William D. Kissinger

Bill served as a member of the Governor’s Energy Task Force, responsible for shaping California’s strategy in responding to the 2001 electricity crisis. He was California’s lead negotiator in the effort to renegotiate the multibillion-dollar energy contracts the state entered into in early 2001. His efforts resulted in greatly improved contract terms with future savings to the state in excess of $5 billion over the life of the contracts. Bill was also a member of the California Electricity Oversight Board, after being appointed by Gov. Davis in 2002.

From 1997–2000, Bill served as special assistant to the legal adviser for the US Department of State in Washington, D.C. From 2000–2001, he served as senior adviser for international economic policy at the White House National Economic Council.

Bill’s practice includes energy and environmental matters. He represents conventional and renewable energy companies, storage project developers, municipalities, and publicly owned utilities. His energy practice includes representing parties in litigation arising out of the purchase and sale of electricity as well as providing advice on regulatory matters involving the California Independent System Operator, the California Public Utilities Commission, California Energy Commission, and the Federal Energy Regulatory Commission. Recognized by Chambers USA, Bill is described as “a wealth of knowledge and contacts” by his energy clients. Bill serves as a member of the San Francisco Bay Regional Water Quality Control Board after being appointed by Govenor Brown in 2012, reappointed in 2016 and again in 2019 by Govenor Newsom.

Prior to joining Morgan Lewis, Bill was a partner in the environmental practice of another international law firm.

Energy-Related Matters

• Represented biomass fueled generator in multi-million dollar contract dispute against municipal utility in American Arbitration Association (AAA) proceeding; obtained eight figure award for client
• Successfully negotiated PPA with California Investor Owned Utility for 230 MW solar power project in Riverside County
• Successfully obtained Small Power Plant Exemption from California Energy Commission (CEC) for backup generators for data storage facility in Santa Clara
• Negotiated encroachment agreements with Imperial Irrigation District on behalf of multiple utility scale solar project developers
• Represented California municipal public utility in section 206 proceeding before Federal Energy Regulatory Commission (FERC) against an investor-owned utility arising out of the breach of interconnection agreement
• Represented independent power plant developer before California Public Utilities Commission (CPUC) for approval of power purchase agreement with Pacific Gas & Electric Co.
• Represented Convergent Energy + Power before CPUC for approval of 35 MW purchase and sale agreements with Southern California Edison
• Appeared on behalf of two Mexicali-based combined cycle power plants in CPUC proceedings related to the acquisition by San Diego Gas & Electric Co. of resources to meet grid reliability criteria
• Prosecuted AAA arbitration arising out of dispute relating to purchase of electricity by California Department of Water Resources from Sempra Generation
• Represented party before CPUC seeking approval of the sale of the 1,050 MW Mountainview Power Project to Southern California Edison
• Participated in California Independent System Operator (CAISO) sponsored stakeholder process relating to the management of transmission congestion and the proposed development of additional congestion management zones
• Negotiated first of its kind multiparty interconnection agreement for Arizona-based 500 MW photovoltaic solar project involving two adjacent balancing authorities (CAISO and APS)
• Appearances before FERC relating to challenges of proposed CAISO tariff amendments and associated compliance filings
• Renegotiated on behalf of the California Department of Water Resources Power Purchase Agreements with Allegheny Energy Supply, CalPeak, Constellation Power Source, Edison Mission Energy, El Paso, GWF Energy LLC, High Desert Power, PGE Trading, Williams Energy Marketing & Trading; renegotiated contracts resulted in more than $5 billion in savings to the state of California
• Led US delegation on behalf of the State Department to successfully conclude negotiations with Canada on the sale of Canadian electricity into the wholesale energy markets

Environmental Matters

• Represented utility scale solar project operator in dispute with WREGIS regarding issuance of Renewable Energy Credit (RECS) for solar power project
• Assisted in passage of California legislation to enable 800 MW gas-fired power plant to obtain air permit from South Coast Air Quality Management District to complete CEC licensing process
• Advised California Department of Water Resources on environmental permitting related to emergency levee repairs along Sacramento River
• Plaintiff’s counsel in multiparty cost recovery action pending in U.S. District Court Hawaii
• Represented former property interest holder within Hylebos Superfund site, Tacoma, Washington
• Established new precedent under California Right-to-Know statute that provided additional protection to commercial trade secrets
• Extensive involvement in all phases of Superfund litigation and remediation, including US v. Stringfellow, U.S. v. Allied, U.S. v. Bunker Hill

Other Matters

• Advised party seeking to do business with State of California on state procurement practices
• Acted as lead plaintiffs’ counsel in multiparty litigation involving tort law claims of first impression under California law; successfully negotiated multimillion-dollar settlement for client; efforts recognized by California Lawyer magazine