Nic Gladd represents clients in complex transactional, regulatory, and litigation matters spanning the energy industry. Nic is experienced in structuring and negotiating commercial agreements for energy projects and operating assets, counseling on power market design and cost-of-service ratemaking, and representing clients before administrative agencies and appellate courts.

Prior to joining Pierce Atwood, Nic was of counsel in the Energy & Infrastructure practice in the Washington, D.C. office of a large international law firm. In that role, he advised clients on over 40 energy and infrastructure transactions worth more than $25 billion in capital, represented clients in numerous regulatory proceedings, and advised executive and senior management on legal and commercial risks.   

Before that, he held several high-level positions at the Federal Energy Regulatory Commission (FERC). Nic served as legal advisor to FERC Chairman Kevin J. McIntyre and Commissioner Tony Clark, providing counsel on matters involving organized wholesale electricity markets, natural gas and oil pipeline rates and infrastructure, North American Electric Reliability Corporation standards, electric transmission rates, and generator interconnection rules. 

Prior to joining Chairman McIntyre’s staff, Nic was a litigation attorney in FERC’s Solicitor’s Office, where he defended FERC in the U.S. Court of Appeals for the D.C. Circuit and in U.S. district courts. Nic litigated many high-profile cases concerning forward capacity markets, power generation and interconnection, interregional transmission planning, natural gas pipeline certificates and rates, and hydropower facility licensing.

Honors & Distinctions
  • Recognized for Energy Litigation: Oil and Gas by The Legal 500, United States (2019)
Professional Activities

Energy Bar Association:

  • Member, Board of Directors (2021-present)
  • Chair, Demand-Side Resources/Smart Grid Subcommittee (2017-2018)
  • Chair, Electricity Committee (2015-2016)
  • Vice Chair, Electricity Committee (2014-2015)

Practice Areas

Representative Experience

Nic's energy regulatory experience in private practice includes:

  • Represented an independent power producer in a FERC proceeding concerning the modernization of the wholesale markets ISO New England, Inc. to address resource adequacy and state policies
  • Counseled a major technology company on FERC and CFTC compliance and commercial matters
  • Represented energy companies in non-public FERC enforcement investigations
  • Represented independent power producers in multiple FERC proceedings concerning market design changes to ISO New England, Inc.’s and PJM Interconnection, L.L.C.’s forward capacity markets
  • Counseled owners and developers of PURPA qualifying facilities on federal and state regulations and compliance obligations
  • Represented an independent power producer in a FERC proceeding involving the recovery of costs to comply with certain Critical Infrastructure Protection reliability standards
  • Represented the owner of a generation facility in obtaining FERC approval, pursuant to Section 203 of the Federal Power Act, to restructure the facility’s debt
  • Assisted an independent power producer in obtaining FERC approval for the acquisition of a generating facility pursuant to Section 203 of the Federal Power Act

While at FERC, Nic provided counsel to the Chairman and worked with staff and other Commissioners to issue hundreds of agency orders addressing a broad range of matters including:

  • A groundbreaking agency rulemaking concerning participation of electric storage resources and aggregated distributed energy resources in RTO/ISO markets
  • Reforms to the ISO New England and PJM Interconnection capacity markets in response to state policies supporting preferred generation resources
  • Certification of natural gas pipelines under the Natural Gas Act and associated obligations under the National Environmental Policy Act, with particular emphasis on climate change considerations
  • Issues related to the resilience of the bulk power system, including ISO New England’s first-of-its-kind proposal to compensate resources for their fuel security value
  • Tax-related matters involving the electric, natural gas, and oil industries, including regulatory changes in response to the Tax Cuts and Jobs Act
  • FERC's policies concerning electric infrastructure investment, including public utilities’ return on equity and transmission incentives
  • Multiple reliability-related rulemakings, including standards for supply chain risk management and reactive power requirements for non-synchronous generators
  • Corporate merger applications under FPA Section 203, and related interagency communications with U.S. Department of Justice
  • ISO New England’s pay-for-performance capacity market proposal, which established the nation’s first performance-based capacity market construct
  • A proceeding concerning $1.27 billion of out-of-market compensation for a nuclear generation facility needed to maintain the reliability of the bulk power system
Representative Experience

Nic advises a range of solar, energy storage, LNG, and gas-fired generation developers, sponsors, financiers, and investors on the federal and state energy regulatory aspects of transactions, including:

  • Counseled a technology company on the development of a utility-scale battery storage project co-located with an operating solar generation facility, and drafted and negotiated necessary commercial agreements
  • Counseled a global impact investing platform on its acquisition of a majority stake in the leading independent marketer of renewable natural gas and environmental commodities in North America
  • Counseled a large provider of infrastructure solutions to utilities in the U.S. in connection with a majority investment by a private equity firm
  • Represented a global alternative asset manager in its agreement with an infrastructure investor to acquire a large share of a Texas-based LNG energy company, for a total purchase price of approximately $7 billion
  • Represented a special committee of the board of directors of a company that owns and operates a 4200 MW renewable power portfolio in the company's merger agreement with a global alternative asset manager
  • Represented a global investment business in its acquisition of a North American battery-storage developer
  • Represented a leading global consulting, engineering, and construction management firm in its acquisition of a distributor of energy services to electric and gas utility customers
  • Represented the owner of a coal-fired power plant with its prepackaged Chapter 11 bankruptcy proceeding to restructure approximately $355 million in funded debt
  • Represented lenders in an approximately $1.27 billion refinancing for an LNG train at the largest U.S. LNG export facility
  • Represented one of the largest, privately held exploration and production companies in the United States in its $5.6 billion acquisition of a multinational oil and gas company’s upstream and midstream business in Alaska
  • Representing the lenders, led two large international banking and financial services companies in connection with the financing of a 644 MW gas-fired power project in New Jersey
Representative Experience

Nic represented FERC in numerous matters before the D.C. Circuit, including:

  • Orders involving ISO New England’s and PJM Interconnection’s forward capacity market rules, including PJM’s approximately $10 billion per year performance-based capacity market construct
  • Orders addressing the Midcontinent Independent System Operator’s compliance with Order No. 1000 regarding transmission planning and cost allocation
  • Orders concerning cost allocation rules for electric generators, including liability for transmission network upgrades and operations necessary to maintain bulk power system reliability
  • Orders on natural gas pipeline certificates and associated NEPA reviews
  • Opposing a petition for writ of mandamus concerning the relicensing of a hydropower facility

In addition, Nic:

  • Defended an independent power producer against complaints filed with FERC and in U.S. district court concerning the plant's station power
  • Counseled clients on, and assisted in drafting, petitions for writs of certiorari before the U.S. Supreme Court
  • Represented FERC Chairman in discussions with Office of the U.S. Solicitor General regarding certiorari petitions
  • On behalf of the FERC Chairman, directed FERC staff and outside counsel from U.S. Department of Justice in litigation concerning a high-profile public utility bankruptcy proceeding