Spina

Stephen M. Spina

Partner

stephen.spina@morganlewis.com

Washington, DC Phone +1.202.739.5958 Fax +1.202.739.3001

1111 Pennsylvania Ave. NW//Washington, DC 20004-2541//United States

Stephen M. Spina is a leader of the energy and project development practice. Steve represents electric utilities and other electric industry participants before the Federal Energy Regulatory Commission (FERC) in restructuring, market investigations, and Federal Power Act regulatory matters. He advises electric utilities on issues relating to market pricing, transmission, reliability standards compliance (including cybersecurity standards), rate matters, and participation in regional transmission organizations, including capacity and energy market issues. In connection with cybersecurity and electric reliability, Steve is an active member in the firm’s crisis management practice. His work also extends to audits and investigations before FERC’s Office of Enforcement, as well as enforcement and audit proceedings involving the North American Electric Reliability Corporation.

Steve also counsels clients on the implications of regulations aimed at reducing carbon emissions from existing power plants and helps clients invest in alternative energy sources to meet energy sustainability goals. He is an active member of the firm’s energy industry team and hydrogen working group.

Awards and Affiliations

Ranked, Energy: Electricity (Regulatory & Litigation), USA, Chambers Global (2019–2023)

Recognized, Energy Law, Washington, DC, The Best Lawyers in America (2018–2020, 2022, 2023)

Ranked, Energy: Electricity (Regulatory & Litigation), Nationwide, Chambers USA (2010–2011, 2015–2022)

Recommended, The Legal 500 US (2012–2013, 2016, 2017, 2019)

Recommended, Industry focus: Energy litigation: conventional power, The Legal 500 US (2020, 2022)

Recommended, Industry focus: Energy regulation: conventional power, The Legal 500 US (2019–2022)

Recommended, Industry focus: Energy regulation: oil and gas, The Legal 500 US (2019–2022)

Recognized, Energy and Natural Resources, Washington, DC Super Lawyers (2007–2016, 2019)

Member, Law Firm of the Year, Energy/Projects: Power (including Renewables), Chambers USA (2018)

Member, Practice Group of the Year, Energy, Law360 (2016, 2019)

Member, Energy Law Firm of the Year, US News & World Report/Best Lawyers (2015)

Member, American Bar Association

Member, Energy Bar Association

Board of Directors, Energy Bar Association

Admissions

District of Columbia
Maryland
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the Eighth Circuit
US Court of Appeals for the Fifth Circuit

Education

Tulane University Law School, 1996, J.D., cum laude
Boston College, 1989, B.A.

Sectors

Services

Regions

North America

Events

8/31/2021 - Proposed FERC Reforms to Regional Transmission Planning, Cost Allocation & Generator Interconnection

9/18/2019 - Power Plant Closures and Repowering Roundtable

3/19/2019 - Immigration: What Energy Industry Employers Need to Know Now

1/9/2019 - Energy Storage Market Participation Models

8/1/2018 - Regulatory Challenges to Planning a More Resilient Transmission System

5/31/2018 - Emerging and Key Issues in Energy Storage Development: Changes to Organized Markets

3/23/2018 - Emerging and Key Issues in Energy Storage Development: Federal Regulatory Overview

11/2/2017 - Law Seminar International's 19th Annual Conference on Electric Power and Project Development in California

7/18/2017 - Market Design Proposals and the Impact on Nuclear Generation

11/29/2016 - Energy Storage: FERC’s Technical Conference & NOPR

11/3/2016 - Law Seminars International’s Electric Power in California – Los Angeles

7/28/2016 - Competitive Transmission Development

4/22/2016 - The Future for the Clean Power Plan

2/18/2016 - Electric Energy Regulatory Trends for 2016

12/17/2015 - Section 215A of the Federal Power Act: What It Means for Electric Utilities

11/2/2015 - Law Seminars International’s Energy Markets and Development in California – San Francisco

7/14/2015 - Cybersecurity: The Changing Landscape

5/26/2015 - EPA’s Clean Power Plan: Opportunities and Effects on Energy Markets

3/24/2015 - Preventing and Responding to a Data Security Breach in the Energy Industry

11/20/2014 - Independent Contractors in the Energy Industry: Avoiding Misclassification

4/29/2014 - Reforms to Improve Gas-Electric Coordination

4/15/2014 - Preventing and Responding to a Data Security Breach in the Energy Industry

3/12/2014 - Infocast’s 17th Annual Transmission Summit and Executive Forum

2/27/2014 - Key Developments in Outsourcing – Webinar Series: Outsourcing Update

2/23/2014 - SCCE’s Utilities & Energy Compliance & Ethics Conference

1/23/2014 - Transmission in the Northeast: Resolving Key Issues from Capacity to Cybersecurity, presented by Law Seminars International

10/2/2013 - Cybersecurity Framework and Implementation Guidelines

6/27/2012 - Complying with FERC Order No. 1000

3/7/2012 - Strategies & Trends in Energy Infrastructure Cybersecurity

8/18/2011 - FERC's Final Rule on Transmission Planning and Cost Allocation

6/3/2010 - Preparing for Regional Entity Audits Webcast

1/28/2010 - Guidance on Investigations in the Nuclear Industry Webcast

1/12/2010 - FERC eTariff Requirements Webcast

News

1/2/2017 - Energy Cases To Watch In 2017, Law360

1/2/2017 - Energy Regulation And Legislation To Watch In 2017, Law360

10/27/2016 - Morgan Lewis Releases FERC Compliance: A Legal and Business Guide

Publications

12/27/2021 - FERC Issues Rule to Expand Utilization of Transmission Lines

11/24/2021 - How Infrastructure Act May Spur New Transmission Projects, Law360

11/15/2021 - Bipartisan Infrastructure Bill Could Revolutionize the Energy Industry

11/1/2021 - Revised Infrastructure Bill Contains Billions to Spur Transmission Investment

10/1/2021 - PJM’s ‘Focused’ Minimum Offer Price Rule Takes Effect by Operation of Law

7/26/2021 - NARUC Submits Nominees to Joint Federal-State Task Force

7/16/2021 - FERC Rulemaking to Reform Regional Transmission Planning and Cost Allocation

2/19/2021 - LawFlash: Texas Blackouts Show Vulnerabilities of Electric Grid; Federal and State Investigations Announced

2/18/2021 - Texas Blackouts Show Vulnerabilities of Electric Grid; Federal and State Investigations Announced

2/9/2021 - DOE Issues Guidance on Suspension of Executive Order 13920

1/21/2021 - Biden Designates Glick as FERC Chair for Majority-Republican Commission

12/1/2020 - Senate Confirms Two FERC Commissioners

9/23/2020 - FERC Breaks New Ground with DER Aggregation Order

9/23/2020 - LawFlash: FERC Breaks New Ground with DER Aggregation Order

8/25/2020 - FERC Extends Pandemic Emergency Waivers

7/27/2020 - FERC Issues Rule to Implement Revisions to PURPA Regulations

7/23/2020 - FERC Rejects Calls to Overturn Net-Metering Policy

7/23/2020 - LawFlash: FERC Rejects Calls to Overturn Net-Metering Policy

7/6/2020 - DC Circuit Rejects FERC’s Use of Tolling Orders; FERC Issues Statement Asking Congress to Act

6/2/2020 - FERC Revises Methodology to Evaluate Return on Equity (Again)

5/29/2020 - FERC Announces Proposal to Tighten Policy on Tariff Waivers

5/21/2020 - FERC to Convene Technical Conference on Long-Term Impacts of COVID-19 Pandemic

5/1/2020 - President Orders Restrictions on Import and Use of Foreign Power Equipment

4/24/2020 - Advocacy Group Asks FERC to Reverse Course on Net-Metering Policy

4/21/2020 - CISA Expands Classification of ‘Essential’ Energy Workers, Seeks Their Exemption from Local Orders Restricting Movement

4/21/2020 - FERC Defers Implementation of Certain Cybersecurity and Operational Reliability Standards

4/3/2020 - COVID-19: FERC Grants Regulatory Relief, Commits to Exercise Prosecutorial Discretion

4/3/2020 - LawFlash: COVID-19: FERC Grants Regulatory Relief, Commits to Exercise Prosecutorial Discretion

3/19/2020 - COVID-19: FERC Provides Overview of Operating Status & Regulatory Approach

3/19/2020 - FERC/NERC Notice Gives Utilities Some Compliance Flexibility During COVID-19

3/19/2020 - FERC/NERC Provide Compliance Flexibility for Certain Standards During Pandemic

3/12/2020 - Pandemic Planning: Electric Reliability Maintenance and Standards Compliance

February 2020 - FERC Proposes to Revise Qualifying Facility Rates and Requirements, Pratt’s Energy Law Report

1/10/2020 - Environmental Rulemaking: Energy Infrastructure Implications

1/10/2020 - White House Proposes to Modernize and Streamline Its NEPA Regulations, Invites Public Comments

1/2/2020 - FERC Orders PJM to Expand Minimum Offer Price Rule

10/2/2019 - FERC GC to Be Nominated as New Commissioner

9/26/2019 - FERC Proposes to Revise Qualifying Facility Rates and Requirements

7/31/2019 - FERC Orders PJM to Suspend 2019 Base Residual Auction

7/3/2019 - FERC Requires a Business to Pay Off a Related Business’s Debts Before Entering RTO Market

6/21/2019 - Three New EPA Rules Will Affect Utility Coal Plants and State Resource Planning

3/15/2019 - Energy Storage Deployment: Regulatory Developments and Procurement Considerations, ABA Journal

1/7/2019 - FERC Commissioner McIntyre Passes Away

12/18/2018 - Presidential Council Warns Nation Is Unprepared for Catastrophic Power Outage

12/7/2018 - Senate Confirms Bernard McNamee as FERC Commissioner

11/19/2018 - FERC Nominee Questioned by Senate Committee on Prior Grid Resiliency Efforts

11/16/2018 - Strong Growth Forecast for Energy Storage Highlights Challenges for Grid Operators

11/9/2018 - SPP Moves Closer Toward Order No. 841 Compliance

8/15/2018 - Critical Generator Identification by FERC May Be in the Works

8/14/2018 - FERC Official Hints at Coordinated Efforts to Identify Most Critical Generators

7/25/2018 - FERC Requires Expanded Cyber Incident Reporting for Electric Utilities

7/25/2018 - LawFlash: FERC Requires Expanded Cyber Incident Reporting for Electric Utilities

7/24/2018 - DHS: Hackers Gained Access to Electric Utility Operating Networks

7/20/2018 - FERC Proposes to Update Utility Interlock Rules

7/20/2018 - FERC Rejects Some Changes to NERC Rules on Operator Certification

7/12/2018 - LawFlash: PJM’s New Notice Requirement for Changes in Generation Ownership or Control

7/11/2018 - FERC Order on Subsidized Generation Could Remake PJM Capacity Market

7/11/2018 - PJM Interconnection Implements New Requirements for Generator Interest and Asset Sales

7/5/2018 - Powelson to Step Down at FERC, Leaving an Evenly Split Commission

6/27/2018 - DC Circuit Affirms FERC Decision on MISO Cost Allocation

6/27/2018 - LawFlash: DC Circuit Affirms FERC Decision on MISO Cost Allocation

6/19/2018 - FERC Commissioners Explain Priorities, Respond to Trump DOE Directive

6/15/2018 - NRC, FERC Enter into MOU to Protect CEII

6/14/2018 - FERC, NRC Discuss Reliability and Cybersecurity

2/22/2018 - How FERC's New Rule Paves The Way For Energy Storage, Law360

2/21/2018 - Landmark FERC Rule Paves Way for Electric Storage in Wholesale Markets

February 15, 2018 (Updated February 21, 2018) - FERC Issues Final Rule on Electric Storage Participation in Wholesale Markets

9/14/2017 - Hurricane Irma Client Alert: Relaxed Enforcement Concerning Vegetation Management Compliance Plans in Response to Irma’s Devastation

9/12/2017 - Hurricane Recovery Client Alert: FERC Extends Certain Filing Deadlines for Those Affected by Hurricanes

8/31/2017 - DOE Issues Grid Reliability Study

5/31/2017 - FERC Focuses on Market Design Issues Affecting Nuclear Power Plants

5/31/2017 - FERC Requests Comments on Market Design Issues for Nuclear Power Plants

5/30/2017 - FERC Seeks Comments on Market Design Issues Affecting Nuclear Power Plants

2/2/2017 - Law360 Article: FERC Energy Storage Policy Faces Uncertainty Under Trump

1/27/2017 - FERC Energy Storage Policy Faces Uncertainty Under Trump, Law360

1/3/2017 - FERC Proposes Reforms to Generator Interconnection Process

11/22/2016 - FERC Proposes to Integrate Electric Storage into Organized Markets

8/4/2016 - Navigating Regulatory Challenges to Utility Sector Growth, BNA's Daily Environment Report

5/25/2016 - CFTC Proposes to Allow Private Lawsuits for Transactions in RTOs and ISOs

5/24/2016 - FERC Finalizes Hold-Harmless Policy and Strikes the Most Problematic Proposals

5/17/2016 - DC Circuit Moves Directly to En Banc Review of Clean Power Plan Challenges

2/16/2016 - Lawflash: Supreme Court Stays Implementation of Controversial Clean Power Plan

2/11/2016 - Supreme Court Stays Implementation of Controversial Clean Power Plan

2/8/2016 - FAST Act Streamlines Complex NEPA Reviews for Energy Projects

12/4/2015 - Highway Bill Adds New Security Measures to Federal Power Act

11/17/2015 - FERC Clarifies Policy on Simultaneous Exchange Transactions

9/21/2015 - Proposed FERC Regulations Would Grant FERC Access to NERC Non-Public Transmission and Generation System Databases

8/11/2015 - What EPA’s Clean Power Plan Means for States, Electric Power Sector

8/6/2015 - President Obama, EPA Unveil Final Greenhouse Gas Emissions Reduction Rule

1/30/2015 - FERC Proposes to Strengthen Hold-Harmless Policy for Electric Mergers

9/2/2014 - Federal Agencies Cannot Be Fined for Reliability Standard Violations

9/2/2014 - Federal Agencies Cannot Be Fined for Reliability Standard Violations

8/21/2014 - LawFlash: D.C. Circuit Rejects Challenges to FERC’s Order No. 1000

8/21/2014 - D.C. Circuit Rejects Challenges to FERC’s Order No. 1000

7/21/2014 - FERC Proposes to Approve NERC Physical Security Standard

6/20/2014 - FERC Proposes to Approve New Reliability Standard for Calculating ATC

6/20/2014 - FERC Approves Reliability Standard on Geomagnetic Disturbances

6/10/2014 - Understanding NERC’s New Physical Security Standard

6/10/2014 - Understanding NERC’s New Physical Security Standard

5/21/2014 - FERC Grants Rehearing on State Law Issues in Order No. 1000 Filings

4/15/2014 - Preventing and Responding to a Data Security Breach in the Energy Industry

3/26/2014 - FERC Adopts Revisions to Bulk Electric System Definition

3/21/2014 - FERC Proposes Reforms to Improve Gas-Electric Coordination

3/11/2014 - Electric Utilities and the Cybersecurity Executive Order: Anticipating the Next Year

3/11/2014 - FERC Directs Reliability Standards for Physical Security

3/6/2014 - Evolving Issues Concerning Electric Capacity Markets

2/27/2014 - Key Developments in Outsourcing – Webinar Series: Outsourcing Update

1/24/2014 - Development of NERC’s Cyber Security Transition Guidance, presented at Law Seminars International's Developing Transmission in the Northeast

12/3/2013 - LawFlash: FERC Approves Version 5 CIP Reliability Standards, Rejects Key Reforms

12/3/2013 - FERC Approves Version 5 CIP Reliability Standards, Rejects Key Reforms

11/21/2013 - Transmission in the Northeast: Resolving Key Issues from Capacity to Cybersecurity, presented by Law Seminars International

10/8/2013 - Cybersecurity Framework and Implementation Guidelines

8/13/2013 - FERC Extends Compliance Deadline for Version 4 CIP Reliability Standards

6/17/2013 - FERC Extends Deadline to Implement Revised Bulk Electric System Definition by One Year

April 2013 - Co-author, Electric Utilities and the Cybersecurity Executive Order: Anticipating the Next Year

4/23/2013 - FERC Proposes to Approve Overhaul of NERC Cybersecurity Standards

2/28/2013 - NERC Cybersecurity Compliance

2/26/2013 - FERC Extends Deadline for Order No. 1000 Interregional Compliance Filings

2/14/2013 - President Obama Signs Executive Order on Cybersecurity

11/16/2012 - President Issues National Security Directive on Cyber Operations to Defend Government Networks; Executive Order Still Pending

10/25/2012 - FERC Addresses Geomagnetic Disturbances; Proposes to Direct NERC to Develop a Reliability Standard

9/27/2012 - FERC Proposes to Approve Regional Underfrequency Load Shedding Reliability Standard

9/21/2012 - FERC Forms New Office to Focus on Cybersecurity

5/22/2012 - FERC Denies Rehearing of Order No. 1000

4/23/2012 - FERC Rules on Several Core Reliability Compliance Issues: New Orders Address Cybersecurity, Registration, and Contingency Planning

4/3/2012 - LawFlash: FERC Upholds Postage Stamp Cost Allocation Methodology

4/3/2012 - FERC Upholds Postage Stamp Cost Allocation Methodology

3/16/2012 - FERC Proposes Changes to EQR to Improve Accuracy in Reporting Simultaneous Exchanges

3/16/2012 - FERC Grants NERC Enforcement Discretion over Low-Risk Violations

3/12/2012 - FERC and Constellation Energy Commodities Group Settle Investigation

3/1/2012 - FERC Rejects Charges to GFAs for New Regional Transmission Projects

2/21/2012 - LawFlash: Cybersecurity Act of 2012 Introduced

2/21/2012 - Cybersecurity Act of 2012 Introduced

2/17/2012 - FERC Addresses Uncertainty Around Simultaneous Locational Exchanges

2/13/2012 - Strategies & Trends in Energy Infrastructure Cybersecurity Conference

2/7/2012 - Managing Regulatory Impact on Generators, presented at the Generation Summit 2012, San Antonio, TX

12/21/2011 - Reliability Technical Conference

12/8/2011 - Commission Orders BPA to Provide Comparable Transmission Access

10/19/2011 - SEC Issues Guidance on the Disclosure of Cybersecurity Incidents and Costs

10/14/2011 - NERC Enforcement Update: Utility Concerns, presented at the 2011 Edison Electric Institute Fall Legal Conference

8/18/2011 - Order No. 1000: Transmission Planning and Cost Allocation

6/21/2011 - FERC Issues Notice of Inquiry on Third-Party Provisions of Ancillary Services and Financial Reporting for New Electric Storage Technologies

5/12/2011 - Webinar: Navigating Rate Complaints

5/12/2011 - Navigating Rate Complaints

4/28/2011 - FERC Issues $30 Million Penalty for Alleged Violations of Anti-Manipulation Rule

4/21/2011 - FERC Proposes Rules to Enhance Electricity Market Monitoring and to Increase Market Transparency

4/21/2011 - FERC Approves Interpretations of IRO-005-1 and TOP-005-1, Declines to Adopt NOPR Proposal on Mandatory Reporting of Loss of Redundant SPS Communication Components

3/24/2011 - FERC Clarifies Directive on Revision to Definition of Bulk Electric System, Stresses NERC’s Ability to Propose Alternative Solution

3/22/2011 - FERC Provides Guidance on Penalties for Reliability Violations Resulting in Load Loss

2/22/2011 - FERC Issues Notice of Proposed Rulemaking Concerning Compensation for Frequency Regulation Service in Organized Wholesale Electric Markets

2/15/2011 - FERC Creates Staff Task Force to Conduct Broad Inquiry into Recent Generation Outages and Natural Gas Disruptions in the Southwest

2/3/2011 - The Dodd-Frank Act: Implications for the Energy Industry, presented at the National Energy Compliance Forum Steering Committee Meeting, Washington, D.C.

1/13/2011 - FERC to Hold Technical Conference on Reliability Risks

2010 - Open Access, Transmission, and Comparability, Energy Law and Transactions, LexisNexis Matthew Bender 2010

11/24/2010 - LawFlash: FERC Reiterates That Long-Term Firm Point-to-Point Service Requires Transaction-Specific Service Agreements

11/23/2010 - LawFlash: FERC Directs Revisions to "Bulk Electric System" Definition; More Facilities Likely to Be Subject to Reliability Standards

11/17/2010 - Webinar: Don't Make the Same Mistake Twice! Avoiding Repeat Violations of Reliability Standards

11/17/2010 - Don't Make the Same Mistake Twice: Avoiding Repeat Violations of Reliability Standards

10/21/2010 - LawFlash: NERC Issues a Status Report to FERC Concluding That the Balance of a Nuclear Power Plant Is Not Subject to Critical Information Protection Standards

10/19/2010 - LawFlash: NERC Directs Transmission Owners to Examine Facility Rating Discrepancies Between Design and Actual Field Conditions of Transmission Facilities

10/14/2010 - LawFlash: FERC Initiates Smart Grid Rulemaking Process

9/23/2010 - LawFlash: FERC Clarifies Guidance on NERC’s Obligation to Respond to Commission Directives on Reliability Standard Development

9/1/2010 - LawFlash: FERC Issues Guidance on Reliability Penalties Assessed for Repeated Violations by the Same or Affiliated Companies

8/23/2010 - Article: The Financing Options For New Transmission (Law360)

8/23/2010 - The Financing Options For New Transmission, Law360

7/29/2010 - FERC's Proposed Rulemaking: Transmission Planning and Cost Allocation

6/21/2010 - Shifting The Center Of Reliability Power, Law360

6/11/2010 - Cybersecurity Legislation Receives House of Representatives Approval

6/3/2010 - Preparing for Regional Entity Audits Webinar

2010 - NERC Reliability Standards and Compliance, Energy Law and Transactions, LexisNexis Matthew Bender 2010

4/27/2010 - Webinar: Transmission Development – Issues for Consideration

4/27/2010 - Transmission Development: Issues for Consideration

1/28/2010 - Guidance on Investigations in the Nuclear Industry Webinar

1/12/2010 - Webinar: FERC eTariff Requirements

1/12/2010 - FERC eTariff Requirements Webinar

10/8/2009 - FERC Approves $25M Penalty for Florida Power and Light Company’s Role in 2008 Florida Blackout

9/2/2009 - NERC Releases Revised Draft of Technical Feasibility Exception Procedures for Critical Infrastructure Protection Reliability Standards

7/31/2009 - Department of Energy Announces Major Loan Guarantee Funding Opportunities

7/17/2009 - FERC Issues Smart Grid Policy Statement and Cost Recovery Policy

7/2/2009 - NERC Issues Draft Guidelines Addressing Identification of Critical Cyber Assets

7/2/2009 - NERC Issues Draft Guidelines Addressing Identification of Critical Cyber Assets

6/29/2009 - FERC Issues Orders on Northwest Transmission Development Proposals

6/25/2009 - Commission Upholds Central Aspects of Its Policy Regarding Violation Severity Levels for Reliability Standards

5/1/2009 - House and Senate Homeland Security Chairmen Introduce Bill to Dramatically Increase FERC’s Cyber Security Authority