Tracy C. Davis
Associate
T: 206.204.6223
Elizabeth Acuna
202.828.5800 x3743
Tracy Davis counsels and represents electric energy, natural gas, and hydroelectric clients in regulatory proceedings and disputes before the Federal Energy Regulatory Commission (FERC), the Department of Energy (DOE), the Commodity Futures Trading Commission (CFTC), and federal district and appellate courts. She also concentrates on matters of international law and participation by foreign energy companies in the U.S. market, and her practice includes issues arising under the North American Free Trade Agreement and Foreign Sovereign Immunities Act.
Ms. Davis works on matters such as advising clients on rules and tariffs of organized markets, energy transactions both in and out of restructured markets, the regulatory aspects of commercial transactions, imports and exports of electricity, and federal energy rulemaking proceedings. She also follows the regulation of derivatives, and in particular, its impact on energy industry participants.
Representative Matters
Represents electric power marketers with respect to market-based rate and open access transmission issues, including participation in FERC proceedings relating to regional transmission organizations' tariff development and FERC rulemakings.
Represents electric power marketer and importer before FERC in complex energy litigation matters, including ongoing proceedings regarding 2000-2001 California energy crisis.
Represents and advises various electric power clients on their compliance with the requirements of the Federal Power Act, the Public Utility Holding Company Act, and North American Electric Reliability Corporation (NERC) and regional reliability organizations' reliability standards and procedures.
Represented generation owners in negotiating generator interconnection agreements.
Advised transmission developers on federal and state regulatory requirements in connection with development of merchant transmission facilities.
Represented municipal utility in contested ratemaking proceedings.
Represented group of energy market participants in CFTC rulemaking proceedings relating to establishment of federal speculative position limits.
Represented international power marketer before DOE in contested proceedings to renew DOE export authorization.
Represented environmental advocacy group in successful appeal of FERC rulemaking proceeding to US Court of Appeals.
Selected Publications
"FERC Moves to End Price Cap on Transmission Reassignments," Energy Legal Blog, May 4, 2010.
"Proposal Ratchets Down on Credit in Organized Wholesale Power Market," Energy Legal Blog, Feb. 11, 2010.
"CFTC Proposed Speculative Position Limits for Energy Contracts," Energy Legal Blog, Jan. 22, 2010.
"FERC Clears Reliability Standard Enforcement Cases," Energy Legal Blog, Dec. 4, 2009.
"NIST Seeks Public Comment on Smart Grid Framework," Energy Legal Blog, Sept, 29, 2009.
"Breaking Ground Without Lifting a Shovel: Ecuador's Plan to Leave Its Oil in the Ground," Houston Journal of International Law, Vol. 30, p. 243, Spring 2008.
Education
J.D., with high honors, Order of the Coif, The University of Texas School of Law, 2004
B.A., highest honors, Phi Beta Kappa, The University of Texas at Austin, 2001
Bar Admissions
District of Columbia
Texas
Court Admissions
U.S. Courts of Appeals for the 9th and District of Columbia Circuits
Affiliations
Energy Bar Association
District of Columbia Bar Association
State Bar of Texas