Alan D. Lovett

Attorney Birmingham
(205) 226-8769
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Education
  • Duke University School of Law
    J.D., 2013,

    magna cum laude, Order of the Coif; Duke Environmental Law and Policy Forum, Managing Editor

  • Duke University Nicholas School of the Environment
    M.E.M., 2013
  • Mississippi State University
    B.S., Mechanical Engineering, 2007,

    summa cum laude

Bar Admissions
  • Alabama, 2013
About Alan
Q&A
  • What types of clients do you represent?

    My clients are large, vertically integrated, electric utility companies who own a diverse mix of generation resources and own and operate integrated regional transmission systems. A key focus area of my practice involves serving owners and operators of nuclear generation facilities. I also represent large natural gas purchasers and shippers, investment funds focused on the utility sector, and parties entering into wholesale power transactions and transmission service agreements.

  • What type of matters do you work on most often?
  • Which Courts or agencies do you most often appear before on behalf of your clients?
  • What previous experiences, prior to your work at Balch, influence your practice?
MORE ABOUT Alan
  • NRC counsel under new plant licensing framework: Represents new nuclear plant owners and licensees in matters before the NRC, including contested licensing matters before Atomic Safety and Licensing Board Panels, preparation of license amendment and exemption requests during plant construction, participation in communication with NRC staff, and preparation for first units utilizing Part 52 licensing framework through construction and NRC authorization of fuel load.
  • Administration of engineering, procurement and construction agreement for new nuclear development: Represents owners of new nuclear facilities in ongoing commercial interactions with contractors, including negotiation of amendments to engineering, procurement, and construction agreement; negotiation regarding change orders executed during construction; management of disputes during construction; and application and enforcement of commercial requirements. 
  • Litigation during new nuclear plant construction: Represented owners of new nuclear facilities under construction in major federal district court litigation against construction contractors. Representation included management of experts and preparation for expert testimony, preparation for deposition defense and deposing opposing experts, preparing for filing of dispositive motions, and counsel during settlement negotiations.
  • FERC natural gas shipper counsel: Represents major natural gas shipper in FERC proceedings related to transportation service on interstate and intrastate pipelines. Representation involves participation in Natural Gas Act and Natural Gas Policy Act rate cases, rate-change filings, and certificate proceedings and filings in response to proposed changes to pipeline tariffs.
  • Administration of open access transmission tariff and related matters before FERC: Represents large transmission owning utilities in administration of open access tariff and transmission formula rates governing transmission service on regional interconnected transmission system.  Representation includes preparing informational filings with FERC, managing customer review process for formula rate annual charges, and managing FERC oversight regarding administration of transmission formula rates.
  • Electric purchase and sale contract negotiation and administration: Represents large investor owned utilities in development and negotiation of long-term wholesale power contracts and in the administration and negotiation of amendments to existing contracts. Representation includes advising public utilities of power sales obligations under Public Utilities Regulator Policies Act and FERC affiliate transaction rules under the Federal Power Act.
  • State public service commission counsel: Represents investor-owned utilities subject to traditional retail rate regulation in matters before state public service commissions, including responding to staff data requests and preparation of filings regarding new nuclear plant construction monitoring.
  • Generation facility acquisition counsel: Represented utility sector investment fund in evaluating acquisition of gas-fired generation facility, including assessment of gas transportation and supply contracts and applicable FERC regulatory requirements.
  • FERC hydro licensee counsel: Represents dam operator and hydro license holder in various proceedings before FERC.
Education
  • Duke University School of Law, J.D., 2013,

    magna cum laude, Order of the Coif; Duke Environmental Law and Policy Forum, Managing Editor

  • Duke University Nicholas School of the Environment, M.E.M., 2013
  • Mississippi State University, B.S., Mechanical Engineering, 2007,

    summa cum laude

Bar Admissions
  • Alabama, 2013
Professional Affiliations
  • American Bar Association
  • Birmingham Bar Association
Clerkships
  • U.S. Court of Appeals, Eleventh Circuit, Judge Gerald B. Tjoflat