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OVERVIEW

Douglas W. Everette
Of Counsel

Indianapolis, Washington, D.C.

11 South Meridian Street
Indianapolis, IN 46204-3535
1717 Pennsylvania Avenue N.W.
Suite 500
Washington, D.C. 20006-4623

P 317-231-7764

F 317-231-7433

OVERVIEW

Douglas W. Everette
Of Counsel

Indianapolis, Washington, D.C.

11 South Meridian Street
Indianapolis, IN 46204-3535
1717 Pennsylvania Avenue N.W.
Suite 500
Washington, D.C. 20006-4623

P 317-231-7764

F 317-231-7433

Douglas W. Everette is of counsel in Barnes & Thornburg's Indianapolis and Washington, D.C., offices and is a member of the Corporate Department and the Energy, Telecommunications and Utilities Practice Group.

OVERVIEW

Douglas W. Everette Of Counsel

Indianapolis

Washington, D.C.

11 South Meridian Street
Indianapolis, IN 46204-3535
1717 Pennsylvania Avenue N.W.
Suite 500
Washington, D.C. 20006-4623

P : 317-231-7764

Douglas W. Everette is of counsel in Barnes & Thornburg's Indianapolis and Washington, D.C., offices and is a member of the Corporate Department and the Energy, Telecommunications and Utilities Practice Group.

Douglas concentrates his practice on the representation of investor-owned utilities, independent power producers, renewable resources, municipalities, cooperatives, power marketers, industrials and power project developers on the energy regulatory aspects for the financing, development, acquisition and disposition of energy assets. His practice also focuses on representing telecommunications providers on transactional and regulatory matters and providing counsel respecting Dodd-Frank Act compliance for electric utilities, cooperatives and power marketers.

Douglas is experienced in addressing issues relating to the Federal Energy Regulatory Commission's (FERC) implementation of the Energy Policy Act of 2005 (EPAct 2005), participation in competitive wholesale energy markets, including auctions and the Day-Ahead and Real-Time energy and capacity markets in MISO, PJM, NYISO, ISO-NE, SPP, CAISO and the ERCOT regions. Douglas also counsels on RTO/ISO market rules development and interpretation, Order 1000 compliance, interconnection and wheeling matters, demand response, public utility holding company and affiliate dealings. He also is experienced in market-based tariff and cost-based rate filings.

He also counsels on hydroelectric licensing, permitting, due diligence and regulatory compliance matters. He actively advises on compliance with the reliability standards of the North American Electric Reliability Corporation (NERC), and compliance with FERC's Standards of Conduct and Affiliate Restrictions for transmission providers. Energy clients turn to Douglas for counsel on Natural Gas Act issues, annual reporting requirements, tariffs, pipeline and lateral extensions, storage, drafting of facilities agreements. He serves as regulatory compliance counsel with the Pennsylvania Pipeline Act 127 and with pipeline safety and siting compliance with the U.S. Pipeline and Hazardous Materials Safety Administration (PHMSA) regulations.

Douglas has served as special energy counsel on transactions totaling $9.8 billion, Federal Communications Commission (FCC) counsel on transactions totaling $186 million, and has negotiated and drafted fixed-for-floating intercreditor financing structures for oil and gas transactions totaling $2.9 billion.

Douglas negotiates and drafts power purchase and sales agreements, operations and maintenance agreements, site lease agreements, tolling arrangements, balancing area authority arrangements, interconnection and wheeling arrangements, solar PV site leases, commodity purchase and sale agreements, including ISDAs, EEIs and NAESBs, and intercreditor agreements. He also advises energy and manufacturing clients on environmental law matters including EPA regulatory compliance, greenhouse gas emissions matters and related Clean Air Act and Clean Water Act compliance.

He also has extensive experience in federal and state telecommunications law and policy. Douglas provides client advocacy before the FCC and routinely provides counsel on the acquisition and disposition of telecommunications assets, FCC licensing matters, tower and antenna structure issues, wireless spectrum leasing and rooftop access arrangements, USF/CAF, E911, CALEA, CPNI, TCPA and on compliance with federal and state registrations and periodic reporting requirements. Douglas has counseled a diverse mix of telecommunications clients, from Fortune 100 wireless carriers to small rural telephone and paging companies, cable television systems, broadband operators, VoIP providers, Internet service providers, data calling centers, medical alert and wireless tablet manufacturers, calling card providers, radio and television station owners and industrials.

Also, Douglas has civil trial experience, settled multi-state Junk Fax Act claims and has represented clients in formal and informal investigations and hearings before FERC, the FCC and state regulators. 

Professional and Community Involvement

Member, District of Columbia Bar

Member, Energy Bar Association

Member, Federal Communications Bar Association

Member, Electric Cooperative Bar Association

Member, International Energy Credit Association

Experience
  • FERC and State Electric Regulation
  • Electricity Markets
  • M&A and Finance
  • Transmission and Interconnection
  • NERC
  • Natural Gas Regulation
  • Hydroelectric Regulation
  • Enforcement, Investigations and Inquiries
  • Dodd-Frank Act Compliance
  • EPA
  • Telecommunications
EXPERIENCE
INSIGHTS & EVENTS
Presentations
  • The Telephone Consumer Protection Act and its Impact on Electric Cooperatives (NRECA Headquarters, Arlington, VA), November 1, 2013.
  • Guest, Capital Thinking Radio Show (discussing successful D.C. Superior Court jury verdict for client) <http://www.voiceamerica.com/voiceamerica/vepisode.aspx?aid=45490> (April 1, 2010).
  • The World Bank Property Initiative: Primer and Field Guide on Property Valuation (World Bank, Washington D.C.), February 2000.
  • Falling Through The Net: Defining The Digital Divide, U.S. Dept. of Commerce, July 1999, Co-Author: James McConnaughey et al.

*These occurred prior to joining Barnes & Thornburg.

Publications
  • Read more: http://www.btlaw.com/douglas-w-everette/?nbioID=74753cb3-d697-48b3-9b62-10aa902dc1cb&ajax=noUSEPA Delays Utility Cooling Rule until 2013, Environmental Law ReSource, July 27, 2012, Co-Author: John Downing.
  • Upcoming in 2012: 10 Environmental and Energy Issues to Watch in the United States, Environmental Law ReSource, January 27, 2012, Co-Authors: David W. Wagner, Lawrence A. Demase, Robert P. Frank, Arnold E. Grant, Todd O. Maiden, Jennifer A. Smokelin, Robert M. Vilter, David W. Wagner.
  • Wind Generators – Transmission Owners and Operators, Law360, July 14, 2011.
  • Energy: Utility Investment Approval Guidelines, COUNSEL TO COUNSEL (July/August 2009), Co-Author: Amy Koch.
  • Socket To Me, a Troutman Sanders LLP bi-weekly newsletter for electric utilities (2004 - 2006).
  • Copyright & ISP Liability: Are You Ready?, Rural Telecommunications, March/April 2004. Co-Author: Gerard Duffy.
  • Douglas Everette & Mark Klapow, The World Bank Property Initiative: Primer And Field Guide On Servitudes (World Bank, Washington D.C.), November 1998, Co-Author: Mark Klapow.
  • Joseph Gattuso, The U.S. Telecommunications Act of 1996, GLOBAL TRENDS MAGAZINE, 1998, Co-Author: Joseph Gattuso.

*These occurred prior to joining Barnes & Thornburg.

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