James C.Beh (Jim)

Partner

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Jim Beh has over 30 years' experience representing electric utilities, renewable energy developers and other independent generators, natural gas distribution companies, and other entities in litigation and compliance matters before the Federal Energy Regulatory Commission (FERC).

He has litigated precedent-setting proceedings regarding competitive wholesale market design, including cases concerning the interconnection and integration of renewable resources, market price formation, resource adequacy, and capacity market design in California, New England, New York, and PJM.

Jim counsels utilities and competitive transmission developers undertaking new transmission investments and has obtained FERC approval for formula transmission service rates and rate incentives to support critical transmission investments. He has handled significant cases concerning cost responsibility for transmission system upgrades associated with new generation investment.

In connection with FERC's expanding enforcement initiatives, Jim successfully defended a large diversified energy company against a complaint brought by a group of state agencies alleging that the company had engaged in market manipulation. He also counsels clients on regulatory compliance matters and compliance audits.

With regard to mergers and acquisitions, Jim represents electric utilities, power generators, and other clients in connection with regulatory approvals for mergers, the sale and purchase of generation assets, and other FERC-jurisdictional transactions.

Clients and peer reviewers describe Jim as "very thorough and extremely attentive" (Chambers 2018); praise the clear, precise guidance he provides and report that "he does a very good job managing a matter and working with a client's position" (2015); and say that he is "thoughtful and has a pragmatic approach, coming up with solutions conducive to a positive outcome" (2018). In litigation matters, clients recount his "very good trial skills" (2016).

Experience

  • Montauk Renewables completes IPO and dual listing in United States and South AfricaJones Day represented Montauk Renewables, Inc. in connection with its domestic initial public offering of Common Stock with a U.S. primary listing (Nasdaq: MNTK) and South African secondary listing (JSE: MKR).
  • FirstEnergy subsidiary sold interest in New Jersey hydroelectric facility to Yards Creek Energy LLCJones Day advised Jersey Central Power & Light Company, a regulated utility and subsidiary of FirstEnergy Corp., a diversified energy holding company, on the sale of its 50% undivided interest in the Yards Creek Pumped Storage Hydroelectric Facility (the "Yards Creek Facility") to Yards Creek Energy LLC ("LS Power"), a subsidiary of LS Power Development, LLC.
  • GenOn seeks agency approval to continue power plant operationsJones Day is representing GenOn Holdings, Inc. in securing necessary approvals from California state agencies to continue operating its power generating plant at Ormond Beach, California in order to address electric system resource adequacy shortages identified by the California Public Utilities Commission.
  • Investors in Pacific Gas & Electric participate in regulatory proceedings related to catastrophic wildfire-related costsJones Day represented institutional utility company shareholders who own a substantial portion of the outstanding common equity of Pacific Gas & Electric Corporation in a series of regulatory proceedings before the California Public Utilities Commission that address the catastrophic wildfire-related costs that have led to PG&E's bankruptcy and the credit downgrades for other California investor-owned utilities.
  • Pennsylvania Electric Company completes $300 million private placement of Senior NotesJones Day represented Pennsylvania Electric Company, an electric distribution utility subsidiary of FirstEnergy Corp., a diversified energy holding company, in its private placement of $300 million of Senior Notes.
  • FirstEnergy Transmission completes $500 million private placement of Senior NotesJones Day represented FirstEnergy Transmission, LLC, a holding company of electric transmission subsidiaries of FirstEnergy Corp., a diversified energy holding company, in connection with its private placement of $500 million of Senior Notes.
  • FirstEnergy subsidiary completes $400 million private placement of Senior NotesJones Day represented Jersey Central Power & Light Company, an electric transmission and distribution subsidiary of FirstEnergy Corp., a diversified energy holding company, in connection with its private placement of $400 million of Senior Notes.
  • FirstEnergy subsidiary completes $500 million private placement of Senior NotesJones Day represented Metropolitan Edison Company, an electric distribution utility subsidiary of FirstEnergy Corp., a diversified energy holding company, in connection with its private placement of $500 million of Senior Notes.
  • FirstEnergy subsidiary completes $300 million private placement of Senior NotesJones Day represented The Cleveland Electric Illuminating Company, an electric distribution utility subsidiary of FirstEnergy Corp., a diversified energy holding company, in connection with its private placement of $300 million of Senior Notes.
  • FirstEnergy subsidiary completes $450 million private placement of Senior NotesJones Day represented Mid-Atlantic Interstate Transmission, LLC, a transmission-only subsidiary of FirstEnergy Corp., a diversified energy holding company, in connection with its private placement of $450 million of Senior Notes.
  • FirstEnergy raises $1.616 billion in private placement of Convertible Preferred StockJones Day represented FirstEnergy Corp., a diversified energy holding company, in connection with its issuance of $1.616 billion of Series A Convertible Preferred Stock in a private placement to affiliates of Elliott Management Corporation, Bluescape, and GIC.
  • FirstEnergy raises $850 million in private placement of Common StockJones Day represented FirstEnergy Corp., a diversified energy holding company, in connection with its issuance of $850 million of Common Stock in a private placement to funds affiliated with Zimmer Partners, LP.
  • Shenzhen Energy Group acquires PV solar generation facilities from Recurrent Energy for $232 millionJones Day advised Shenzhen Energy Group Co., Ltd. on its $232 million acquisition of a portfolio of PV solar generation facilities in California from Recurrent Energy, a wholly owned U.S. subsidiary of Canadian Solar.
  • FirstEnergy completes $3 billion Senior Notes OfferingJones Day represented FirstEnergy Corp., a diversified energy holding company, in connection with its underwritten public offering of $3 billion of Senior Notes consisting of $500 million aggregate principal amount of 2.85% Notes, Series A, due 2022; $1.5 billion aggregate principal amount of 3.90% Notes, Series B, due 2027; and $1 billion aggregate principal amount of 4.85% Notes, Series C, due 2047.
  • Utility company creates form agreementJones Day created a form of asset management agreement for a large gas utility.
  • Dominion Resources submits comments in FERC proceeding concerning proposed revisions to PJM’s regional capacity marketJones Day represented Dominion Resources Services, Inc., one of the country’s largest utilities, in a FERC proceeding concerning PJM's proposal for implementation of Capacity Performance Product ("CPP") in the PJM regional capacity market.
  • Large, vertically-integrated electric utility negotiates long-term natural gas transportation service agreementJones Day is assisting a large, vertically-integrated electric utility in negotiation of a precedent agreement for long-term natural gas negotiated rate transportation service with an interstate natural gas pipeline company.
  • The Southern Company acquires PowerSecure International, Inc. for $425 millionJones Day advised The Southern Company in its $425 million acquisition of PowerSecure International, Inc. (NYSE: POWR), a premier provider of distributed generation, energy efficiency, and utility infrastructure solutions.
  • Alterna Core Capital Assets Fund II acquires stake in Selkirk Cogen PartnersJones Day represented Alterna Core Capital Assets Fund II, L.P. in connection with its acquisition of a 41.3% stake in Selkirk Cogen Partners L.P., the owner of a 432MW natural gas-fired combined-cycle cogeneration facility located near Albany, NY, from a subsidiary of investment funds managed by Ares EIF Management, LLC.
  • Southwestern Public Service Company secures FERC approval of updated transmission loss factorsJones Day assisted Southwestern Public Service Company, an Xcel Energy Inc. operating company, in securing Federal Energy Regulatory Commission approval of revision to the company's open access transmission tariff in order to update the transmission loss factors used in calculating transmission and distribution real power losses.
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    November 2020 Alerts

    FERC Enforcement Report Reflects Slowest Year—Uptick Likely In 2021

    August 2020 Commentaries

    Industry Participants Weigh in on FERC Proposal to Limit Availability of Tariff Waivers

    JUNE 2020 Commentaries

    FERC Revises Return on Equity Methodology for Electric Utilities, Yet Again

    December 2019 Commentaries

    FERC Opens a New Phase in Fights Over Utility Returns on Equity

    March 2018 Commentaries

    FERC Announces Initiatives Regarding Income Tax Cost Recovery for Pipelines and Utilities

    May 2017 Jones Day Publications

    DC Circ. Raises Bar For Utility Rate Complaints, Law 360

    April 2017 Commentaries

    D.C. Circuit Tells FERC to Try Again on Utility Rates of Return

    February 2017 Commentaries

    FERC, Facing Rare Loss of Quorum, Delegates Additional Authority to Its Staff, but Uncertainties Remain

    December 2016 Commentaries

    Court's Concern About Recovery Windfall Triggers FERC Inquiry

    June 2014 Commentaries

    FERC Acts to Ensure that Utility Cost-Based Rates Include an Adequate Return on Equity
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    Speaking Engagements

    • September 13, 2012
      Executive Roundtable Series - Energy and Infrastructure:
      How Market Forces, Innovation, and Public Policy Are Shaping the Future
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