Jo Ann Biggs

Partner

Energy Regulation

Overview

Jo Ann counsels regulated entities and entities that wish to own regulated assets related to energy in Texas and represents them in front of state and federal regulators. She represents clients in complex matters decided in bench trials in administrative and civil forums. She also assists clients in meeting federal electric reliability standards, helping them navigate compliance audits and reconcile potential non-compliance issues. In addition, Jo Ann advises parties to transactions that touch regulated, energy related assets.

Experience

Represents clients in evaluation of compliance with North American Electric Reliability Corporation (“NERC”) Reliability Standards and state regulations
Represented clients in obtaining regulatory approval of proposed transactions in which regulated electric transmission and distribution assets were being bought or sold
Served as lead attorney for a utility in gaining regulatory approval of a large advanced meter deployment and related surcharge
Represented client in preparing and litigating multiple system-wide cost of service base rate cases
Gas and electric municipal utility in its agreement for the development of advanced metering infrastructure

Represents client in investigations into performance of the electric grid during extreme weather events conducted by state, regional, and federal regulators
Counsels clients in evaluating possible violations of NERC’s Reliability Standards and state regulations
Represents clients during compliance audits, recertification audits, and spot checks conducted by the Federal Energy Regulatory Commission, NERC, and the Texas Reliability Entity
Assists clients in understanding pending and recently passed legislation as well as pending and recently adopted regulations that could affect their businesses
Assists clients in preparing required regulatory reports, such as reports related to vegetation management plans, infrastructure hardening efforts, and reliability performance
Represented a client in multiple rulemakings at the Public Utility Commission of Texas related to the deployment of advanced meters and in the related state court appeal
Served as lead attorney in three administrative proceedings in which the costs of advanced meter deployment were reconciled
Represented clients in preparing applications for loan guarantees from the U.S. Department of Energy under the American Recovery and Reinvestment Act of 2009 and the Energy Policy Act of 2005
Represented private equity purchasers regarding regulatory issues in a $45 billion acquisition of major Texas energy company
Served as lead attorney for the largest electric utility in Texas in achieving an unprecedented regulatory settlement that resolved all major issues related to the company’s transition to retail electric competition and authorized securitization of $1.3 billion of regulatory assets. Also served as lead attorney in hearings before the Public Utility Commission of Texas to obtain regulatory approval of that settlement and in appeals of that approval
Served as lead attorney for the largest electric utility in Texas before Public Utility Commission in litigation of multi-phased proceeding to unbundle the company pursuant to Texas electric industry restructuring legislation, and to set transmission and distribution rates
Served as lead attorney for clients in numerous administrative proceedings and rulemakings relating to the implementation of Texas electric industry restructuring legislation, including proceedings to evaluate business separation plans and develop rules for the unbundling of vertically integrated utilities and stranded cost recovery
Participated extensively in the preparation of legislation governing a restructuring of the Texas electric industry to require transmission open access and authorize competition in the generation and retail sale of electricity
Represented a governmental agency in connection with licensing a geologic nuclear waste repository

Capabilities

Credentials

Education

Vanderbilt University Law School, J.D., 1983 (Managing Editor, Vanderbilt Law Review)
Hendrix College, B.A., English, 1980 (Alpha Chi)

Admissions

Texas

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Member: American Bar Association; Governing Council, Public Utility Law Section, State Bar of Texas, 2002–2004; Dallas Bar Association
Hendrix College: Chair, Board of Trustees, 2020–present; Chair, Executive Committee, 2020–present; Chair, Academic Affairs and Enrollment Committee, 2007–2020; Presidential Search Committee, 2013
Board of Directors: St. Philip’s School & Community Center Board, 2005–2009
National Alumni Board Member: Vanderbilt University School of Law, 1999–2002
East Dallas Cooperative Parish: Governing Board Member, 1993–1997; President, 1995–1996

Summary of CIP Version 5 Standards, January 2014
Summary of FERC Order No. 791, January 2014
“You’ve Received Stimulus Funding: What’s Next?” EEI 2009 Fall Legal Conference, October 3, 2009
“The Impact of the American Recovery and Reinvestment Act of 2009 on Energy Infrastructure Development,” 2009 Gas and Power Institute, University of Texas, September 10, 2009

Recognitions

Chambers USA, Energy: State Regulatory & Litigation (Electricity) (Texas), 2015−2026
D Magazine, “Best Lawyers in Dallas,” Litigation, 2012
The Best Lawyers in America© (BL Rankings, LLC), (Dallas): Public Utility Law, 2005 and 2006; Energy Law, 2007−2027; Energy Regulatory Law, 2022–2027; Oil and Gas Law, 2022–2027
The Best Lawyers in America© (BL Rankings, LLC), “Lawyer of the Year,” (Dallas/Fort Worth): Energy Law, 2016; Energy Regulatory Law, 2025
Legal Media Group’s (Euromoney’s) Expert Guide to the World’s Leading Energy and Natural Resource Lawyers, 2016
Selected to the Texas Super Lawyers list, Super Lawyers (Thomson Reuters), 2006−2008
Legal 500 U.S., Energy Regulation: Electric Power, 2019–2024, and 2026

Insights

Client Alerts

NERC Files Revisions to Rules of Procedure Subjecting Certain Unregistered Inverter Based Resources to Mandatory Reliability Standards

On March 19, 2024, the North American Electric Reliability Corporation (“NERC”) asked the Federal Energy Regulatory Commission (“FERC”) to approve revisions to NERC’s Rules of Procedure (“ROP”) that would require certain small (over 20 MVA) inverter-based resources (“IBRs”) – like solar and wind power generators – to register with NERC, and eventually be subject to existing and new reliability standards applicable to larger IBRs.

April 2, 2024 • V&E Energy Update

April 2, 2024 • 4-minute read

View Insight

President Biden Signs the Bipartisan Infrastructure Bill into Law, Certain to Fuel Long Standing Debates at FERC Background Image