Whitney Gallagher represents a variety of clients with respect to federal energy regulatory matters, including renewable and conventional generation developers, independent power producers, power marketers, investor-owned utilities, private equity funds, and institutional investors.  Whitney provides strategic counsel on matters involving the Federal Energy Regulatory Commission and various federal statutes, including the Federal Power Act, the Public Utilities Holding Company Act of 2005, and the Public Utilities Regulatory Policies Act of 1978. 

Whitney helps clients obtain various regulatory approvals, including exempt wholesale generator and qualifying facility status determinations, as well as market-based rate authority.  Whitney also provides regulatory counsel on mergers, acquisitions, sales and energy project financing.  Whitney advises clients on contractual agreements for the purchase and sale of electric energy and related products, complex generator interconnection issues, transmission service matters, and participation in organized capacity and wholesale energy markets operated by regional transmission organizations.  Whitney also has experience representing clients in compliance audits and investigations before the Federal Energy Regulatory Commission.

  • Experience
    • Represented foreign sovereign wealth fund investing in numerous energy assets in the United States.
    • Represented local distribution company in internal investigation and self-report of potential violations of FERC capacity release rules to FERC Enforcement Staff.
    • Represented energy wholesaler defending market manipulation allegations.
    • Represented electricity retailer in review of potential noncompliance with FERC regulations and assessment of internal compliance materials.
    • Represented seven trade associations preparing a white paper on FERC's expanded enforcement authority.
    • Prepared several memoranda, outlines, and presentations on FERC enforcement and best practices and policies for compliance.
    • Represented provider of mining solutions in $1 billion acquisition of mining and drilling equipment manufacturer and subsequent $375 million sale of drilling products business.
    • Represented well-known producer and distributor of bananas defending claims brought under the Alien Tort Claims Act and Anti-Terrorism Act.
    • Represented well-known producer and distributor of bananas in lawsuit concerning insurers' liability for defense costs incurred in underlying litigation.
    • Represented event monitoring and wireless access solutions provider in connection with numerous Securities and Exchange Commission ("SEC") filings.
  • Professional Affiliations
  • Awards & Honors
    "Best Lawyers in America" by Best Lawyers
    Energy Law, 2021

    "Ones to Watch" by Best Lawyers

    2021

  • Bar & Court Admissions
    District of Columbia Bar
  • Government Service
  • News & Presentations
  • Thought Leadership

Areas of Focus

Education

University of Southern California Law School J.D., Order of the Coif, 2007

Georgetown University B.A., Cum Laude, 2001