Ilia Levitine

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 transmission cost allocation proceedings at FERC and the U.S. Court of Appeals for the D.C. Circuit involving various categories of regional and interregional transmission projects;
  • representing MISO on review before the U.S. Court of Appeals for the D.C. Circuit involving changes to the MISO Tariff to implement transmission owner self-funding and associated pro forma facilities service agreements;
  • representing MISO in FERC complaint proceedings involving tariff charges applicable to pseudo-tied generation and load in MISO's footprint;
  • representing MISO in negotiations with another RTO and certain non-RTO utilities with respect to a transmission capacity sharing and coordination agreement;
  • representing MISO in multiple FERC proceedings involving improvements to MISO’s generator interconnection procedures;
  • successfully defended MISO in a FERC complaint proceeding involving inclusion of a transmission project in MISO’s Transmission Expansion Plan;
  • represented MISO in multiple generator queue reform proceedings; obtained FERC approval for a comprehensive reform of MISO's generator interconnection procedures;
  • 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;
  • represented MISO in several FERC proceedings involving a multi-year contract path capacity sharing and loop flow dispute with a neighboring RTO, including a related intra-MISO cost allocation dispute;
  • represented MISO in complaint and settlement proceedings involving the justness and reasonableness of MISO's through-and-out transmission charges arising out of the integration of the Entergy Operating Companies and certain other electric utilities into MISO;
  • obtained a favorable FERC order on remand regarding the application of Multi-Value Project charges to exports of energy from MISO to PJM;
  • represented MISO in several complaint proceedings challenging compensation for MISO's System Support Resource (SSR) units;
  • settled a market-to-market charges resettlement dispute under the MISO-PJM JOA;
  • settled a complaint proceeding involving emergency compensation for a "behind-the-meter" generating unit;
  • 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;
  • represented MISO in complaint proceedings involving proposed criteria for MISO's Grandfathered Agreements.

• Representing a generating company in a Part 1b investigation at FERC.

• Assisted clients with matters involving other RTOs, such as: SPP's footprint expansion to include the WAPA-Basin Integrated Transmission System; assistance to a virtual trader with reviewing PJM's balancing operating reserve market rules; representation of NSTAR in FERC proceedings involving the restructuring and functioning of ISO-NE's Forward Capacity Market.

• 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.

• Represented the District of Columbia Public Service Commission (DCPSC) before the DOE and FERC in proceedings to obtain emergency relief orders requiring Mirant Corporation to resume power production at its Alexandria, VA power plant.

• 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.

• Represented a California solar power producer in emergency relief proceedings at FERC, advised on energy regulatory aspects in a breach of contract action brought in a State court by the client against a major utility under a PURPA power purchase agreement.

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, 2022-2024
• 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

• Co-author, "FERC Eliminates Reactive Power Exemption for Wind Generation," Duane Morris Alert, June 23, 2016
• Co-author, "FERC Green-lights Puerto Rico Offshore LNG Import Terminal; Project's Ocean-Going Regasification Unit Is First of Its Kind Before the FERC," Duane Morris Alert, July 28, 2015
• Co-author, "HVDC Transmission: A Path to the Future?," The Electricity Journal, May 2010
• Co-author, "The Mobile-Sierra Doctrine, Part Deux," Public Utilities Fortnightly, March 2007
• Co-author, "Life Along the Potomac: What Federal Regulators Should Do to Ensure Security, Reliability, and Cleaner Air in Our Nation's Capital," Public Utilities Fortnightly, September 2006
• Author, "The Main Principles of Electric Reliability Regulation in the U.S.," Energorynok, January 2006
• Co-author, "Long-Term Power Purchase Agreements in a Restructured Electricity Industry," Wake Forest Law Review, 2005.
• Author, "Russia launches a competitive electricity market," Oil, Gas & Energy Law Intelligence, December 2003
• Author, "In the aftermath of the Russian electricity law: establishing the new regulatory and contractual framework for competitive power markets," Oil, Gas & Energy Law Intelligence, July 2003