James C.Beh (Jim)

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Jim Beh has over 30 years' experience representing electric utilities, natural gas distribution companies, merchant generators, 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 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

  • 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.
  • E.ON Climate & Renewables North America and two affiliated wind generation project companies successfully challenge costs charged to generators for network upgrades associated with new generation interconnectionJones Day represented E.ON Climate & Renewables North America LLC and affiliated wind generation project companies in a complaint proceeding brought at FERC against Northern Indiana Public Service Company (NIPSCO).
  • TECO Energy's utility subsidiaries, Peoples Gas System and Tampa Electric Company successfully challenge rate case brought by Florida Gas Transmission CompanyJones Day represented TECO Energy's utility subsidiaries, Peoples Gas System and Tampa Electric Company, in an NGA Section 4 rate case brought by Florida Gas Transmission Company, LLC (FGT) at FERC.
  • Northeast Transmission Development petitions FERC for approval of transmission formula rate and transmission rate incentivesJones Day represents Northeast Transmission Development LLC (NTD), an affiliate of LS Power, in a proceeding before the Federal Energy Regulatory Commission for approval of a transmission formula rate and transmission rate incentives for NTD's investment in the Artificial Island Project, a transmission project designed to improve system stability and reliability in the PJM region.
  • KeyBank provides $106.8 million financing for five wind-powered electric generating projects in OregonJones Day represented KeyBank National Association in connection with the $106.8 million back leveraged project financing for the acquisition, development, and construction of five wind-powered electric generating projects with a total generating capacity of 50 MW located in Baker County, Oregon and sponsored by D.E. Shaw Renewable Investments, L.L.C., a leading generator of wind and solar power in North America.
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    March 2018 Commentaries

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

    May 2017 External 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

    June 2014 Commentaries

    D.C. Circuit Curbs FERC Authority Over Key Electricity Conservation Programs: Demand Response Deemed Beyond Federal Control

    November 2012 Alerts

    The Federal Energy Regulatory Commission Raises the Bar for Applicants Seeking Incentive Rate Treatment for Electric Transmission Projects

    June 2012 Commentaries

    FERC Rejects Challenges to Landmark Rulemaking Order on New Electric Transmission Infrastructure

    October 2011 Alerts

    FERC Issues Order No. 755: Frequency Regulation Compensation in the Organized Wholesale Power Markets
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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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