Wilbur C Earley

Bud Earley is a non-lawyer member of Covington’s Energy practice with over 36 years of experience in the energy industry. Prior to joining Covington, Mr. Earley served for over 30 years in various staff positions at the Federal Energy Regulatory Commission (FERC). While at the FERC, Mr. Earley was instrumental in developing and applying policies regarding the transition of the electric utility industry to competition, including policies regarding independent power producers, transmission access, standard generator interconnection procedures, organized electricity markets, mergers and market-based rates. Working with Covington teams representing investment firms, utilities, independent power producers, project developers, customers, marketers and US and international energy companies, Mr. Earley provides analysis and advice on a wide range of federal and state energy regulatory issues, including transaction and rate issues, regional transmission organization (RTO) tariffs and rules, interconnection, retail choice and demand response for electricity customers, and licensing of natural gas pipelines and hydroelectric facilities. REPRESENTATIVE MATTERS The representative matters Mr. Earley has advised on include: For a major US utility, securing favorable rulings from FERC regarding rate incentives for major transmission projects, market-based rate authority for a generation project, and a declaratory order regarding an underwater transmission project. For a prominent Asian investment firm, securing FERC approval of a substantial investment in a US electric utility. For a US generation and transmission cooperative, obtaining a favorable ruling from FERC on a complaint against a transmission provider for violating its open access tariff, and securing an interconnection agreement for a new generator. For US investment firms, securing FERC approval of the sale of a generator to a US electric utility, and advising on the Federal Power Act implications of unwinding a series of investments in US transmission and hydroelectric facilities. For a US generating company, successfully advising on organized market tariffs and business practices in an enforcement investigation regarding alleged market manipulation through strategic bidding and other practices. For a prominent coalition of major electricity market stakeholders, providing ongoing analyses and other services regarding state and federal regulatory and policy matters related to electricity competition. PREVIOUS EXPERIENCE Allegheny Energy, Inc., Director of FERC and RTO External Affairs FERC, Director of Regional Market Coordination, Office of Markets, Tariffs and Rates FERC, Technical Advisor to Commissioner William Massey FERC, Director of Electricity Policy, Office of Economic Policy MEMBERSHIPS AND AFFILIATIONS Energy Bar Association PUBLICATIONS AND SPEECHES "FERC Reports on 2012 Enforcement Activities, Modifies Policy on Transmission Investment Incentives, and Addresses Transparency Requirements," Covington E-Alert (11/20/2012), Co-Author "FERC Approves Enhanced Wholesale Electricity Market for the Southwest Power Pool," Covington E-Alert (10/25/2012), Co-Author "FERC Requires More Sellers to Report Power Sales," Covington E-Alert (9/26/2012), Co-Author