FutureGen Industrial Alliance

The firm serves as outside general counsel to the FutureGen Industrial Alliance, Inc., a private sector participant leading a public-private partnership with the U.S. Department of Energy to develop a commercial scale near zero-emission oxy-combustion power plant with CO2 capture and deep geologic CO2 storage.  The Alliance’s members consist of international leaders in the coal and coal related sectors.  In the last year, the firm has been actively engaged in several significant regulatory matters on behalf of the Alliance.  In particular, in December 2012, the firm secured approval from the Illinois Commerce Commission (ICC) of the Alliance’s Power Purchase Agreement (PPA).  This hard-fought ruling allows for cost recovery for the FutureGen 2.0 clean coal project by authorizing the Alliance to sell power from the project to all Illinois electricity customers.  The firm is now representing the Alliance in a subsequent ICC proceeding concerning various implementation issues related to the PPA.  Separately, the firm is pursuing a certificate of authority from the ICC to build an approximately 30-mile carbon dioxide pipeline from the FutureGen clean coal project to a sequestration site.