Jack N. Semrani

Jack N. Semrani is an associate in the Business and Finance Department and a member of the Energy and Project Finance Group. Mr. Semrani represents and advises various entities in energy regulatory proceedings, regulations, and transactions. In addition, Mr. Semrani represents and advises clients regarding foreign investment approval proceedings before the Committee on Foreign Investment in the United States (CFIUS).

Mr. Semrani represents natural gas market participants and trade associations in FERC proceedings regarding transportation rate cases, rulemaking, enforcement, and other matters and negotiates related settlements. He also provides training to market participants concerning natural gas trading practices and FERC compliance matters and advises clients on the structure of FERC compliance programs.

Mr. Semrani represents RTOs/ISOs and other electric utilities in regulatory compliance, tariff amendments, litigation, enforcement, rulemaking, and other FERC-related proceedings, including proceedings pertaining to the design, operation, and regulation of RTO/ISO transmission and power markets. He also advises and assists regulated companies with developing regulatory compliance programs and with various compliance-related issues.

He drafts and analyzes gas purchase contracts for clients, performs due diligence on energy facility finance and purchase transactions, and advises clients on the regulatory requirements associated with various structures of plant and power transactions and on the impact of carbon regulation on power plants. He also advises clients regarding the planning, incentives, policy implications, and feasibility of transmission projects.

He represents various parties in oil pipeline tariff proceedings and advises clients on FERC jurisdiction over oil pipelines. He also represents and advises clients with regard to energy markets and Dodd-Frank and CFTC regulation and compliance.

Mr. Semrani represents merger and acquisition clients in Exon-Florio proceedings before CFIUS for approval of foreign investments in energy infrastructure, sensitive technologies, defense manufacturing, and other national security sensitive transactions.

He advises clients on antidumping and countervailing duties proceedings and has written and published a number of works pertaining to this matter.

Representative Matters

Energy Regulatory Proceedings

• Served as lead counsel and second chair representing natural gas end users in FERC transportation rate cases 
• Successfully represented grid operator in FERC proceeding regarding transmission rights 
• Successfully represented client in FERC proceeding regarding mitigation of locational energy bids
• Successfully represented trade associations in obtaining order from FERC to enforce pipeline outage crediting policies
• Successfully represented trade groups in convincing FERC to ease requirements on membership organizations for achieving standing 
• Successfully represented client in obtaining conduit exemption for hydroelectric facility 
• Represented co-generator in Qualifying Facility proceeding 
• Represented independent power producer in market based rate application proceeding  

International – CFIUS

• Successfully represented merger and acquisition clients before the Committee on Foreign Investment in the United States (CFIUS) in proceedings for approval of foreign investment and drafted related applications 
• Advised clients on CFIUS proceedings for foreign investments in energy infrastructure, sensitive technologies, and defense-related manufacturing 
• Successfully represented aerospace company in Exon-Florio review before CFIUS; provided advice and counsel on U.S. national security regulatory approvals for acquisitions
• Successfully represented security and cyber-security technology company in Exon-Florio review before CFIUS; advised and counseled on national security issues

International – Anti-Dumping

• Advised clients on antidumping and countervailing duties on solar cells from China; published a number of works and moderated a webinar regarding this matter

Energy Transactions

• Advised power producer on gas purchase contract 
• Performed due diligence on purchase and finance of power plants, including environmental, safety, and real property issues 
• Advised client regarding planning, incentives, policy implications, and feasibility of transmission projects, including FERC incentive rates, regional transmission planning, transmission congestion studies, and national interest electric transmission corridors 
• Advised clients on regulatory requirements and other regulatory implications associated with transactional structures, including power purchase agreements and facility lease and purchase 
• Advised clients in evaluating impact of carbon regulation on power plant and carbon cost pass-through under the regulations of a number of states 
• Drafted and analyzed grid operator tariff provisions related to interconnection agreement 
• Advised client on interconnection agreement and procedures, interconnection upgrade and queue 
• Advised client on transmission agreement termination and rollover rights 
• Advised power project purchaser on first refusal rights

Energy Regulatory Compliance

• Advised utility on FERC standards of conduct (transmission and marketing functions, employees, and information), FERC enforcement/penalties, and other FERC related matters 
• Advised clients on structuring and managing FERC-compliance programs 
• Conducted training on FERC rules and related compliance 
• Developed regulatory compliance programs based on tariff, regulations, standards of conduct, and other obligations 
• Represented utility in proceedings related to compliance with FERC orders

Energy Enforcement/Litigation

• Successfully represented trade groups in appellate proceeding before the D.C. Circuit regarding transmission capacity release rate caps 
• Advised utility in D.C. Circuit litigation pertaining to Federal Power Act 205 rights 
• Represented clients in FERC enforcement actions (audits/investigations) 
• Represented utility in FERC litigation regarding interconnection operation and maintenance costs 
• Advised and assisted clients regarding data responses, risk exposure assessments, and document productions

LNG

• Represented client in FERC proceeding regarding requirement to deliver LNG into import facilities 
• Advised clients on LNG export approval rules, regulations, process, and policies pertaining to DOE and FERC

Renewable Energy

• Drafted tax incentive applications for renewable energy and energy efficiency projects 
• Advised clients on state renewable energy incentives

NERC

• Advised client on NERC’s authority 
• Drafted section of Energy Law Journal regarding Reliability Committee Report on NERC developments 
• Represented clients in reliability standards rulemakings

General

• Represented clients in rulemaking and policymaking proceedings regarding demand response compensation, infrastructure efficiency, capacity release, reporting requirements, and energy market position limits 
• Advised client on FERC jurisdiction over rates charged in connection with transmission services provided through grid operator

Pro Bono

• Successfully represented Rwandan genocide survivor in asylum hearings before the Baltimore immigration court 
• Successfully represented D.C. nonprofit that provides after-school programs for D.C. youth in incorporating and obtaining tax-exempt status and other licenses, certificates, and permits 
• Advised and assisted D.C. nonprofit in drafting/negotiating real property sublease
• Received the Alan J. Davis Award for exemplary legal representation in a refugee human-rights matter 

Recognition & Accomplishments

Recipient, Ballard Spahr's 2011 Alan J. Davis Award for pro bono, given to a member of the firm who demonstrates exemplary legal representation in a matter involving the public good, for his work as part of the Ballard Spahr Asylum Initiative

Named to the District of Columbia Bar Pro Bono Honor Roll 

Publications

Co-author, "Energy Department Accepting Comments Regarding LNG Exports," Ballard Spahr Energy and Project Finance Alert, December 19, 2012 

Co-author, "Imports of Chinese Photovoltaic Cells Harmed U.S. Industry, ITC Finds," Ballard Spahr Energy and Project Finance Alert, November 8, 2012 

Co-author, "Policy Implications of Changing Gas Flows," Infrastructure, The American Bar Association Section of Public Utility, Communications, and Transportation Law, Vol. 51 No. 4 at 7, Summer 2012 

Interviewed and quoted in "Exxon Wins Order for FERC to Reconsider Pipeline Rates," Bloomberg Businessweek, April 17, 2012

Co-author, "Commerce Department Imposes Tariffs on Chinese Photovoltaic Cells," Ballard Spahr Energy and Project Finance Alert, March 20, 2012

Co-author, "U.S. International Trade Commission Unanimously Votes To Continue China Solar PV Trade Cases," Ballard Spahr Energy and Project Finance Alert, December 2, 2011

Co-author, "Opportunities and Challenges in the 1,500 MW Maryland RFP," Ballard Spahr Energy and Project Finance Alert, November 11, 2011

Co-author, "Membership Organization Standing in FERC Proceedings," Energy Law360, June 16, 2011

Co-author, "FERC's Surprise Move: Investigations Into Three Natural Gas Companies," Ballard Spahr Energy and Project Finance Alert, November 24, 2009

Co-author, "DOE Issues Funding Opportunity Announcements for Smart Grid Investment Grants and Smart Grid Demonstrations," Ballard Spahr Alert, July 1, 2009

Co-author, "The Supreme Court Leaves the Door Open for Creative Challenges to the Sanctity of Power Contracts," Ballard Spahr Energy and Project Finance Alert, July 8, 2008

Co-author, "The Fight Over Mobile-Sierra and the Sanctity of Contracts: Petitions for a Writ of Certiorari Filed in Public Utility District No. 1 of Snohomish County v. FERC," Ballard Spahr Energy and Project Finance Alert, July 9, 2007

Speaking Engagements

Moderator, "Tariffs on Chinese Photovoltaic Cells," B2B Webinars – Infocast Webinar, January 23, 2013

Speaker, "Gas and Electric Industry Coordination, In-Depth Seminar," The Energy Bar Association, Mid-Year Conference, Washington, D.C., November 30, 2012

Speaker, American Public Power Association CEO Climate Change and Generation Policy Task Force Meeting, Washington, D.C., October 2011

Speaker, GasMart Gas Purchasers Luncheon, Chicago, May 2011

Speaker, "Keys to an Effective FERC Compliance Program," Ballard Spahr Webinar, May 3, 2011

Speaker, "FERC Update: Form 552 and Pending Sec. 5 Cases," Ballard Spahr and PGC Webinar, April 15, 2010

Speaker, "A Primer on FERC Compliance," Ballard Spahr and PGC Webinar, October 8, 2009

The Catholic University of America Columbus School of Law (J.D. 2005, magna cum laude)
Recipient, Certificate of the Comparative and International Law Institute; Recipient, Merit Award and Dean's Award; Staff, The Contemporary Journal of Health Law and Policy; Inn President, Phi Delta Phi International Legal Fraternity

Lebanese University (LL.B 1996)

Languages

French and Arabic (native speaker)

District of Columbia

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Supreme Court