• vcard
  • Education
    • J.D., Boston College Law School, 2009, Certificate in Land Use & Environmental Law
    • B.A., magna cum laude, Boston College, 2006
Andrew Schulte guides energy industry clients through the complex and dynamic regulatory environments at the local, state, and federal levels. Andrew has significant experience with matters set for hearing before regulatory bodies, including preparing filings and testimony, negotiating multi-party settlements, managing discovery, presenting oral arguments, cross-examining expert witnesses, and drafting motions and briefs for presentation to regulatory decision-makers.

As former counsel to both the Kansas Corporation Commission and the Federal Energy Regulatory Commission, Andrew uses his understanding of the legal, procedural, and political issues at play in regulatory proceedings to help clients achieve their business goals. He also counsels clients on energy-related transactions, including the acquisition of energy assets and the negotiation of power purchase agreements. Andrew has conducted due diligence, drafted and reviewed contracts for the transfer of interests in electric generation projects, and obtained the necessary regulatory approvals for such transactions. 
  • Represented a private equity firm in its acquisition of a large portfolio of electric generation facilities. Conducted due diligence, negotiated provisions of the Purchase and Sale Agreement, and filed the required application for approval of the transaction by the Federal Energy Regulatory Commission (FERC) under section 203 of the Federal Power Act (FPA).
  • Drafted and filed applications for market-based rate authority at FERC on behalf of independent wind-powered electric generation facilities. The applications included market power analyses demonstrating a lack of horizontal and vertical market power in the relevant wholesale electric markets.
  • Drafted and filed notices of self-certification confirming the Exempt Wholesale Generator (EWG) status of independent wind-powered electric generation facilities, thereby ensuring exemptions from FERC’s access to the books and records of the EWGs’ upstream holding companies.   
  • Served as litigation counsel in a high-profile complaint case regarding the return on equity included in the transmission rates of the transmission-owning members of ISO New England. Prepared testimony, filed motions, cross-examined expert witnesses, and drafted briefs regarding FERC’s newly-revised “discounted cash flow” methodology for determining the appropriate return on equity for inclusion in transmission rates. 
  • Served as litigation counsel in a major natural gas pipeline rate case at FERC involving a $550 million annual cost of service. Successfully negotiated a multi-party settlement that provided significant savings for pipeline customers and resolved complex terms of service issues.
  • Drafted and filed a brief in support of a motion to dismiss a challenge to an annual formula rate update at FERC. The challenge sought to disallow certain costs included in the formula rate based on a theory of imprudence. The Presiding Administrative Law Judge granted the motion to dismiss, relying heavily on arguments made by the brief in support.
  • Served as counsel in the first litigated proceeding at the Kansas Corporation Commission addressing a new statute that permits predetermination of the ratemaking principles and treatment of costs for a proposed construction project. Successfully argued for a finding that the proposed $1.2 billion cost of the project was reasonable and prudent.  

eAlerts Updates
April 2019
text icon Publications & Presentations
The Future of Mandated Power Offtakes: PURPA at 40
Presenter; Solar Power International
September 11-12, 2017
text icon Publications & Presentations
Organization and Jurisdiction of the Federal Energy Regulatory Commission
CLE Presentation
April 18, 2017
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New AWEA Property Tax Analysis
Speaker; Webinar; American Wind Energy Association
March 29, 2017
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Property Tax Treatment of Commercial Wind Energy Projects
Co-Authors Alan Claus Anderson, J. Britton Gibson, David Streicker, Luke Hagedorn and Andrew Schulte in partnership with the American Wind Energy Association
March 29, 2017
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Energy and Environmental Policy Forecast and Trump’s First 100 Days
Presenter; Air & Waste Management Association
February 28, 2017
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Energy Policy Forecast and Implications of 2016 Election
Presenter; Kansas City Chamber of Commerce
December 6, 2016
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Renewable Energy Law: Wind and Solar
Faculty at Washburn University School of Law
(LW 985, 1 Credit)
Fall 2016