023 and 2024
  • Listed in Chambers Global, 2022-2025
  • Listed in Chambers USA: America's Leading Lawyers for Business, 2021-2024
  • Recipient, American Lawyer, "Global Finance Deal of the Year in Project Finance," Global Legal Awards, New York, 2015
  • 1996 Albert S. Pergam International Law Writing Competition Award, New York State Bar Association

No aspect of these rankings has been approved by the Supreme Court of New Jersey. Further information on methodologies is available via these links.

Experience

  • Duane Morris LLP
    - Partner, 2006-present
    - Associate, 2004-2005
  • CMS Cameron McKenna, Washington, D.C.
    - Associate, 2002-2003
  • McKenna Long & Aldridge, Washington, D.C.
    - Associate, 1998-2002
  • Travis & Gooch, Washington, D.C.
    - Associate, 1996-1998

Professional Activities

  • The Bar Association of the District of Columbia
  • Energy Bar Association

Selected Publications