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O’Melveny’s Hilliard Authors Corporate Counsel Article on Public Utility Transaction AuthorizationJuly 17, 2013 On July 17, 2013, Corporate Counsel published the latest in a series of columns by O’Melveny & Myers attorneys, focused on key legal matters specific to a variety of US industries. This edition, titled “Public Utility Transaction Authorization and FERC,” was authored by O’Melveny counsel Hugh Hilliard. The piece describes the requirement that transactions involving the transfer of assets of, or equity interests in, a public utility subject to the Federal Power Act receive authorization by the Federal Energy Regulatory Commission (FERC). Hilliard writes that “failing to obtain the required FERC authorization has the potential to lead to civil penalties or arguments that the transaction may be void.” He suggests that firms involved in public utility transactions “consider conducting a detailed review of whether FERC authorization is required.”
Hilliard is a member of O’Melveny’s Project Development and Real Estate Practice, and resides in the Firm’s Washington, DC office.