Howard Shafferman
Howard Shafferman

Howard H. Shafferman

Partner

hhs@ballardspahr.com
Tel 202.661.2205
Fax 202.626.9036
Washington, DC

Howard H. Shafferman is the Practice Leader of Ballard Spahr's Energy and Project Finance Group. Mr. Shafferman concentrates on energy regulatory and transactional matters. He is the principal outside regulatory counsel for ISO New England Inc., among other representations. He advises and represents clients on all aspects of federal and state regulation of electric, hydroelectric, and gas facilities and services.

Mr. Shafferman was chief of staff and counselor of the Federal Energy Regulatory Commission (FERC) from February 1990 to January 1993. In this capacity, he participated in the development of all major electric, gas, and hydroelectric orders and rulemakings, and served as senior legal and policy adviser in the office of Chairman Martin L. Allday.

Mr. Shafferman was active in development of Order No. 636, the Energy Policy Act of 1992, and numerous initiatives involving the restructuring of electricity and natural gas regulation and the streamlining of natural gas pipeline construction. He was a member of the Energy Consultative Mechanism under the U.S.-Canada Free Trade Agreement.

From 1987 to 1990, Mr. Shafferman was deputy and acting solicitor of the U.S. Department of the Interior. In these roles, he represented and advised the Secretary and other senior officials on the full range of energy, natural resource, and environmental issues, including onshore and offshore oil, gas, and minerals; public lands; Indian resources; water; surface mining; and endangered species.

Mr. Shafferman has represented a number of cutting-edge entities participating in the energy industry and its restructuring. Matters he has handled include: initial rate and other filings, including those involving independent system operators, traditional utilities, independent power producers, power marketers, and cooperatives; strategic positioning and preparation of comments in connection with major FERC rulemakings; tariff changes (both as filing utility and as intervenor) for both regulated and market-based rates and filings; leadership in the private-sector development of gas and electric business practice standards for approval by FERC (having served as general counsel of the Gas Industry Standards Board); involvement in gas pipeline certificate and rate proceedings; obtaining energy export and import approvals, and presidential permits, from the U.S. Department of Energy and FERC; obtaining Exempt Wholesale Generator determinations and Qualifying Facility certifications (and related waivers) from FERC; and filings for and contests over wholesale power purchase agreements, interconnection agreements, and requests for transmission. He has represented a hydroelectric licensee in negotiating a settlement with federal and state agencies of contentious fish habitat issues, which cleared the way for relicensing.

Mr. Shafferman's regulatory practice supports Ballard Spahr's active project finance and mergers and acquisitions activity, including assessment of issues involving renewable energy facilities, qualifying facilities, and regulatory approvals. He has obtained approvals under the Federal Power Act for asset transfers, the issuance of securities, and interlocking directorates.

Mr. Shafferman is a member of Ballard Spahr's Elected Board.

Pro Bono Experience

Mr. Shafferman provides pro bono legal assistance to the International Justice Mission's office in Nairobi, Kenya.

Professional Activities

Charitable Foundation of the Energy Bar Association, Board of Directors

North American Energy Standards Board, Advisory Committee

Energy Bar Association, former member of Board of Directors and Chair of Power Generation and Marketing Committee

Recognition & Accomplishments

Chambers USA: America's Leading Lawyers for Business, energy: electricity (regulatory and litigation), national ranking, 2013

AV Peer Review Rating, Martindale-Hubbell

Recipient, "Groundbreaking Lawyers of 2009" designation, Public Utilities Fortnightly, November 2009

Publications

"Three Disciplines for Serving Energy Clients," Energy Law Client Strategies: Leading Lawyers on Litigation, Negotiations, and Industry Regulations, Boston, Aspatore Books, 2007

Speaking Engagements

Interviewed by AOL Energy on electric markets, October 31, 2011

"Integration of Renewables by RTOs/ISOs and Individual Utilities," Renewable Energy Technology Conference, September 21, 2011

"Transmission Line Upgrading and Cost Allocation," Solar Power Generation USA, Las Vegas, January 26, 2011

"FERC: A Year in Review," Eighth Annual University of Texas Gas and Power Institute, September 10, 2009

"Federal Energy Update: 'Getting' Where We Need to Go?" Sixth Annual University of Texas Gas and Power Institute, September 2007

Community Activities

Mr. Shafferman is a former Senior Warden of The Falls Church.

University of Virginia School of Law (J.D. 1978)

Princeton University (A.B. 1975)

Languages

German

District of Columbia