Law Office of Julia E. Sullivan, LLC
juliasullivan@jeslaw.us
001 (410) 707-8608

EXPERTISE

Julia E. Sullivan is an independent attorney and arbitrator with more than 30 years of experience in the energy industry. Ms. Sullivan is a fellow in the Chartered Institute of Arbitrator and a Member of the American Arbitration Association’s Roster of Arbitrators. Prior to founding her own firm, Ms. Sullivan chaired the Energy Regulation, Markets and Enforcement practice at Akin Gump Strauss Hauer & Feld, LLP, where she also served a member of the Steering Committee of the Global Energy & Transactions practice.

Ms. Sullivan has served as an arbitrator or party representative in more than fifty litigated proceedings. She also has significant experience representing U.S. and international energy companies, investors, and public institutions in connection with mergers & acquisitions; engineering, procurement, and construction agreements; power purchase and sale agreements; operating agreements; LNG liquefaction agreements; electric transmission interconnection and service agreements; natural gas purchase and sale agreements; natural gas pipeline service agreements; oil pipeline service agreements; project financing; credit agreements; energy market formation; energy trading; energy risk management; energy regulation; and commercial disputes.

Ms. Sullivan holds a JD in Law from American University in Washington, D.C., an LLM in Trans-National Commercial Transactions from Lazarsky University in Warsaw, Poland, and a BA in Political Science from Texas A&M University. She teaches college and graduate level courses in international arbitration and international energy policy. Recent appointments include International Black Sea University in Tbilisi, Republic of Georgia (Fall 2018); Berdyansk State Pedagogical Institution in Berdyansk, Ukraine (Fall 2016); and Lublin School of Technology in Lublin, Poland (Fall 2015).

Ms. Sullivan a frequent speaker on energy industry developments, including, most recently, at the Center for Energy, Petroleum and Mineral Law at the University of Dundee, Scotland (April 2018), the World Energy Conference in Rome, Italy (October 2017), and Zaporizhya National University in Zaporizhya, Ukraine (October 2016). She has been quoted in and published by leading industry publications, including Bloomberg, Law360, Platts Inside FERC, Electricity Journal, Oil & Gas Journal, Oil & Gas Monitor, among others.

Ms. Sullivan is a Senior Lawyer and the Center of International Legal Studies and a Member of the ICC USA Arbitration Committee of the United States Council for International Business. She is a dual citizen of the United States and Ireland.

DISPUTE RESOLUTION EXPERIENCE

Breach of Contract Disputes

Power purchase and sale agreements, asset purchase and sale agreements, asset sale and lease-back agreements, credit and security agreements, operating agreements, insurance agreements (including officer & director liability), employment agreements (including executive compensation), non-compete agreements, residential solar contracts, timeshare contracts, package travel contracts

Construction Disputes

Scope of work, quality of work, cost and schedule overruns, liquidated damages, lost profits

Business Torts

Negligence, fraud, misrepresentation, tortious interference with contract, unfair competition, alter ego

Consumer Disputes

Breach of contract, negligence, statutory claims

COMMERCIAL EXPERIENCE

Commercial Litigation

  • American company in breach of contract action against Russian company in arbitration under the rules of the Stockholm Chamber of Commerce
  • utilities and generation owners in connection with disputes arising from engineering, procurement, and construction agreements and power purchase and sale agreements
  • market participants in connection with multi-year investigations by the Federal Energy Regulatory Commission involving alleged market manipulation
  • qualifying facilities, independent power producers, and electric utilities in connection with various claims of breach of contract
  • electric and gas utilities in proceedings before state regulatory commissions regarding allegations of imprudence involving generation construction projects and risk management practices
  • market participants in regulatory proceedings involving the construction of new interstate natural gas pipelines
  • Chief Financial Officer of publicly traded company in criminal and civil litigation involving alleged securities fraud
  • county commissioner in criminal litigation involving alleged bribery scheme
  • government of Puerto Rico in litigation involving the constitutionality of gasoline price regulations
  • health care companies in litigation involving allegedly fraudulent kick-back schemes
  • education company in litigation involving alleged violations of the federal antitrust laws
  • criminal defendants in post-conviction proceedings before state and federal courts

Cross-Border Transactions

  • state-owned electric and water utility in Abu Dhabi regarding power supply contracts, fuel supply agreements, and load dispatch center ownership models
  • South Korea’s third largest conglomerate regarding strategies for acquiring physical gas, gas hedges, gas transportation, and gas liquefaction capacity in Texas
  • Largest state-owned natural gas processing and distribution utility in India regarding an investment in natural gas liquefaction capacity in Virginia
  • Abu Dhabi company purchasing wind farm in Minnesota
  • Omani power procurement authority in connection with the procurement of wholesale power
  • state-owned power and water utility in Abu Dhabi in connection with power and water supply contracts
  • U.S. Trade Development Agency regarding the development of natural gas resources in China

Project Development

  • private investors in connection with the development of utility scale solar, wind, biofuel, and/or conventional power projects
  • electric utility in connection with breach of contract claims against construction contractor
  • end users regarding self-supply strategies including solar, wind, cogeneration, and conventional power projects
  • gas and electric utilities in connection the development of gas transportation assets to supply existing generation facilities
  • electric utility in connection with the development of a high voltage transmission line to interconnect the two utilities and facilitate the development of renewable energy resources

Mergers and Acquisitions

  • private equity funds in connection with various electric utility mergers
  • vertically integrated utilities in connection with purchases and sales of generation assets, including coal-fired generation, natural gas fired generation, and renewable energy projects
  • bidder in connection with the proposed purchase and sale of an LNG import and export terminal
  • industry participants regarding the purchase and sale of environmental products (renewable energy credits)
  • industry participants regarding the purchase and sale of energy efficiency and demand response products
  • hedge fund regarding trading in financial derivatives, including transmission congestion products
  • state-owned electric and water utility in Abu Dhabi regarding power supply contracts, fuel supply agreements, and load dispatch center ownership models
  • South Korea’s third largest conglomerate regarding strategies for acquiring physical gas, gas hedges, gas transportation, and gas liquefaction capacity in the U.S.
  • intervenor in connection with a PJM member’s proposed corporate reorganization (including the proposed transfer of generation assets from utility affiliates to a marketing affiliate, proposed affiliate contracts for the purchase and sale of energy, and proposed termination of a power pool agreement)

Energy Resource Planning

  • gas and electric utilities in connection with the development and approval of power procurement strategies, fuel procurement strategies, and risk management strategies involving fixed price contracts, tolling contracts, call options, put options, and the use of indices and swaps
  • electric utilities in connection with the development of long-term integrated resource plans which addressed, among other issues, generation acquisitions and retirements, transmission congestion, energy efficiency programs, demand-side management plans, smart meter deployment, subsidization of low income customers, and resource optimization strategies

Cost-of-Service Rates

  • private equity fund in connection with the abandonment of a nuclear power project
  • shippers in numerous matters involving natural gas pipeline transportation rates
  • electric utility in connection with an application for a $245.5 million increase in annual revenue requirements
  • electric utility in connection with an application for a $34.8 million increase in annual revenue requirements
  • gas utility in connection with an application for a $4.8 million increase in annual revenue requirements
  • electric utility in connection with an application to recover $588 million in fuel costs, $662.3 million purchased power costs, $11 million in renewable energy costs and $11 million in demand response costs, and for deviations from applicable regulations to levelize rates
  • electric utility in connection with an application to recover $294 million in fuel costs, $130.5 million in purchased power costs, $10.7 million in renewable energy costs and $10.7 million in demand response costs
  • gas utility in connection with an application to recover $137 million in fuel costs
  • electric utility in connection with an application to recover $756 million in fuel costs, $672 million in purchased power costs, $4.2 million in renewable energy costs and $1 million in demand response costs
  • electric utility in connection with an application to recover $283 million in fuel costs, $291 million in purchased power costs and $6 million in renewable energy costs
  • gas utility in connection with an application to recover $149 million in fuel costs
  • competitive retail electric service supplier in connection with an electric utility’s application under Section 205 of the Federal Power Act to increase generation capacity rates
  • transmission owner in connection with the cost of its departure from an organized electric market (MISO)

Market-Based Rates

  • electric utilities in applications to the Federal Energy Regulatory Commission for market-based rate authority
  • market participants in connection with a multi-year investigation by the Federal Energy Regulatory Commission, ultimately resolved by the U.S. Supreme Court, involving manipulative power procurement practices
  • vertically-integrated utilities in connection with affiliate transactions

Terms and Conditions of Gas Pipeline Service

  • electric utility in connection with an interstate natural gas pipeline’s non-compliance with FERC policies regarding reservation charge credits
  • electric utility in connection with an interstate natural gas pipeline’s request for approval of revised tariff sheets governing scheduling priorities and curtailment policies
  • electric utility in connection with an interstate natural gas pipeline’s request to revise its form of service agreements
  • electric utility in connection with an interstate natural gas pipeline’s request to revise the credit provisions in its tariff
  • electric utility in connection with an interstate natural gas pipeline’s request to file an entirely new FERC gas tariff
  • electric utility in connection with an interstate natural gas pipeline’s request to revise the capacity release provisions of its tariff
  • electric utility in connection with an interstate natural gas pipeline’s request for approval of 107 nonconforming service agreements

Terms and Conditions of Electric Transmission Service

  • private investor regarding the development of an offshore transmission project
  • electric utility regarding the development of a transmission project to interconnect two utilities and promote the development of new renewable energy projects
  • solar, wind, and conventional project developers in connection with interconnection studies and procedures and terms and conditions of interconnection service
  • electric utility regarding FERC Order 1000, a landmark order which concerns transmission planning and cost allocation by transmission owning and operating electric utilities
  • wind generation developer in connection with a dispute under a small generator interconnection agreement

Rulemakings

  • affiliated gas and electric utilities in connection with an investigation regarding natural gas hedging practices
  • affiliated electric utilities in connection with resource planning regulations and the analysis of low-carbon alternatives
  • affiliated electric utilities in connection with an investigation of their resource optimization and trading strategies

EMPLOYMENT

Law Office of Julia E. Sullivan, LLC

2015-Present

Akin Gump Strauss Hauer & Feld LLP

Equity Partner, 2011-2014

Chair, Energy Regulation, Markets & Enforcement Practice (2012 to 2014)

Steering Committee of the Global Energy & Transactions Practice (2013 to 2014)

Law Office of Julia E. Sullivan, LLC

2003-2011

Sidley Austin Brown & Wood

1994-2003

Partner, Economic Litigation Department (1996-2003)

Associate, Economic Litigation Department (1994-1996)

McKenna & Cuneo

1992-1994

Associate, Antitrust Department

Skadden Arps Slate Meagher & Flom, LLP

1988-1992

Associate, Energy Department

TEACHING EXPERIENCE

International Black Sea University, Tbilisi, Republic of Georgia

Fall 2018

Visiting Professor, International Arbitration

Berdyansk State Pedagogical University, Berdyansk, Ukraine

Fall 2016

Visiting Professor, International Energy Policy

Lublin School of Technology, Lublin, Poland

Fall 2015

Visiting Professor, Energy & Environmental Law

Georgetown Law Center, Washington, D.C.

2001-2007

Adjunct Professor, Death Penalty Law

EDUCATION

LLM (Transnational Commercial Transactions), Lazarsky University (Poland), 2017

J.D., American University, Washington College of Law, summa cum laude, 1988

B.A., Texas A&M University, cum laude, 1985

SPEAKING ENGAGEMENTS

  • “Naftogaz v Gazprom: Russia’s Weaponization of Energy,” Center for Energy, Petroleum and Mineral Law, University of Dundee, Scotland (4/4/18)
  • “Cyber Attacks in Ukraine Show Vulnerability of Traditional Power Grids,” Third World Climate Conference, Rome, Italy (10/19/17)
  • “Energy Security,” Zaporizhya National University, Zaporizhya, Ukraine (10/28/16)
  • “Energy Security,” Berdyansk State Pedagogical University, Berdyansk, Ukraine (10/21/16)
  • “U.S. Response to Climate Change,” Lublin School of Technology, Lublin, Poland (10/12/15)
  • “A Discussion on Federal Electric Transmission Policy & Practices – Changes Expected, Implications Going Forward,” sponsored by Goldman Sachs (12/12/14)
  • “The Utility of the Future,” a panel discussion sponsored by the New York City Bar Association, Energy Section (5/1/14)
  • “Energy Enforcement: Outlook for 2014,” a round table discussion sponsored by the Energy Bar Association (1/30/14)
  • “Reliability and Reliability-Related Enforcement Actions,” a panel discussion sponsored by the Energy Bar Association (1/30/14)
  • “Navigating the Complexities of Dodd-Frank: A Second Look at What Energy Companies Face in 2012,” a panel hosted by Akin Gump (06/21/2012)
  • “Navigating the Complexities of Dodd-Frank: A Look at What Energy Companies Face in 2012,” a panel hosted by Akin Gump, The Brattle Group and PwC (02/09/2012)
  • “Gas Pipeline ‘Overearnings’ Investigations,” at the NARUC Gas Subcommittee (07/08/2011)
  • “Credit Impact of FERC Policies Regarding Creditworthiness,” a panel hosted by the North American Power Credit Organization (01/21/2010)

PUBLICATIONS

December 2018 “Gas Wars in Ukraine Illustrate Europe’s Vulnerability to Russian Energy Dominance”

Joint Publication by International Oil, Gas & Energy Dispute Management (OGEL 5) and Transnational Dispute Management (TDM 7)

April 2018 “Naftogaz v Gazprom: Russia’s Weaponization of Energy”

Berdyansk State Pedagogical University, International Research Conference

April 2017 “How Cyber-Attacks in Ukraine Show the Vulnerability of the US Power Grid”

Electricity Journal

Spring 2015 “The Intersection of Federally Regulated Power Markets and State Energy and Environmental Goals”

26 Fordham Environmental Law Review 474

October 6, 2014 “DOE Approval Process for LNG Exports Creates Risks for Project Developers”

Oil & Gas Journal

June 11, 2014 “FERC Seeks en banc Review of D.C. Circuit’s Demand Response Decision”

Speaking Energy

August 2014 “NERC’s Reliability Assurance Initiative:  What Registered Entities Can Do”

Natural Gas & Electricity Journal

June 20, 2014 “FERC Announces New Approach for Determining the Return on Equity for Electric Utilities”

Speaking Energy

June 4, 2014 “EPA Proposal Sets Ambitious Carbon Reduction Goals for Power Sector; Creates Challenges and Opportunities for Industry”

Speaking Energy

May 23, 2014 “D.C. Circuit Vacates FERC’s Controversial Demand Response Rule”

Speaking Energy

May 16, 2014 “FERC Sets Enforcement Case Against BP for Hearing, Takes Expansive View of Jurisdiction to Enforce Anti-Manipulation Rule”

Speaking Energy

May 8, 2014 “Mexico Energy Reform – Secondary Legislation Submitted to Congress”

Speaking Energy

March 2014 “Why End Users Are Investing (Big) in Distributed Generation”

Electricity Journal

January 2014 “Navigating the FERC Enforcement Process” from Inside the Minds: Complying with Energy and Natural Resources Regulations”

Thomson Reuters

November 4, 2013 “Regulatory Uncertainty Remains in Energy Markets”

New York Law Journal

June 14, 2013 “Seventh Circuit Approves Regional Allocation of Transmission Costs for Delivering Remote Wind Energy”

Speaking Energy

May 21, 2013 “DOE Breaks the Logjam on LNG Export Applications”

Speaking Energy

April 4, 2013 “CFTC Mostly Exempts ISO Markets from Dodd-Frank Regulation”

Speaking Energy

March 19, 2013 “Congress Considering Amendments to Dodd-Frank to Soften the Impact on Utility Companies”

Speaking Energy

March 15, 2013 “Federal Court Rules FERC has no Authority to Police Natural Gas Futures Trading”

Speaking Energy

March 1, 2013 “FERC Convenes Technical Conference on Coordination Between Natural Gas and Electricity Markets”

Speaking Energy

February 27, 2013 “FERC Extends Order No. 1000 Interregional Compliance Filings Deadline to July 2013”

Speaking Energy

February 15, 2013 “FERC’s U-Turn on Transmission Rate Incentives”

Speaking Energy

January 18, 2013 “FERC Proposes Reforms to Small Generator Interconnection Procedures and Agreement”

Speaking Energy

September 25, 2012 “FERC Issues New Oil Pipeline Rules Designed to Make It Easier to Track Jurisdictional Oil Pipeline Earnings”

Speaking Energy

August 1, 2012 “FERC Conditionally Accepts CAISO Generator Interconnection and Deliverability Allocation Procedures Proposal”

Speaking Energy

July 17, 2012 “CFTC Rule Provides Dodd-Frank Exclusions for Energy Companies”

Speaking Energy

March 8, 2012 “FERC Workshop on Capacity Allocation for New Merchant Transmission Projects and New Cost-Based, Participant-Funded Transmission Projects”

Speaking Energy

February 9, 2012 “FERC Conditionally Accepts Revisions to CAISO Generator Interconnection Process”

Speaking Energy

February 6, 2012 “Dodd Frank Compliance for Oil and Gas Companies”

Oil & Gas Monitor

April 2011 “Recovery of Executive Compensation Expenses in Utility Rate Cases”

The Electricity Journal

April 2006 “Ex Ante or Ex Post? Risk, Hedging and Prudence in the Restructured Power Business”

The Electricity Journal

BAR ADMISSIONS

District of Columbia

Maryland

Nevada

COURT ADMISSIONS

U.S. Supreme Court

U.S.C.A. 4th Circuit

U.S.C.A. 5th Circuit

U.S.C.A. 10th Circuit

U.S.C.A.11th Circuit

U.S.C.A. D.C. Circuit

U.S.D.C., District of Columbia

AWARDS

Top Rated Lawyer for Ethical Standards and Legal Ability, Martindale Hubbell, 2014

Top Utility Lawyer, Public Utilities Fortnightly, 2011

COMMUNITY ACTIVITIES

  • Fellow, Chartered Institute of Arbitrators (2017 to present)
  • Member, United States Council for International Business (2018 to present)
  • Member, International Bar Association (2018 to present)
  • Member, Fulbright Specialist Roster (2015 to present)
  • Board Member (2002-2006), Chair (2003-2004), Executive Director (2001-2002), Mid-Atlantic Innocence Project at American University, Washington College of Law
  • Steering Committee, Innocence Project for Virginia (2003-2005)
  • Board Member, Washington Council of Lawyers (2001-2004)
  • Board Member, Annapolis Opera (2000-2002)

March 2019