Tab R. Urbantke

Tab represents and counsels some of the largest energy companies in Texas and the United States, including electric utilities and gas utilities, power generators, mining companies, qualified scheduling entities/power marketers, retail electric providers, and other energy sector clients.

Tab regularly advises clients of the regulatory implications and risks of project development, capital market, and commercial energy transactions. His experience includes both rulemakings and administrative litigation/appeals involving a variety of rate cases, licensing matters, complaints, and merger proceedings before numerous state and federal agencies, including the Public Utility Commission of Texas (PUCT), the Railroad Commission of Texas (RRC), the Texas Commission on Environmental Quality (TCEQ), the State Office of Administrative Hearings, the Electric Reliability Council of Texas (ERCOT), the North American Electric Reliability Corporation (NERC), the Texas Reliability Entity (Texas RE), the Federal Energy Regulatory Commission (FERC), and several state public utility commissions. He also leads negotiations for clients on a variety of transactional matters. Additionally, Tab has significant experience advising clients on legislative strategy, drafting and advocacy efforts.

Regulatory Approvals, Utility Rate Cases, & Investigations

• Represented Texas’ largest electric utility in connection with the PUCT and the FERC’s approval of sale, transfer, and merger applications arising from majority owner’s bankruptcy and restructuring – one of the largest bankruptcies in US history.
• Represented Texas’ largest electric utility in securing the PUCT’s approval of a $400 million asset swap, followed by a $1.3 billion merger, with another major electric utility.
• Served as lead attorney for Texas’ largest electric utility in connection with multiple system-wide cost-of-service rate cases before the PUCT and municipal regulatory authorities with billions of dollars at stake in transmission and distribution capital investment.
• Represents a large competitive power generation business and its mining company in mine permitting, reclamation plan, and bonding efforts.
• Served as a testifying expert witness on PUCT rate-case expense issues for a large water utility.
• Represents electric utilities in connection with matters involving new transmission line construction, including interfacing with ERCOT and obtaining appropriate regulatory approvals.

• Represented a new-market entrant transmission-only utility in litigated proceedings before the PUCT, including multiple applications for certificates of convenience and necessity for proposed transmission line facilities, and various transmission service rate cases.
• Represented a large nuclear generator before the TCEQ regarding the establishment of a regulated low-level radioactive waste disposal rate.
• Represented a qualified scheduling entity in an investigation by the Texas RE/Texas Reliability Monitor regarding compliance with ERCOT Protocols, including ancillary service requirements.
• Lead counsel for a natural gas midstream company in connection with a shipper’s rate-related complaint before the RRC, including representation in mediation proceedings.
• Assisted in representation of Texas’ and the United States’ largest natural gas local distribution company in connection with the RRC’s prudence review of several billion dollars in natural gas purchases.
• Assisted in the representation of Texas’ largest power generation company before the PUCT in terminating its state-mandated obligation to auction off generating capacity.
• Assisted in the representation of a power marketer in alternative dispute resolution efforts before the ERCOT and related PUCT appeals regarding wholesale settlement and market payment issues.

Energy Regulatory Compliance

• Counsels clients on day-to-day compliance with utility code-of-conduct, affiliate, tariff, and related reporting requirements with state and federal agencies.
• Counsels clients on qualifying facility and related state and federal electric services requirements.
• Represented and counseled clients on compliance with NERC and regional reliability standards, including preparation for and participation in NERC/Texas RE audits and investigations.
• Represented Texas’ largest electric utility on implementation of environmental mitigation requirements under the Endangered Species Act.

Transactional Matters

• Advised Texas’ largest electric utility on regulatory aspects of multiple merger and acquisition transactions, including multiple asset exchange and acquisition transactions.
• Represents and counsels clients in negotiating electric utility interconnection and other related commercial agreements.
• Led utility and rate-related diligence for client investing in acquisition of water and wastewater utility systems throughout the United States.
• Advised tax equity investors on energy regulatory diligence and risk management issues for numerous wind and solar energy projects across the United States.

Legislative Counseling & Advocacy

• Lead counsel for major Texas utility in legislative drafting and advocacy efforts, including issues relating to utility ratemaking, weatherization/grid security, transmission line planning and certification, renewable energy, energy storage, and condemnation.
• Assisted in representation of a nuclear generator in development, advocacy, and passage of homeland security legislation.
• Assisted in representation of a national retail food chain in connection with food labeling and licensing requirement legislation.

• Recommended for Energy Regulation: Electric Power (2019-2024), Energy Litigation: Oil and Gas (2019), Energy Transactions: Conventional Power (2019) and Energy: Renewable/Alternative Power (2019), Legal 500 United States
• Recognized as a Leader in Energy: State Regulatory & Litigation (Electricity), Texas, Chambers USA, 2020-2024
• E. Randolph Williams Award for Outstanding Pro Bono Service, 2002–2006
• Pro Bono College of the State Bar of Texas, 2002–2005

• Member, Administrative and Public Law Section, State Bar of Texas
• Member, Public Utility Law Section, State Bar of Texas
• Member, Gulf Coast Power Association
• Member, Dallas Bar Association