John H. Clements

Of Counsel

John Clements joins Van Ness Feldman following twenty-seven years of service at the Federal Energy Regulatory Commission (FERC). His principal area of expertise is hydroelectric project regulation and associated matters under the Federal Power Act, National Environmental Policy Act, National Historic Preservation Act, Clean Water Act, and other relevant federal and state statutes.

Professional Background

At FERC, Mr. Clements served in various senior executive positions, including director of the hydroelectric program office, and as a senior attorney. As the hydroelectric office director, Mr. Clements managed all aspects of FERC’s hydroelectric program; licensing, project compliance and administration, and public and dam safety, and advised the members of the Commission regarding policy issues.

As a senior FERC attorney from 1997-2006, Mr Clements drafted orders and rules for hydroelectric licensing cases, represented the Commission in traditional, alternative, and integrated licensing processes, advised parties to settlement discussions, acted as an information resource for licensees, government agencies, non-governmental organizations, and Indian tribes, and presented at numerous industry conferences. Of particular note, he drafted Order No. 2002 and the accompanying regulations, which established the Integrated Licensing Process, the licensing process now primarily used by FERC.

Mr. Clements’ expertise also extends to FERC’s electricity and natural gas pipeline programs. As advisor to three FERC Chairmen, he provided legal and policy advice on wholesale electric utility rates and corporate regulation under the Federal Power Act, regulation of qualifying facilities under the Public Utility Regulatory Policies Act, and natural gas pipeline certificates under the Natural Gas Act. He has also advised the Commission in matters concerning implementation of Order No. 888, and served as a trial attorney in electric rate and pipeline certificate cases.

Government Service

Federal Energy Regulatory Commission:

• Senior Attorney, Energy Projects, 1997-2006
• Director, Office of Hydropower Licensing, 1996-1997
• Director, Division of Project Review Office of Hydropower Licensing, 1994-1996
• Deputy Director Office of Hydropower Licensing, 1990-1994
• Legal and Policy Advisor to Chairman Martin Allday, 1989-1990
• Legal and Policy Advisor Chair Martha Hesse, 1989
• Legal and Policy Advisor to Chairman Anthony Sousa, 1986-1988
• Trial and Advisory Attorney
  • Electric Rates, 1982-1986
  • Natural Gas Pipeline Certificates, 1980-1982

Professional and Civic Affiliations

• Energy Bar Association

Publications

"A Primer on Making Amendments to Federal Energy Regulatory Commission Licenses," XXV Hydro Review 8 (2007).

Speaking Engagements

• American Public Power Association Legal Seminar, October 17, 2007, Hydroelectric Licensing Developments

News

• VNF Bolsters Leading Hydropower Practice With Addition of Senior FERC Official