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Kathleen Cooper Lake
Kathleen Cooper Lake
Experience | Education | Recognition | Activities | Publications
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Biography
For over 30 years, Kathy's practice has focused on state and federal utility law and energy regulation, energy transactions, and administrative law and litigation. She advises clients on compliance with state and federal energy regulations; preparation and prosecution of comments, applications, and filings in state and federal regulatory administrative agency proceedings; and prosecution of related appellate litigation.
She also advises clients on energy transactions, including drafting and negotiation of contracts for transportation, transmission, interconnection, purchases, and sales of natural gas and electricity; regulatory and contract due diligence and risk assessment; and review/preparation of appropriate representations, covenants and regulatory disclosures in acquisition documents and agency filings. Recently, she advised an investor group on state and federal regulatory issues associated with proposed $22 billion leveraged buy out of regulated pipeline assets.
Kathy has broad experience with all segments of the natural gas and electric industries. She has represented gas producers, inter- and intrastate gas pipelines, gas distribution companies, electric cooperatives, electric utilities, project developers, power marketers, end-users, financial institutions, equity investors, and other participants in the domestic natural gas and electric power industries.
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Representative Experience
Natural Gas (Regulatory) View All
- Represented interstate gas pipelines in preparation, prosecution, and successful settlement of contested rate cases
- Advised on compliance with energy affiliate standards of conduct regulations, including preparation of training materials and compliance protocols, and successful prosecution of requests for waiver
- Represented interstate pipeline clients responding to FERC investigations
Natural Gas (Transactional) View All
- Advised a group of investors in connection with state and federal regulatory issues associated with proposed $22 billion leveraged buy out involving regulated pipeline assets, including advising on risks associated with FERC rate regulation, leading gas regulatory due diligence on nine state and federally regulated pipelines, and reviewing/drafting related contract representations and covenants
- Represented investors in negotiation of long-term gas storage and transportation agreement in connection with the sale of storage and intrastate pipeline assets
- Represented underwriter regarding gas regulatory matters in connection with formation of a master limited partnership involving regulated pipeline assets, including advice on risks associated with FERC regulation and pending proceedings, review and preparation of appropriate disclosures in SEC filings, review and preparation of contract provisions related to allocation of regulatory risk
Electric (Regulatory) View All
- Represented project investors in connection with obtaining necessary Federal Power Act Section 203 approvals for transfer of interests in independent generators and power marketers
- Obtained market-based rate authorization and re-authorization under Federal Power Act Section 205 on behalf of public utilities
- Represented a group of electric distribution cooperatives in obtaining necessary FERC Section 203 authorizations and declaratory orders regarding lease-leaseback transaction
Electric (Transactional) View All
- Drafted and negotiated long-term, electric power purchase and sales agreements, including gas-fired and coal-fired unit contingent contracts and liquidated damages contracts, on behalf of various groups of electric cooperatives
- Advised numerous prospective purchasers and lenders regarding due diligence, contract, and state and federal regulatory issues associated with the acquisition and financing of independent power projects and power marketing companies
- Advised electric cooperative in connection with the acquisition of new retail service territory and customers, including drafting and negotiation of acquisition agreement, wholesale electric power purchase agreement and related documents, and obtaining required FERC approvals
Prior results do not guarantee a similar outcome.
Education and Professional Background
- The University of Texas School of Law, J.D. with high honors, 1980 (Order of the Coif; Phi Kappa Phi; Associate Editor, Texas Law Review)
- Middlebury College, A.B. magna cum laude, 1977 (Phi Beta Kappa)
- Admitted to practice: Texas, 1980; U.S. Courts of Appeal for the Third, Fifth, and District of Columbia Circuits
Professional Recognition
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- The Best Lawyers in America® in energy law, 2010 and 2011
- Legal Media Group's (Euromoney's) Expert Guide to the World's Leading Women in business law, 2011
- Legal Media Group's (Euromoney's) Expert Guide to the US Best of the Best in energy and natural resources law, 2010
Activities and Affiliations
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- Member: Texas Bar Foundation (Life Member); Houston Bar Foundation; Texas Law Review Association (Life Member); American, Energy, and Houston Bar Associations; Women's Energy Network of Houston; College of the State Bar of Texas, 2005 - present
- Adjunct Professor, University of Houston Law Center, Spring 2011
- Co-chair: Houston-area Middlebury College Alumni Admissions Committee, 2001 - present; admissions volunteer representative, 1980 - present
Publications and Presentations
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Full Biography
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First City Tower 1001 Fannin Street Suite 2500 Houston, TX 77002-6760
Tel +1.713.758.3826
Fax +1.713.615.5500
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