Electric and Gas Utility Mergers and Acquisitions: Structuring Deals, Navigating Regulatory Scrutiny

Recording of a 90-minute CLE webinar with Q&A


Conducted on Tuesday, March 6, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to counsel on the structuring of deals in the utility industry and the increased regulatory scrutiny that companies are facing. The panel will examine standards of regulatory review and how that standard has evolved as the industry has consolidated. The panel will also examine some of the most important regulatory commitments that have been included in recent transactions.

Description

The utility industry is experiencing a push toward consolidation and mergers and acquisitions are changing the industry landscape. Utilities involved in the consolidation process must be able to deal with numerous regulatory complexities and myriad contractual provisions in order to negotiate and close transactions. Counsel to the utilities will need to negotiate key agreement provisions regarding regulatory approvals, damages, breach, closing conditions and more.

When considering utility mergers, regulators have historically used the public interest standard of review. The factors vary by state for regulators in this review. Recently, however, regulators have considered whether the proposed merger will result in additional benefits or risks to the customers.

Another trend in utility mergers and acquisitions is the use of reverse break-up fees in deals. The use of these fees provides an incentive to the parties to obtain the necessary regulatory approvals to close the deal.

Listen as our authoritative panel discusses structuring deals in the utility industry and the increased regulatory scrutiny that companies are facing. The panel will discuss regulatory review (HSR, FERC, utility regulatory commissions) and regulatory commitments. The panel will also examine the standard of review and how that standard has evolved as the industry has consolidated.

READ MORE

Outline

  1. Structuring deals
    1. Key provisions
    2. Valuation
    3. Reverse break-up fees
  2. Regulatory scrutiny
    1. Standard of review
    2. Regulatory commitments
    3. Regulatory approval

Benefits

The panel will review these and other key issues:

  • What steps should counsel take to secure regulatory approval for a utility deal?
  • What remedies are available if one of the parties breaches the agreement?
  • What are best practices to avoid common pitfalls in structuring a utility merger or acquisition?

Faculty

Lamb, William
William S. Lamb

Partner
Baker Botts

Mr. Lamb advises companies on mergers, acquisitions and other strategic transactions. Many of his clients are in the...  |  Read More

McCarthy, Catherine
Catherine P. McCarthy

Partner
Bracewell

Ms. McCarthy has represented clients on energy regulation and policy matters for more than two decades. Her experience...  |  Read More

Rooney, John
John E. Rooney

Founding Partner
Rooney Rippie & Ratnaswamy

Mr. Rooney focuses on regulatory counseling, trials, state court proceedings and the development of regulatory and...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$297

Download

$297