Andrew O. Schulte

Andrew Schulte guides energy industry clients through the complex and dynamic regulatory environments at the local, state, and federal levels. As former counsel to both the Kansas Corporation Commission (“KCC”) and the Federal Energy Regulatory Commission (“FERC”), Andrew uses his understanding of the legal, procedural, and political issues at play in regulatory proceedings to help clients achieve their business goals. 

Andrew has represented electric cooperatives, municipalities, independent transmission companies, independent power producers, and private equity investors in connection with the development, financing, operation, and divestiture of a wide variety of electric assets.

Andrew has extensive experience with proceedings 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. For example, Andrew recently guided a transmission-owning public utility through the application and hearing process at the KCC to obtain regulatory approval for its sale to a foreign holding company.  

Andrew also excels in advising independent power producers and distributed generation providers on how to structure deals to avoid tripping regulatory jurisdiction, where appropriate.  For example, he has advised solar developers on the nuances of the definition of “public utility” in various states and made regulatory “opt-out” filings for independent power producers.

Moreover, Andrew counsels energy developers and investors on project development, local permitting, and mitigating the impact of opposition groups.

In addition to his regulatory background, Andrew has significant experience with energy-related transactions, including the purchase and sale of energy assets, interconnection agreements, and power purchase agreements. Andrew has conducted due diligence, drafted and reviewed contracts for the transfer of interests in electric assets, and obtained the necessary regulatory approvals for such transactions. 

• Represented transmission-owning public utility and its owners regarding the sale of the public utility to a foreign holding company. Successfully guided the clients through the application and hearing process at the KCC and obtained regulatory approval for the sale. 
• Represented Lessor at the end of a 28-year sale-leaseback agreement involving an undivided interest in a large, operating coal-fired generator. Guided the Lessor through significant regulatory obstacles and successfully negotiated a lease extension and transfer of the undivided interest back to the majority owner of the generator. 
• Served as special counsel to Chapter 7 Trustee for a bankruptcy estate involving oil and gas production assets. Successfully stabilized operating income, packaged the assets for bid, and sold the assets to a third-party investor.
• Represented developer on a 10.5 MW solar installation on a United States military base.  Guided the client through state public utility law and the Federal Enclave Doctrine to arrive at a fully financeable, large scale solar project.
• 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. 
• 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.