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Michael N. McCarty Law Office PLLC

More than three and a half decades of legal practice experience.
Law Office with a special emphasis on hydroelectric licensing and compliance,
electric energy regulation, water resources development and regulation,
the Endangered Species Act, and related civil and administrative litigation.

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Michael N. McCarty

Focusing on Water and Energy Law with special emphasis on

Hydroelectric Power
Federal Power Resources
FERC Wholesale Electric and Transmission Tariffs
Healthcare / Professional Associations
Hydroelectric Power

Hydroelectric Power

The firm represents municipal and cooperative utilities, special districts, and independent power producers in all aspects of hydroelectric power regulation and development.

The firm represents municipal and cooperative utilities, special districts, and independent power producers in all aspects of hydroelectric power regulation and development.  Since 1980, Michael McCarty has represented clients in hydropower licensing and compliance proceedings before the Federal Energy Regulatory Commission (FERC) and other authorities including federal and state fish and wildlife agencies, the U.S. Departments of the Interior, Agriculture, and Commerce, and various bureaus within those departments.  In recent years, the firm’s work in hydroelectric licensing and relicensing has increasingly involved issues arising under the Endangered Species Act and in connection with water quality certifications under Section 401 of the Clean Water Act.

In addition to the regulatory aspects of hydropower, Mr. McCarty has considerable experience on the transactional side.  He recently negotiated contracts securing a client’s right to develop hydroelectric generating facilities at a dam owned by a third party, including agreements establishing the business relationship between the project developer and the dam owner, agreements for acquisition of necessary property rights, and contracts for coordinated operations of power generation and reservoir water supply functions.  He also has helped clients negotiate contracts with engineering, procurement and construction (EPC) contractors and various other vendors of equipment, products, and consulting services. 

Michael also has helped secure tax-advantaged financing of new hydropower development, including multiple successful applications for allocation of New Clean Renewable Energy Bonds volume cap under the American Recovery and Reinvestment Act of 2009.

Federal Power Resources

Mr. McCarty represents a number of political subdivisions and cooperative utilities that purchase power generated at U.S. Government dams and marketed by federal power marketing administrations (PMAs), including the Western Area Power Administration (WAPA) and the Southwestern Power Administration (SWPA).

Mr. McCarty represents a number of political subdivisions and cooperative utilities that purchase power generated at U.S. Government dams and marketed by federal power marketing administrations (PMAs), including the Western Area Power Administration (WAPA) and the Southwestern Power Administration (SWPA).  This practice involves participation in administrative processes in which the PMA establishes power marketing plans and rate schedules; negotiating power supply contracts and related agreements with PMAs; and securing rights to wholesale transmission and distribution service for delivery of federal power to end users.  The practice also includes contracting with PMAs and federal generating agencies (U.S. Army Corps of Engineers; U.S. Bureau of Reclamation) to provide advance customer funding for rehabilitation, replacements and upgrades to government-owned hydropower infrastructure.

Federal Power Resources
FERC Wholesale Electric and Transmission Tariffs

FERC Wholesale Electric and Transmission Tariffs

The firm represents wholesale power purchasers and transmission-dependent utilities in rate and tariff proceedings under Part II of the Federal Power Act.

The firm represents wholesale power purchasers and transmission-dependent utilities in rate and tariff proceedings under Part II of the Federal Power Act.  Mr. McCarty has represented several transmission dependent utilities in FERC proceedings to secure access to wholesale distribution service at just and reasonable rates from regulated utilities.

Healthcare / Professional Associations

As general legal and legislative counsel to American Medical Technologists (AMT), Mr. McCarty provides a wide variety of services that involve areas of healthcare, commercial, employment, tax-exempt organizations, and association law, as well as public policy advocacy.

 

The firm regularly monitors and advocates on legislative and regulatory issues affecting AMT’s membership – clinical laboratory professionals, registered medical assistants, and related allied health personnel.  Policy issues typically handled by Mr. McCarty include federal and state regulation of diagnostic laboratory testing, Medicare reimbursement policies for clinical laboratory services, state licensure of laboratory personnel, and state laws affecting the practice scope of medical assistants.

Healthcare / Professional Associations

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