Amy Koch

Rimon Global Alliance*

Practice Groups and Client Sectors:

Corporate

Areas of Focus:

Renewable Energy and Cleantech, Energy and Project Finance
Amy Koch

Education

George Washington University

J.D.

University of Michigan

B.A., Economics

Bars & Courts

  • U.S. Court of Appeals - District of Columbia Circuit
  • U.S. Court of Appeals - Ninth Circuit
  • U.S. Court of Appeals - Tenth Circuit

Professional Experience

Amy Koch has over 35 years advising renewable resource developers, large wholesale and retail electricity consumers, electric cooperatives, investors, and lenders on (i) electricity market design issues, (ii) regulatory issues related to the development and operation of power plants, transmission and interconnection facilities, (iii) transmission, interconnection, power sales (wholesale and retail) and fuel supply agreements, (iv) energy regulatory issues affecting utility industry transactions (over $22 billion of closed transactions), (v) hydroelectric licensing, and (vi) federal contracting opportunities for renewable and clean energy.

Ms. Koch has also has advised foreign governments and/or foreign electric utilities (India, Georgia, Nigeria, Mexico, and Russia) on privatization and restructuring options for generating plants and on electricity market regulation.

Ms. Koch was a partner in the law firms of Cameron McKenna LLP, a London-based law firm, where she served as one of the senior leaders to a team of twenty lawyers and consultants implementing the original California electricity market redesign.  She was also a partner at Patton Boggs LLP, where she was the leader of the energy group.  Prior to starting her own law firm, Amy was a partner at Reed Smith, where she was the team leader for energy regulation.

Representative Matters

  • Advising large wholesale customer of a large utility on FERC rate-making issues involving formula rates, accounting issues, and FERC settlement policies.
  • Advising the owner of several hydroelectric facilities on FERC authority and enforcement matters.
  • Acting as lead counsel to one of the largest municipal utilities in the U.S. on the restructuring of two 125 MW power purchase agreements with an independent power producer (IPP).  The IPP used the payment stream provided under a new PPA to finance a $360+ million debt refinancing of its company.
  • Representing numerous independent power producers before FERC on Federal Power Act Section 205 (market-based rate), EWG and QF issues.
  • Acting as co-counsel to a client in a FERC investigation regarding ISO-New England’s demand-side management program. 
  • Advising a mid-Atlantic grocery chain on solar and cogeneration opportunities to build electric resiliency in its stores and warehouses in light of Hurricane Sandy and on potential funding opportunities.
  • Advising a potential power sales bidder on Western Area Power Administration contracting arrangements with U.S. Naval facilities in California and on CAISO transmission charges.
  • Advising a natural gas marketing start-up company on FERC blanket authorization limitations and market power issues under the Natural Gas Act and Natural Gas Policy Act. 
  • Advising industrial companies and independent power producers in the Northeast and Midwest on the establishment and use of jointly owned "inside-the-fence" transmission and distribution facilities and their regulation by FERC.
  • Advising a transmission customer in the Northeast on FERC open-access electric transmission tariff issues, including OASIS reservations, roll-over rights and queue issues, and reimbursement for the construction of radial lines.
  • Advising wind energy developers on potential interconnection arrangements and on Texas Public Utilities Commission regulation for a project located within ERCOT.
  • Acting as special U.S. counsel to a foreign law firm in its representation of a major investment fund during the due diligence of the acquisition of a one-third interest in an international renewable energy company owning generating assets in the U.S. Also advised on power purchase, REC, interconnection and transmission agreements, environmental permitting risks and federal and state utility regulation risks.
  • Acting as special counsel to a large asset management company that acquired, in an Australian privatization, a specialist infrastructure operator owning, among other assets, U.S. electric transmission assets and a significant investment in a U.S. natural gas pipeline company, on federal energy and other regulatory issues.
  • Acting as special counsel to a large paper company and its upstream owner, a large investment fund, on FERC issues (FPA 203 and 205, PUHCA and hydro licensing compliance matters) for the acquisition of a paper company that owned a small traditional electric utility. 
  • Acting as special counsel to the lender and lender trustee on energy regulatory and power sales contracting issues, including the jurisdiction of the federal bankruptcy courts, in a debt restructuring for the owner of two hydroelectric projects in the U.S.
  • Advising the borrower on FERC issues related to a debt refinancing secured by a FERC-licensed 600 MW pumped storage project.
  • Representing a propane company regulated as an oil pipeline under the Interstate Commerce Act before FERC.
  • Representing the purchaser in the acquisition and bridge loan financing of two generating companies owning 71 hydroelectric projects and one cogeneration facility on deal structure issues to address and minimize federal and state energy regulation. Advised on energy regulatory requirements, interconnection arrangements, water issues, and power and ancillary service sales arrangements. Represented the purchaser before FERC in the FPA Section 203, FPA Section 205 market-based rate, FPA license transfer and EWG proceedings.
  • Advising the purchaser (a joint venture of two Canadian companies) of the creditors’ interests in a 600 MW pumped storage project on deal structure issues to minimize federal energy regulation. Also advised on water sharing arrangements, interconnection arrangements, ISO New England, Inc. communications arrangements, and interim operating arrangements prior to closing on the sale of the creditors’ interests in this facility. Represented the purchaser before FERC in the FPA Section 203, FPA Section 205 market-based rate, FPA license transfer and EWG proceedings.
  • Representing the administrative agent for a group of lenders on structuring a holding company arrangement to minimize the risk of federal energy regulation of the lenders in a sale in lieu of foreclosure on 600 MWs of generation located in Connecticut. Represented the holding company and project company before FERC in the FPA Section 203 proceeding (M&A) and FPA Section 205 proceeding (market-based rates), and EWG (PUHCA) proceeding.
  • Assisted the administrative agent to 19 lenders on structuring a holding company arrangement to minimize the risk of federal energy regulation of the lenders in a sale in lieu of foreclosure of a holding company owning indirectly 2,400 (operable) MWs of generation located in Massachusetts. A new upstream holding company was constructed with an independent manager and passive membership interests, to allow the equity investors to avoid FERC regulation of subsequent transfers of their interests to enhance the liquidity of their equity and debt positions. The deal structure also used independent asset managers for the project companies to allow FERC to deem the new upstream holding company itself as a “passive entity.” Represented the upstream holding company before FERC in the contested FPA Section 203 proceeding, and subsequently, the intermediate holding company and project companies in FPA Section 205 market-based rate and EWG proceedings, RMR contract proceedings, and an interconnection dispute with NSTAR before FERC and the U.S. Court of Appeals for the D.C. Circuit.
  • Acting as one of the leaders of a team advising the CAISO and Power Exchange in the initial preparation of their FERC tariffs, contracts and manuals for their initial start-up of operations in March 1998.

Publications

  • "FERC Revises Interstate Natural Gas Pipeline Nomination Timelines," Reed Smith Client Alerts, 21 April 2015; Co-Authors: Michael A. Yuffee, Todd L. Brecher
  • "FERC Protects a QF’s PURPA Right to Sell Net Output," Reed Smith Client Alerts, 30 January 2015; Co-Authors: Michael A. Yuffee, Todd L. Brecher
  • "Getting to the Nitty-Gritty: Wholesale Distribution Rate Treatment for Energy Storage," Reed Smith Client Alerts, 10 December 2014; Co-Authors: Donald G. Ousterhout, Brendan M. McNallen
  • "The Clean Power Plan: State Implementation Plans Building Block 2 – The Re-dispatch Option," Reed Smith Client Alerts, 23 July 2014; Co-Author: Lawrence A. Demase
  • "Rethinking State Regulatory Issues - Renewable Energy for Military Installations: 2014 Industry Review," American Council on Renewable Energy (ACORE), February 2014
  • "Cybersecurity Standards in the Utility Industry: Mandatory or Voluntary?," Global Regulatory Enforcement Law Blog, 29 May 2013; Co-Author: Paul Bond
  • "The US Army may provide opportunities for a struggling renewable energy sector," Financier Worldwide Global Reference Guide: Energy & Utilities 2012, March 2012; Co-Author: Lorraine Mullings Campos
  • "A Feed-In Tariff Confronts the US Supremacy Clause," Financier Magazine Online, October 2010
  • "Energy: Utility Investment Approval Guidelines," Counsel to Counsel, July/ August 2009 Co-Author: Douglas W. Everette
  • "Energy Regulation of Electric Utility Transactions - The Best Practices of Lead Energy Lawyers," C-Level Business Intelligence Series, Aspatore Books, 2007

Representative Speaking Engagements

  • Reed Smith Cybersecurity in Critical Infrastructure Industries Teleseminar, 25 June 2013
  • "Regulation, Development and Financing of Grid-Scale Energy Storage Systems," Energy, Utility & Environmental Conference (EUEC 2013), 29 January 2013
  • Infocast Webinar: Renewable Energy Development at Department of Defense (DOD) Facilities (Co-Instructor), 20 March 2012
  • "Renewable Energy Project Development: How Generators Are Regulated by FERC," Pennsylvania Bar Institute, Power Law 2011, 13 October 2011
  • "Feed-In Tariffs and PURPA," Northeast Energy and Commerce Association, 17 November 2010

Professional Admissions / Qualifications

  • District of Columbia

Professional Affiliations

  • Energy Bar Association

Honors & Awards

  • Martindale Hubbell rating – AV Preeminent
  • Washington DC Super Lawyers - Energy & Resources 2014 and 2015

* Rimon Global Alliance

The Rimon Global Alliance consists of highly skilled attorneys and other professionals whom our partners may call upon as independent contractors to our firm for their expertise, capabilities or economy in the service of our clients. They are not employees, partners, or associated in the firm. Biographies of Rimon Global Alliance professionals are presented here solely for the convenience of our clients.