Robert S Fleishman

Robert Fleishman represents and advises a range of clients on regulatory, enforcement, compliance, commercial, legislative, and public policy matters and activities. He has proven leadership and accomplishments on significant legislation, transactions, litigation, enforcement and compliance matters, and settlements in the energy industry. In addition, Mr. Fleishman is a trained arbitrator and mediator and a member of the CPR Institute's Energy, Oil, and Gas Panel of Distinguished Neutrals. REPRESENTATIVE MATTERS Represented KKR and Texas Pacific Group in obtaining FERC and NRC approvals in connection with the purchase of TXU Corp., a $45 billion transaction. Represented Energy Transfer Partners in investigations by FERC and CFTC regarding market manipulation and ETP and Oasis Pipeline at FERC in the show cause litigation and settlement proceedings. Represented China Investment Corporation in successfully obtaining orders from FERC and the NY PSC in connection with its $1.6 billion investment in AES Corp. Represents a range of energy companies and traders in FERC and CFTC non-public enforcement investigations. Advises and trains numerous energy companies and others on FERC, CFTC, and Dodd-Frank compliance matters. Represented seven major energy trade associations in preparing a White Paper on FERC enforcement matters, presenting it to FERC, and paving the way for significant reforms to FERC's enforcement and compliance program. Represents COMPETE, a coalition of major electricity market participants, including Exelon, Constellation Energy, First Energy PPL, Energy Future Holdings, Public Service Enterprise Group, TXU energy, Direct Energy, Sempra Energy, and Wal-Mart, on legislative, regulatory, and public policy matters. As a mediator, successfully resolved a series of disputes between Pacific Gas & Electric Company and the City of San Francisco. Advised a major appliance manufacturer in a DOE and EPA enforcement and compliance action with respect to the Energy Star Program and energy efficiency. More Representative Matters PREVIOUS EXPERIENCE Constellation Energy Group (CEG), formerly Baltimore Gas & Electric Company (BGE), Vice President of Legislative and Regulatory Policy; Vice President of Corporate Affairs and General Counsel (1985-2002). In that role, Mr. Fleishman led the company's efforts to develop and coordinate legislative and regulatory policy at the federal, state and local levels. He also: successfully led the effort to obtain all necessary federal regulatory approvals for Constellation Energy Group to transfer approximately $2.5 billion in electric generation assets to an unregulated subsidiary; led the policy development, consensus building, and lobbying efforts to pass comprehensive electric restructuring legislation in the Maryland General Assembly; managed the successful effort to pass holding company legislation in the Maryland General Assembly and obtain all necessary regulatory approvals; saved natural gas customers over $1 billion by engineering a major victory at FERC through agency filings, litigation, and Congressional activities concerning Columbia Gas Transmission Corporation's transition restructuring costs; successfully overturned approximately 40 FERC orders and saved consumers approximately $140 million by orchestrating a court victory in BGE v. FERC in the U.S. Court of Appeals for the D.C. Circuit; supervised Constellation and BGE's compliance with FERC and state affiliate standards and codes of conduct and a request for proposal process for purchased power; served as Chairman of the American Gas Association’s FERC Regulatory Committee; directed BGE's compliance and planning efforts in restructuring of the gas industry under FERC Order 636; served as a member of the Official Customer Committee in Columbia's Bankruptcy Court proceedings and Co-Chair of the Committee's Litigation Committee; successfully negotiated with interstate pipelines, utilities, local distribution companies, state commissions, consumer advocates, and end-users in numerous FERC natural gas cases; and litigated approximately a dozen cases before FERC and the Maryland Public Service Commission on natural gas and electricity matters. In the dispute resolution field from 1997-2003, Mr. Fleishman: developed an extensive, systematic, and cost effective ADR Program at CEG and BGE, with the assistance of JAMS/Endispute; held leadership roles in three ADR organizations: Chairman of the ADR Committee of the Energy Bar Association; Chairman of the Business Initiative for the Maryland Mediation & Conflict Resolution Office (MACRO) under the auspices of Maryland Chief Judge Robert Bell; and President of the Community Mediation Program in Baltimore, MD; and successfully led the process for an extensive benchmarking study on the use of ADR in the Maryland business community, jointly published by MACRO and the Maryland Chamber of Commerce. Federal Energy Regulatory Commission (FERC), including in the Enforcement Division (1979-1985) HONORS AND RANKINGS Best Lawyers in America for Energy Law (2007-2013). Chambers USA for Energy: Oil & Gas (Regulatory & Litigation) (2010-2013). Recognized by the Legal 500 US for Energy (2008-2010; 2012). Washington DC Super Lawyers for Energy & Natural Resources (2011-2012). Center for the Advancement of Energy Markets Service Award (2005) PRO BONO Grassroots Crisis Intervention Center in Howard County, MD, Former President Community Mediation Program in Baltimore, MD, Former President MEMBERSHIPS AND AFFILIATIONS Energy Law Journal, the preeminent journal in the field of energy law, with approximately 3,000 subscribers in the United States and 14 foreign countries, Editor-in-Chief Energy Bar Association - Compliance and Enforcement Committee, Former Chairman (2010-2012) Energy Bar Association (formerly the Federal Energy Bar Association), a national organization of over 2,500 lawyers and energy professionals, President (1999-2000) Energy Bar Association - ADR Committee, Former Chairman (2005-2006) Center for the Advancement of Energy Markets, an energy industry think tank, Project Director and Co-Chairman of the Energy ADR Forum that released a major report titled "Using ADR to Resolve Energy Industry Disputes: The Better Way" (2006) PUBLICATIONS AND SPEECHES Mr. Fleishman is a frequent speaker before the Energy Bar Association, the American Bar Association, trade associations, and industry and professional conferences and seminars on energy, enforcement and compliance, government affairs, and dispute resolution matters. "FERC Approves Enhanced Wholesale Electricity Market for the Southwest Power Pool," Covington E-Alert (10/25/2012), Co-Author "Federal District Court Vacates and Remands CFTC Position Limits Rule," Covington E-Alert (10/2/2012), Co-Author "FERC Requires More Sellers to Report Power Sales," Covington E-Alert (9/26/2012), Co-Author