Michael E. Kaufmann focuses his practice on energy regulatory and compliance matters. His practice encompasses federal and state administrative and regulatory law, litigation, enforcement, appeals, policy, and infrastructure and project development in the energy sector. He is a constant advocate for gas and electric utility and merchant clients, as well as industrial end-users.
Michael represents a diverse range of clients in the energy industry, including independent power producers, power marketers, cooperatives, municipal utilities, and industrial energy consumers. He handles regulatory and enforcement proceedings before the Federal Energy Regulatory Commission (FERC) and regulatory proceedings before various state commissions. His work includes negotiating wholesale and retail power supply agreements and counseling developers of new energy facilities across the United States.
In the area of project infrastructure and finance, Michael provides regulatory advice to project sponsors and financial institutions involved in the financing and development of critical energy infrastructure. This includes merchant and utility power plants, natural gas pipelines, transmission projects, renewable power projects, hydroelectric facilities, and liquefied natural gas projects.
Michael’s experience extends beyond private practice. He has served as in-house counsel for energy companies, including as Director of Regulatory Affairs at NRG Energy and as Senior Counsel at Constellation Energy Resources. In these roles, he managed regulatory affairs at FERC, advised on wholesale gas regulatory issues, and counseled business units on legal, regulatory, and compliance matters at federal and state levels.
Additionally, Michael has wide-ranging government experience. He worked at the Federal Energy Regulatory Commission as an Attorney-Advisor in the Office of General Counsel, Energy Markets Section, and as a federal appellate attorney in the Office of the Solicitor. In these positions, he advised on issues related to competitive wholesale electric energy markets, transmission of electric energy in interstate commerce, and electric system reliability.
Concentrations
• Energy regulatory
• Regulatory compliance
• Regulatory litigation
Experience
Representative Matters
• Advised lead arrangers in financing for the $755.3 million gas-fired combined cycle 785-megawatt turbine in Connecticut that has become one of the largest suppliers to date for New England’s multistate electric grid coordinator.°
• Advised institutional investors and commercial bank lenders in the $685 million financing of the development, construction and operation of a 500MW Natural Gas-Fired Generating Facility in California.°
• Advised international lenders/investors in $700 million financing of new energy project in Pennsylvania, which will deliver 1050 MW natural gas/ethane electric power.°
• Advised business units, coordinated with outside counsel, and participated in regulated interstate pipeline rate proceedings, as well as generic wholesale gas regulatory proceedings and rulemakings at FERC affecting NRG/Direct Energy’s businesses and operations.°
• Oversaw FERC regulatory compliance regarding secondary/released transportation and/or storage capacity transactions.°
• Counseled the wholesale and retail business units of a Fortune 125 competitive energy company regarding legal, regulatory, and compliance issues at the federal and state levels.°
• Conducted first-chair litigation and advocacy before federal and state regulatory agencies.°
• Advised large industrial end-users regarding innovative power supply arrangements and various other aspects of site selection throughout the United States.°
°The above representations were handled by Mr. Kaufmann prior to his joining Greenberg Traurig, LLP.
Government Experience
• Federal Energy Regulatory Commission
o Attorney Advisor, Office of the General Counsel, Energy Markets Section, 2009-2015
o Federal Appellate Attorney, Office of the General Counsel, Office of the Solicitor, 2006-2007
• Assistant District Attorney, New York County District Attorney’s Office, 1985-1988
In-House Experience
• Director, Regulatory Affairs, NRG Energy, 2021-2023
• Senior Federal Regulation Manager, Direct Energy, 2018-2021
• Senior Counsel, Constellation Energy Resources, LLC, 2007-2008
Recognition & Leadership
Professional & Community Involvement
• Member, Energy Bar Association, 1989-Present
