Andrew Kaplan’s contributions to the energy industry have been nationally recognized. A leader in energy law and policy, he was a major architect of the current energy storage industry and an advocate for many of the regulations and rules that created today’s energy marketplace.

With over 25 years of experience from multiple perspectives, Andrew’s reputation as a trusted advisor and advocate has earned him credibility before federal and state regulators. As a former Chief of Staff and General Counsel at the Massachusetts Department of Public Utilities, he leverages his knowledge of the evolution of industry rules and competitive pressures to anticipate market trends, helping clients navigate next generation issues and working to develop, complete and operate energy projects using new technologies and industry paradigms.

More than a regulatory lawyer, Andrew is relied upon by boards of directors, C-suite executives, and senior management for strategic planning, business development and growth initiatives, regulatory affairs, governance, policy implementation and support of functions and operations company-wide. Having served as general counsel to a technology company, Andrew understands the business side of energy law.

He regularly represents clients before the Federal Energy Regulatory Commission (FERC), Independent System Operators/Regional Transmission Operators (NYISO, ISO-NE, PJM, Midcontinent ISO, California ISO, SPP and ERCOT), state public utility commissions, the U.S. Department of Energy and other governmental agencies to facilitate the approval process for federal, state, and local laws, regulations, and permits; assuring compliance with state siting requirements; and drafting and negotiating grid interconnection requirements.

Andrew’s unique experience in both the public and private sectors provides significant value to his clients by offering them a deep understanding of the regulatory process, and how regulators are likely to rule on particular issues. Given this background, Andrew is often asked to advise regulatory commissions globally on issues pertaining to electric deregulation and the maintenance of power quality criteria.

Honors & Distinctions
  • Recognized by Chambers USA for Energy & Natural Resources Law
  • Energy Bar Association State Regulatory Practitioner of the Year 2019
  • Massachusetts Governor’s Award for Professional Excellence 2002
Professional Activities
  • U. S. Energy Storage Association
  • New England Conference of Public Utility Commissioners
  • National Association of Regulatory Commissioners; Committees on Law, Electricity and Natural Gas
  • Former Chair, Boston Bar Association Telecommunications and Energy Committee
  • American Bar Association Committee on Administrative Law
  • Vice Chair, City Year Legal Community Leadership Committee
Publications
  • Author, "FERC Grants Edison's Wish: Opening Marketplace to Storage" Public Utilities Fortnightly, May 2018
  • Author, "Monetizing Energy Storage" Public Utilities Fortnightly, December 2016
  • Author, "State Tries to Jump-Start Energy Storage Sector" Banker & Tradesman, June 2015
  • Author, "Rev'd and Ready: New York Aims to Reform its Energy Vision" Public Utilities Fortnightly, May 2015

Practice Areas

Representative Experience
  • Facilitated the development and implementation of FERC rules and regulations pertaining to critical industry issues including pay for performance, accounting principles, provision of services, interconnection rules, etc.
  • Negotiated an innovative settlement agreement with PJM and a group of its market participants that resulted in payments to energy storage resources participating in grid-level frequency regulation markets
  • Represent energy storage companies before FERC, state regulatory agencies and the U.S. Court of Appeals for the DC Circuit to ensure storage facilities are allowed to operate on the nation’s grids and receive payment for the value of their services
  • Represent non-wires alternative companies before FERC, RTOs/ISOs, utilities and state quasi-judicial entities to help develop new transmission rules, including “Storage as a Transmission Only Asset”
  • Represented a Massachusetts company before the Massachusetts Department of Public Utilities to facilitate new procurement rules for energy storage
  • Represented global analytics company before FERC, the DOE and state regulatory agencies to design pilot programs and full revenue causal analytic projects
  • Represented community solar aggregator before the Massachusetts Department of Energy Resources to develop and ensure the implementation of emergency regulations that allowed developers to earn adders for providing solar to low-income customers
  • Represent energy storage company before the Massachusetts Energy Facilities Siting Board to develop and facilitate the construction of the largest stand-alone energy storage facility in the state
  • Led Massachusetts governmental relations efforts on behalf of large transmission development project