Andrew O. Kaplan

Andrew Kaplan focuses his practice on providers of energy storage, demand response, ancillary services, and electricity and gas transmission and supply, both in the wholesale and retail markets. He regularly represents clients before the Federal Energy Regulatory Commission (FERC) and Independent System Operators/Regional Transmission Operators (NYISO, ISO-NE, PJM, Midcontinent ISO, California ISO, SPP and ERCOT), and many state public utility commissions. Andrew has won significant rulings before FERC that helped to pave the way for growth among leaders in the energy storage industry.

With more than 25 years of energy law experience, Andrew acts as a strategic advisor to companies seeking private equity, venture capital, and government loans, and provides legal and business guidance to help obtain key U.S. Department of Energy (DOE) loans, state grants, and incentive tax credits/production tax credits for renewable projects. He also helps facilitate the approval process for federal, state, and local permits, assuring compliance with state siting and grid interconnection requirements.

Andrew’s unique experience as both a private practice attorney and as general counsel and chief of staff with the Massachusetts Department of Telecommunications and Energy (now the Department of Public Utilities) 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. 

Professional Activities
  • Energy Storage Association
  • New England Conference of Public Utility Commissioners
  • National Association of Regulatory Commissioners; Committees on Law, Electricity and Natural Gas
  • Boston Bar Association Telecommunications and Energy Committee
  • American Bar Association Committee on Administrative Law
  • Vice Chair, City Year Legal Community Leadership Committee
  • 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
  • Represent the Energy Storage Association and individual energy storage companies before FERC on critical industry issues including pay for performance, accounting principles, provision of services, interconnection rules, etc.
  • Represent battery storage developers at FERC on 206 discrimination claims
  • Represent energy storage companies before FERC and state regulatory agencies to ensure storage facilities are allowed to operate on the nation’s grids and receive payment for the value of their services
  • Represent Smart Wires before FERC and the California Public Service Commission on issues pertaining to new transmission facilities
  • Represent an anaerobic facility before the Massachusetts Department of Public Utilities
  • Represent National Grid on issues pertaining to siting and zoning
  • Represent NEC Energy Solutions before state regulatory agencies to design Massachusetts projects
  • Represent Via Science before FERC, the DOE and state regulatory agencies to design pilot and full revenue causal analytic projects