AREA OF PRACTICE

Energy, Utilities and Environmental

Biography

Phil Small is the Co-Practice Leader of the Firm's Energy, Utilities and Environmental Group. He has over 35 years of wide-ranging commercial and litigation experience in energy, public utility and environmental law.  His energy and public utility law experience includes siting and permitting, development, financing, acquisition, sales and purchases of renewable (solar, wind, hydro, biomass and fuel cell) and conventional electric generating facilities; engineering, procurement and construction (EPC) contracts; interconnection, equipment sales, and O&M agreements; wholesale and retail energy purchase and sales agreements; major commercial energy transactions, administrative and appellate litigation and utility ratemaking.  His environmental law experience includes air, hazardous waste, water litigation, enforcement, permitting, siting and counseling.

Phil represents electric, gas and other utilities, project developers and owners, exempt wholesale generators, natural gas pipelines, equipment manufacturers and vendors, retail utility suppliers and customers, and transportation and manufacturing companies   in a wide variety of federal and state energy regulatory, administrative litigation and commercial matters, and in environmental counseling, litigation and enforcement matters.  

Prior to joining Brown Rudnick, Phil was Assistant General Counsel for Northeast Utilities, where he was the primary attorney responsible for all environmental law matters and for significant public utility regulatory matters.

Awards

Representation

Successfully represented The Connecticut Light and Power Company (CL&P) in extended litigation that culminated in Second Circuit and Connecticut Supreme Court rulings that CL&P owned the renewable energy credits received by qualifying facilities with whom it had long-term energy purchase agreements.

Represented CPV Towantic LLC in obtaining Connecticut Siting Council approval and air permits for a 785 megawatt combined cycle generating facility an in successfully defending them from subsequent legal challenges.

Successfully defended Iroquois Gas Pipeline Company against environmental-related claims involved in a real-estate transaction.

Represents National Railway Passenger Association (Amtrak) in defending Comprehensive Environmental Response, Compensation and Liability Act and state law claims involving alleged PCB contamination.

Obtained Connecticut Siting Council approvals for renewable energy developers including SolarCity, Brightfields, Bloom Energy and Quantum Biopower.

Represented numerous renewable energy developers in siting, permitting contract negotiations, financing, acquisition and sales of solar and other renewable energy projects.

Represented renewable energy customers and hosts in negotiating power purchase agreements, leases and other agreements.

Represents energy service companies in regulatory and contractual matters, including negotiation of shared savings energy service contracts and of contracts to install cogeneration units.

Obtained favorable settlement for the City of Meriden, CT in administrative and state court litigation with NRG Energy of disputes involving a property tax agreement, decommissioning of a large power plant and the transfer of 400 acres of land to the City.

Represented a large manufacturing company in negotiating shared savings energy service agreements and agreements to purchase and sell renewable energy credits (RECs).  Obtained first  state regulatory approval for the use of out-of-state RECs in Connecticut.

Negotiated and obtained FERC approval of numerous electrical interconnection agreements for independent power producers and for electric utilities.  Obtained favorable settlements and FERC decisions for project developers and utilities in FERC interconnection agreement disputes.

Represented project developers in negotiating EPC contacts and other equipment supply and construction contracts for wind farms in Brazil and in Scotland.

Represented an interstate gas pipeline in state siting and permitting proceedings and federal district court litigation. Represented the owner of a large electric generating facility in multiple state siting proceedings involving proposed merchant electric transmission cables crossing Long Island Sound.  Subsequently, represented a separate merchant transmission developer.

Served as national energy counsel for a distributed generation equipment manufacturer.

Education

George Washington University – J.D., highest honors, Order of the Coif, 1978
George Washington University – M.A., Economics, 1979
University of Pennsylvania – B.A., summa cum laude, 1975

Bar Admissions

Connecticut
District of Columbia
Publications
Professional Affiliations
Awards and Honors
Community Involvement