Michael J. Gergen

  • Partner
  • Emichael.gergen@lw.com
  • 555 Eleventh Street, NW
  • Suite 1000
  • Washington, D.C. 20004-1304
  • USA
  • T +1.202.637.2188


Michael Gergen, a partner in Latham & Watkins’ Washington, D.C. office, is a member of the Energy Regulatory & Markets Practice as well as the Project Finance Practice.

Mr. Gergen has extensive experience developing practical applications of economics, finance, and regulatory law to assist clients involved in the electric, natural gas, and other network industries in the United States and internationally. Mr. Gergen represents entities involved in electric generation, transmission and distribution, natural gas transportation, storage and distribution, electric and natural gas marketing and trading, and finance, as well as international governments and financial institutions. Mr. Gergen also assists clients regarding federal and state financing support and incentive programs for clean energy technologies, products, and services.

Mr. Gergen has assisted clients on a wide range of transactional, controversy, policy, and legislative matters and has represented clients both in commercial negotiations and before various federal and state regulatory agencies, including the Federal Energy Regulatory Commission and various state public utility commissions, and numerous federal and state courts and arbitral bodies. Mr. Gergen also has served as an economist for an investor-owned public utility, as well as an economic consultant for a state energy commission.

Mr. Gergen is listed as a leading energy attorney in The Legal 500 US and Chambers USA, which describes him as having “developed a positive reputation in the industry as ‘a quick, clever and creative lawyer.’” He has given a variety of speeches on energy regulatory and policy matters. He is a member of the Federal Energy Bar Association and the American Bar Association. Mr. Gergen was previously selected for inclusion in Who's Who Legal and The Best Lawyers in America as a recommended attorney in Energy Law. Mr. Gergen is an Adjunct Professor of Law and is a member of the Board of Advisors for the Institute for Policy Integrity at the New York University School of Law.

Mr. Gergen's publications have included:

  • Author, “DOE as a Catalyst for Innovative and Transformative Economic Regulation of the Bulk Power System?” Stanford Woods Institute for the Environment (September 2016)
  • Co-author, “The Energy and Markets Review — USA,” Law Business Research Ltd. (June 2012 and 2013)
  • Co-author, “Walking the Line Between the Clean Air Act and the Federal Power Act: Balancing Emission Reductions and Bulk Power Reliability,” The Electricity Journal, Vol. 25, No. 1 (January/February 2012) 
  • Co-author, “Investing in a Clean Energy Future,” PFI Yearbook 2010 
  • Co-author, “A Modest Proposal: A Market-Based Approach to Generation Interconnection Process Reform,” The Electricity Journal, Vol. 21, No. 9 (2008)
  • Co-author, “A Deal Is Still a Deal: Morgan Stanley Capital Group v. Public Utility District No. 1,” 2007-2008 Cato Supreme Court Review (2008)

Thought Leadership

  • FERC Issues Order to Mitigate the Impact of State Preferences on the PJM Capacity Market -  06 July 2018
  • FERC Narrowly Approves ISO-NE Proposal Regarding State-Sponsored Generation Resources -  22 March 2018
  • New York Releases Offshore Wind Master Plan -  09 March 2018
  • FERC Approves Landmark Rule on Electric Storage Resources -  07 March 2018
  • California Adopts Rules for Evaluating Multiple-Use Energy Storage Resources -  25 January 2018
  • Wholesale Capacity Market in New England Aims to Better Accommodate State-Sponsored Generation Resources -  25 January 2018
  • New York Public Service Commission Adopts Compensation Values for Distributed Energy Resources in Reforming the Energy Vision Proceeding  -  09 October 2017
  • New York Is Transitioning Away from Net Energy Metering for Distributed Resources -  10 May 2017
  • CAISO May Need to Curtail Up to 8,000 MW This Spring and Up to 13,000 MW By 2024, Which Could Test Curtailment Risk Allocation Provisions in Renewable PPAs  -  13 March 2017
  • New Federal Energy Regulatory Commission Policy Statement Potentially Expands Revenue Opportunities for Electric Storage Resources -  18 February 2017
  • FERC Faces Unprecedented Lack of Quorum After Commissioner’s Departure -  03 February 2017
  • Clean Energy Law Report: Energy Storage Gets a Boost from Federal and Private Sector Actions  -  24 June 2016
  • CPUC’s NEM 2.0 Decision: A Win for Distributed Solar? -  11 March 2016
  • Clean Energy Law Report: Increased Support for Distributed Energy Projects  -  08 September 2015
  • EPA Finalizes Historic Greenhouse Gas Emission Reduction Program -  18 August 2015
  • Overview: EPA Finalizes Historic Greenhouse Gas Emission Reduction Program -  18 August 2015
  • FERC Issues Order Accepting PJM Capacity Performance Proposal -  17 June 2015
  • Clean Energy Law Report: PJM Proposes Capacity Performance Rules That Will Present New Opportunities and Risks for Clean Energy Resources -  19 December 2014
  • FERC Accepts Almost All of the CAISO's Proposed Flexible Resource Adequacy Capacity and Must-Offer Obligation Requirements -  22 October 2014
  • SDG&E 2014 Energy Storage Systems Request for Offers Among the Largest to Date -  17 September 2014
  • Fifth Circuit Holds that Texas Public Utility Commission Can Limit Ability of Intermittent Wind Generators to Sell Their Power Under PURPA As "Firm Power," Contrary to FERC and District Court -  12 September 2014
  • CPUC Opens Rulemaking to Incorporate Distributed Energy Resources Into Grid Planning Process for California's Investor-Owned Utilities -  20 August 2014
  • CAISO Asks FERC to Approve Tariff Changes Establishing Flexible Resource Adequacy Capacity and Must-Offer Obligation Requirements -  11 August 2014
  • Clean Energy Law Report: CAISO Energy Storage Interconnection Initiative -  15 July 2014
  • Clean Energy Law Report: DOE Announces New Renewable and Efficient Energy Loan Guarantee Solicitation -  07 July 2014
  • FERC Conditionally Accepts CAISO and PacifiCorp Proposals to Implement a Regional Energy Imbalance Market in Western States -  26 June 2014
  • Clean Energy Law Report: CAISO Proposes Flexible Ramping Product -  11 June 2014
  • EPA Proposes Unprecedented Greenhouse Gas Emission Reduction Program  -  June 6, 2014
  • Green Banks: Financing Tomorrow’s Clean Energy Projects -  03 June 2014
  • Federal Appeals Court Decision Could Create Risk for Demand Response Suppliers in Wholesale Markets -  02 June 2014
  • Clean Energy Law Report: Federal Appeals Court Vacates FERC Order No. 745 on Demand Response Compensation -  29 May 2014
  • Clean Energy Law Report: NYPSC To Consider Fundamental Transformation of the Role and Regulation of Electric Distribution Utilities -  05 May 2014
  • Clean Energy Law Report: Energy Storage Technologies May Be Poised For Commercial Deployment -  01 April 2014
  • A New CAISO Stakeholder Process To Address Reliability -  14 February 2014
  • Clean Energy Law Report: CAISO Announces New Stakeholder Process to Address Reliability, Including Possible Market-Based Capacity Backstop; First Meeting is February 4  -  21 January 2014
  • CAISO Announces New Stakeholder Process to Address Reliability, Including Possible Market-Based Capacity Backstop; First Meeting is February 4 -  21 January 2014
  • Clean Energy Law Report: 9th Circuit Upholds Federal Housing Finance Authority Directive  -  12 April 2013
  • US LNG — Precedence Order Announced by DOE for Commencing Processing of Pending Long-Term Applications to Export LNG to Countries without Free Trade Agreements with the US -  17 December 2012
  • Balancing Environmental Regulations with Grid Reliability Demands -  11 December 2012
  • US DOE Releases LNG Export Study Supporting Increased LNG Exports -  10 December 2012
  • Clean Energy Law Report: FERC Issues Policy Statement Providing New Guidance on Rate Incentives for Transmission Investment -  07 December 2012
  • Update: US LNG Exports to Japan -  30 September 2012
  • The Energy Regulation and Markets Review - United States -  30 June 2012
  • The California Public Utilities Commission Approves New Categories for Renewable Energy Procurement -  February 16, 2012
  • Walking the Line Between the Clean Air Act and the Federal Power Act -  01 February 2012
  • The Federal Energy Regulatory Commission Reforms Its Transmission Planning and Cost Allocation Requirements -  August 22, 2011
  • Clean Energy Law Report: FERC Issues Final Rule on Transmission Planning and Cost Allocation  -  22 July 2011
  • Clean Energy Law Report: Landmark Bill Raises California's Renewables Portfolio Standard -  20 April 2011
  • Clean Energy Law Report: New Reports Find U.S. Lagging Behind In Clean Energy Investments -  08 April 2011
  • Clean Energy Law Report: Executive Director of DOE Loan Program Office Testifies to House  -  06 April 2011
  • Clean Energy Law Report: Senate Committee on Energy and Natural Resources Issues Whitepaper -  30 March 2011
  • Clean Energy Law Report: FERC accepts the CAISO's Revised Tranmission Planning Process -  11 March 2011
  • Clean Energy Law Report: Details on Pipeline for Projects Seeking Guarantees Under Section 1705  -  10 March 2011
  • Clean Energy Law Report: FERC Proposes New Regulation for Frequency Regulation Service -  25 February 2011
  • Recent FERC Actions Indicate Significant Changes in Regional Transmission Planning and Cost Allocation -  July 19, 2010
  • D.C. Circuit Questions FERC’s Jurisdiction to Establish Pricing Policy for Station Power -  May 31, 2010
  • CPUC Authorizes Tradable RECs for RPS Compliance, but Significantly Limits Most Out-of-State Resources -  March 25, 2010
  • Supreme Court’s Decision Helps Protect Wholesale Energy Contracts from Regulatory Interference -  February 3, 2010
  • Investing in a Clean Future -  January 1, 2010
  • Key Senate Developments for Climate Change and Clean Energy Legislation -  October 14, 2009
  • US Department of Energy Issues the First Two Title XVII Loan Guarantee Solicitations Since the Enactment of the Recovery Act -  7/31/2009
  • FERC Takes An Initial Step Toward Establishing A “Smart Grid” Policy -  March 30, 2009
  • Clean Energy and Electric Transmission Provisions of the American Recovery and Reinvestment Act of 2009 -  February 18, 2009
  • Ninth Circuit Decisions Threaten Market-Based Rate Contracts -  March 21, 2007
Michael Gergen is a vastly accomplished energy regulatory litigator capable of assisting clients in complex administrative and civil litigation proceedings. Clients praise him as “very capable” and “very creative,” and say “he knows everything, he works hard and he understands the policy and regulation.”Chambers USA 2015-2016, 2018
Bar Qualification
  • District of Columbia
  • New York
  • JD, New York University School of Law, 1992
  • MS, University of California, Santa Cruz, 1987
  • BA, Antioch College, 1982
  • Cleantech
  • Oil & Gas
  • Power
  • Project Development & Finance
  • Energy Regulatory & Markets
  • Derivatives