Will DuBois

Office Austin

Will is an energy lawyer with deep and broad industry experience representing a wide array of clients, including investor-owned utilities, cooperatives, independent power producers, investors, clean-tech startups, large customers, and retail providers, in a variety of states and regulatory environments. He is able to help clients navigate both contentious stakeholder relationships and amicable ones, providing expert guidance and achieving a track record of constructive outcomes in any regulatory climate.

Utility industry leaders turn to Will for strategic advice and advocacy on energy policy issues, financial matters, strategic transactions, PPAs, project development, and enforcement. Will brings to each engagement both creativity and a wealth of experience gained from approaching opportunities and challenges from the perspectives of different industry participants, as well as from having previously held both in-house counsel and executive roles. He works collaboratively with clients and their other external team members, whether co-counsel or other strategic advisers, to achieve the best possible result for the client.

Will excels at building positive relationships with industry stakeholders, including government agencies, consumer advocates, and commercial and industrial customer groups. He has also successfully protected clients’ interests in acrimonious, high-stakes litigation. In the community, he has applied the same skills in pro bono public education and civil rights matters.

Representative Engagements
  • In utility rate-making, Will has led or assisted numerous base rate cases across multiple jurisdictions, for both vertically-integrated and T&D-only utilities. Cases Will has led have included Texas PUC Docket No. 51802 ($88.5 million increase on a $140.5 million request), Texas PUC Docket No. 49831 ($88.0 million increase on a $136.5 million request), New Mexico PRC Case No. 20-00238-UT ($62.4 million increase on an $85.5 million request), and New Mexico PRC Case No. 19-00170-UT ($31.0 million increase on a $50.8 million request). Will has additionally led successful appellate litigation efforts on rate-related decisions, including Maryland Office of People’s Counsel v. Maryland Public Service Commission, No. 1366 (Md. Ct. Sp. App. 2020) (affirming inclusion of a return component in an administrative charge added to standard offer service energy charges); and Southwestern Public Service Company v. New Mexico Public Regulation Commission, No. S-1-SC-37248, Sept. 26, 2018 (granting an interim stay of a Commission order of a $10.2 million rate refund to customers), Feb. 28, 2019 (accepting a settlement between the company and the PRC to remand the case for a revised Commission final order, to, among other things: (1) eliminate the rate refund; (2) revise the ROE authorized in the case from 9.1% to 9.56%; and (3) revise the ratemaking equity ratio from 51% equity to 53.97% equity) (N.M.).
  • In strategic energy transactions, Will has extensive experience representing merger partners in state regulatory proceedings to obtain approvals required for utility M&A, including those regarding Exelon Corp. – Pepco Holdings Inc. ($6.8 billion); Altagas Ltd. – WGL Holdings, Inc. ($6.4 billion); FirstEnergy Corp. – Allegheny Energy Inc. ($8.5 billion); Exelon Corp. – Constellation Energy Group Inc. ($7.9 billion); and Constellation Energy Group Inc. – Electricite de France ($4.5 billion nuclear joint venture, and related transactions). This has included advising transacting parties prior to entering into a definitive agreement in order to ensure regulatory dimensions of the deals are considered and incorporated – a critical step in achieving a viable transaction. He has also advised interested non-party investors monitoring utility M&A.
  • In other energy transactions, will has negotiated: PPAs (for both purchasers and sellers); microgrid agreements; behind-the-meter agreements; special utility-customer contracts and tariff offerings; generating unit-related and technology-related tax and other incentives; and purchases and sales of environmental attributes, including RECs.
  • In project development, Will has represented developers of the full range of utility-scale generation, behind-the-meter and microgrid generation, and transmission and distribution on permitting, planning, financing, and contracting issues. This has included land-based wind, solar, new nuclear, combined-cycle and aeroderivative gas, biomass, and other generation resources, and both utility-scale and behind-the-meter / microgrid projects. Will additionally has a background in environmental law, particularly the Clean Air Act, Clean Water Act, and National Environmental Policy Act, and has represented clients in environmental audits, investigations, enforcement, and permit renewals.
  • In policy matters, Will has testified to state legislative committees and represented clients in utility commission rulemakings. Will has extensive experience drafting and negotiating legislation and regulations, including on cost recovery, securitization, renewable portfolio standards, environmental standards, and administrative procedure. He has also represented utility clients in a wide array of policy-related dockets, including regarding renewable portfolio standards, reliability, supplier diversity, cybersecurity, and integrated resource planning.
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  • Member, Maryland Bar Association
  • Member, State Bar New Mexico
  • Member, State Bar Association of Texas
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Pro Bono and Volunteer Projects
  • Will’s pro bono work has focused on public education and illegal police seizure issues. Will has represented school organizations in successful appellate litigation, including in Frederick Classical Charter Sch., Inc. v. Frederick County Bd. of Educ., 454 Md. 330 (2017); and Balt. City Bd. of Sch. Comm’rs v. City Neighbors Charter Sch., 400 Md. 324 (2007). Will has also worked with a state public defender’s office to obtain an agreement ending illegal seizure and civil penalty practices by a police department and prosecutor’s office. For his pro bono work, Will has received several awards, including the Maryland Pro Bono Service Award from the Pro Bono Resource Center of Maryland.
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