Robert Fleishman is Senior Of Counsel in the firm’s litigation department, resident in the Washington, D.C. office. Mr. Fleishman has a leading reputation in defending energy and financial industry participants and individuals in the energy markets against charges of market manipulation, particularly before the Federal Energy Regulatory Commission (FERC), and other regulatory bodies. His deep knowledge of the electric and gas regulatory and enforcement landscape informs his representation of clients on energy regulatory, enforcement, compliance, transactional, commercial, legislative, and public policy matters and activities.
He has been recognized in energy regulatory law by Chambers USA (2010–2015), Best Lawyers in America, Energy (2007–2015), and Legal 500 US (2008–2010; 2012–2013; 2015). Mr. Fleishman also received the Center for the Advancement of Energy Markets Service Award (2005).
Mr. Fleishman is admitted to practice in the District of Columbia.
Recent Representative Matters
- Represented J.P. Morgan in a FERC non-public enforcement investigation involving alleged manipulation of electricity markets.
- Represents individuals in connection with the FERC Enforcement investigations of Barclays and represented an individual in connection with the FERC Enforcement investigation of, and settlement with, Constellation Energy.
- Represents ETRACOM and Michael Rosenberg in a FERC Enforcement market manipulation investigation and show cause proceeding.
- Represents a range of energy companies and traders in FERC and Commodity Future Trading Commission (CFTC) non-public enforcement investigations.
- Advises a range of solar, wind, and gas-fired generation developers and investors on the federal and state energy regulatory aspects of transactions.
- Represented Energy Transfer Partners in investigations by FERC and CFTC regarding market manipulation and ETP and Oasis Pipeline at FERC in the show cause litigations and settlement proceedings.
- Represented China Investment Corporation in successfully obtaining approvals from FERC and the NY PSC in connection with its $1.6 billion investment in AES Corp.
- Advises and trains numerous energy companies and others on FERC, CFTC, and Dodd-Frank compliance matters.
- Represented KKR and TPG in obtaining FERC and NRC approvals in connection with the purchase of TXU Corp., a $45 billion transaction.
- Advised a major appliance manufacturer in a DOE and EPA enforcement and compliance action with respect to the Energy Star Program and energy efficiency.
- Advises an appliance manufacturer on DOE and energy efficiency compliance matters.
- Represented seven major energy trade associations in preparing a White Paper on FERC enforcement matters, presenting it to FERC, and paving the way for significant reforms to FERC’s enforcement and compliance program.
- Represented COMPETE, a coalition of major electricity market participants, including Exelon, Constellation Energy, Sempra Energy, Reliant, TXU, PPL, PSEG, TXU, Safeway and Wal-Mart, on legislative, regulatory, and public policy matters.
- As a mediator, successfully resolved a series of disputes between Pacific Gas & Electric Company and the City of San Francisco.
- Represented Texas Genco in its successfully obtaining FERC approval to sell approximately $6.2 billion in generation assets to NRG.
- Represented UBS before FERC on energy marketing and trading matters.
- Advised Mitsubishi Nuclear Energy Systems in connection with NRC regulatory issues.
- Constellation Energy Group (CEG), formerly Baltimore Gas & Electric Company (BGE), Vice President of Legislative and Regulatory Policy; Vice President of Corporate Affairs and General Counsel (1985-2002). In that role, Mr. Fleishman led the company’s efforts to develop and coordinate legislative and regulatory policy at the federal, state and local levels. He also:
- successfully led the effort to obtain all necessary federal regulatory approvals for Constellation Energy Group to transfer approximately $2.5 billion in electric generation assets to an unregulated subsidiary;
- led the policy development, consensus building, and lobbying efforts to pass comprehensive electric restructuring legislation in the Maryland General Assembly;
- managed the successful effort to pass holding company legislation in the Maryland General Assembly and obtain all necessary regulatory approvals;
- saved natural gas customers over $1 billion by engineering a major victory at FERC through agency filings, litigation, and Congressional activities concerning Columbia Gas Transmission Corporation's transition restructuring costs;
- successfully overturned approximately 40 FERC orders and saved consumers approximately $140 million by orchestrating a court victory in BGE v. FERC in the U.S. Court of Appeals for the D.C. Circuit;
- supervised Constellation and BGE’s compliance with FERC and state affiliate standards and codes of conduct;
- served as Chairman of the American Gas Association’s FERC Regulatory Committee;
- directed BGE’s compliance and planning efforts in restructuring of the gas industry under FERC Order 636;
- served as a member of the Official Customer Committee in Columbia’s Bankruptcy Court proceedings and Co-Chair of the Committee’s Litigation Committee;
- successfully negotiated with interstate pipelines, utilities, local distribution companies, state commissions, consumer advocates, and end-users in numerous FERC natural gas cases; and litigated approximately a dozen cases before FERC and the Maryland Public Service Commission on natural gas and electricity matters.
In the dispute resolution field from 1997-2003, Mr. Fleishman:
- developed an extensive, systematic, and cost effective ADR Program at CEG and BGE, with the assistance of JAMS/Endispute;
- held leadership roles in three ADR organizations: Chairman of the ADR Committee of the Energy Bar Association; Chairman of the Business Initiative for the Maryland Mediation & Conflict Resolution Office (MACRO) under the auspices of Maryland Chief Judge Robert Bell; and President of the Community Mediation Program in Baltimore, MD; and
- successfully led the process for an extensive benchmarking study on the use of ADR in the Maryland business community, jointly published by MACRO and the Maryland Chamber of Commerce.
- Federal Energy Regulatory Commission (FERC), including in the Enforcement Division (1979-1985).