Areas of Practice
Education
  • Georgetown University Law Center, J.D., 1973, Editor, Georgetown Law Journal
  • University of Virginia, M.A., English, 1969
  • Bowdoin College, B.A., with honors, 1968
Bar & Court Admissions
  • District of Columbia
  • US Supreme Court

Douglas G. Green

Partner
1330 Connecticut Avenue, NW
Washington DC 20036
TEL: +1 202 429 6212
FAX: +1 202 429 3902

Doug Green has long been recognized as one of the nation’s leading lawyers in handling major competition and litigation issues in the electric power industry. Described by Chambers as “the definitive energy antitrust litigator,” and “a standout in the area of regulatory law and representation,” Doug has achieved an extensive record of victories in many forums. He is successful as both plaintiff’s and defense counsel for major utilities in antitrust and commercial litigation involving billions of dollars. Doug has guided clients through a number of the landmark mergers and competitive restructurings in the industry, and has successfully defended numerous high-profile government investigations. Clients managing antitrust and competition issues, allegations of misconduct, regulatory restructuring, M&A transactions, and similar matters turn to Doug for his rare combination of industry knowledge, strategic insight, and ability to bring about outstanding results.

Doug’s practice covers the entire spectrum of antitrust, litigation, regulatory, and counseling matters affecting competition and commercial ventures in the power industry. Doug’s practice highlights include his successful defense of the largest Department of Justice (DOJ) Antitrust Division competition investigation the power industry has seen in 10 years. He won summary judgment in a federal district court class action seeking billions of dollars and claiming that the Illinois power auction had been affected by price-fixing. Doug has recovered over $800 million dollars for major utilities in co-owners’ litigation involving power plants, and defended Southern California Edison Company in a billion dollar RICO and breach of trust case brought by the Navajo Nation involving the Mohave Generating Station. He has a perfect track record in obtaining merger approvals from the federal antitrust authorities. In addition to these and similar successes, Doug is currently representing various major power companies in regulatory restructuring and related competition matters concerning distributed generation and solar power.

Representative Matters

  • Defending Eversource in federal antitrust class action alleging that natural gas transportation capacity was withheld from generation rivals in order to drive up wholesale electricity prices.
  • Representing a major utility vis-à-vis allegations of anticompetitive interference with the construction of a power plant.
  • Representing several major utilities in connection with retail regulatory restructuring related to distributed generation and other emerging technologies and competition.
  • Representing a major utility in connection with state legislation purporting to establish rates for power sales by solar rooftop facilities.
  • Defended Entergy Louisiana victoriously against Occidental Chemical Corp. in federal court in Baton Rouge. The litigation involved claims of Public Utility Regulatory Policy Act (PURPA) violations, breach of contract, and bad faith dealing. Doug obtained dismissal of all claims. Success in the matter eliminated a threat to Entergy’s operations in the Mid-Continent Independent System Operator RTO (MISO) estimated to save Entergy’s customers hundreds of millions of dollars.
  • Represented Arizona Public Service Company successfully in seeking DOJ Antitrust Division action challenging the merger between Energy Solutions and WCS. The merger threatened to raise APS’s cost of waste disposal from the Palo Verde nuclear plant. The client, with support from Steptoe, served as lead witness at trial and the merger was blocked by an Order of the federal district court in Columbus in June 2017.
  • Obtained dismissal on the merits, on behalf of Edison Mission Marketing & Trading, of antitrust class action lawsuits alleging billions of dollars in damages from collusion in the Illinois power auction.
  • Defended successfully the largest DOJ Antitrust Division investigation in the electric power industry in the last 10 years. After more than two years of investigation and review of millions of documents, the DOJ readied to bring a landmark monopolization case challenging our client utility’s generation procurement and transmission planning practices, and seeking divestiture. After Doug presented the client’s factual and economic case to Antitrust Division management, DOJ elected not to go forward.
  • Obtained FERC approval on rehearing of the $32 billion Duke Energy/Florida Progress merger after Steptoe was brought in to deal with allegations of misconduct concerning the competition analyses in the merger application.
  • Represented GIC, the infrastructure investment fund of the Government of Singapore, in multiple state proceedings and at FERC concerning the successful acquisition of a $1 billion interest in ITC.
  • Represented Entergy Corp in connection with its successful negotiation and regulatory and HSR approvals re the sale of the Fitzpatrick nuclear power plant to Exelon Corp.
  • Represented Southern California Edison Company in favorably resolving litigation brought by the Navajo Nation and seeking over a billion dollars in damages due to alleged RICO violations and inducement of a breach of trust concerning the coal lease royalty payments for the Mohave generating station.
  • Represented PSE&G successfully in federal court cases involving its co-owners concerning the operation of the Peach Bottom and Salem nuclear plants and involving damages claims of hundreds of millions of dollars. Ultimately, Doug negotiated amendments to the owners’ agreements for these plants which eliminated the threat of similar future lawsuits for all parties.
  • Obtained closure, with no enforcement action, of numerous Department of Justice Antitrust Division investigations, including alleged price fixing in the capacity market in the RTO New England, potential gun-jumping in a major utility M&A transaction, alleged price fixing concerning service to electric vehicles, alleged restraints in providing transmission service, and the legality of certain tolling agreements between a utility and a major power trader.

Noteworthy

  • Legal 500 US, Energy: Litigation, 2010-2013; 2015-2017
  • Chambers USA, Energy: Electricity, Regulatory & Litigation, (Nationwide), 2008-2017
  • Band 1, Chambers Global, Energy: Electricity, Regulatory & Litigation, (US), 2014-2016
  • Best Lawyers in America, Energy Law and Natural Resources Law, 2006-2017
  • Washington, DC Super Lawyers, Energy and Resources, 2013-2017
  • Chambers Global, Energy: Electricity, Regulatory & Litigation (US), 2008-2013
  • Who’s Who in American Law
  • Who’s Who Among Top Professionals Worldwide

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Selected Publications