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.