Vincenzo Franco’ represents utilities, generation owners and developers, energy traders, private equity firms, financial institutions, and other investors on transactional, regulatory, and compliance matters involving the Federal Energy Regulatory Commission (FERC) and advises clients on the requirements of the Federal Power Act, the Public Utility Holding Company Act of 2005, and the Public Utility Regulatory Policies Act of 1978.  Vincenzo provides regulatory counsel on project development, M&A and financing transactions, participation in energy and capacity markets, and complex structured transactions, including renewable corporate power purchase agreements.  Vincenzo also assists clients in developing, maintaining, and auditing effective compliance programs and represents energy companies and individuals in investigations and enforcement actions involving alleged violations of FERC’s anti-manipulation rule, FERC’s duty of candor or RTO/ISO tariff requirements.

Between 2014 and 2019, Vincenzo served as Assistant General Counsel – Wholesale Trading Compliance and then Associate General Counsel at Exelon Corporation, where he led the compliance function for Constellation—the Exelon business unit responsible for wholesale and retail sales of power, gas, and energy products.  In that role, Vincenzo managed Constellation’s compliance program, developed policies and procedures, responded to regulatory inquiries, and reviewed proposed trading strategies. He also advised senior leadership on regulatory issues associated with structured transactions and offsite renewable solutions, and counseled on federal and state approvals and antitrust issues associated with M&A activities.  Vincenzo assisted Constellation with the establishment and setup of its UK energy trading subsidiary and managed compliance with registration and reporting requirements under the UK and European laws.

Vincenzo originally joined Van Ness Feldman in 2001 as an associate and was a partner at the firm between 2010 and 2014.

  • Experience
    • Provided counsel on regulatory approvals necessary for the creation of a joint venture involving a portfolio of 1,300 MW of renewable generation projects.
    • Advised solar development group on regulatory issues related to sales to customers under virtual net metering and community solar programs.
    • Assisted partnership between two electric utilities on the development of competitive electric transmission projects, including counseling on service agreements and transfer of transmission assets.
    • Advised a merchant transmission developer in obtaining a precedent-setting order from FERC regarding negotiated rate authority for the sale of transmission rights.
    • Assisted in the development and negotiations of Fuel Cost Policies for generation resources located in the PJM footprint.
    • Represented demand response provider in settling a FERC investigation concerning alleged violations of a Regional Transmission Organization’s market rules.
    • Assisted power marketers and independent power producers in FERC enforcement audits.
    • Prepared and submitted self-reports to FERC’s Office of Enforcement on behalf of various regulated entities.
    • Conducted internal audit of a power marketer’s trading program; advised power marketers on FERC compliance programs and procedures.
    • Conducted employee training on FERC compliance requirements, including FERC’s anti-manipulation rule and duty of candor.
    • Counseled a utility on the acquisition of more than 1,200 MW of generation over the course of six years and on the sale of transmission assets.
    • Counseled private equity funds on regulatory due diligence and approvals required for the acquisition of a 12,500 MW generation portfolio.
    • Advised private equity funds on the acquisition of landfill gas generation facilities located in New England and California.
    • Represented renewable generation developer as federal regulatory counsel on the development, construction, and operation of solar photovoltaic facilities in Arizona and Nevada.
    • Counseled global investment firm on secondary market acquisitions of tax-equity interests in wind-powered generation.
    • Advised several retail marketers on federal energy regulatory requirements.
    • Represented power marketer before FERC and the U.S. Court of Appeals for the Ninth Circuit in litigation resulting from the 2000-2001 Western Energy Crisis.
    • Represented owners of qualifying facilities before the U.S. Court of Appeals for the Second and Third Circuits in litigation regarding the ownership of renewable energy credits under PURPA contracts.
  • Professional Affiliations

    Energy Bar Association

    American Bar Association

  • Awards & Honors
  • Bar & Court Admissions
    District of Columbia Bar
    New York State Bar
    U.S. Court of Appeals for the Second Circuit
    U.S. Court of Appeals for the Third Circuit
    U.S. Court of Appeals for the Fifth Circuit
    U.S. Court of Appeals for the Ninth Circuit
    U.S. Court of Appeals for the District of Columbia Circuit
  • Government Service
  • News & Presentations
  • Thought Leadership

Areas of Focus

Education

University of Wisconsin Law School LL.M., 2001

Syracuse University M.A., 2000

University of Bologna LL.B.,summa cum laude,1996