Dan McCrary | Energy | Balch & Bingham

Education

Cumberland School of Law

J.D., 1980, Magna cum laude, Recent Decisions Editor, Law Review
Samford University

B.A., 1977, Summa cum laude, Highest class GPA

Bar Admissions

Alabama, 1980

He's a great resource and brings a very simple approach to problem solving.

Which courts or agencies do you most often appear before on behalf of your clients?

I have appeared many times before the Federal Energy Regulatory Commission and the Alabama Public Service Commission, but have also handled matters associated with regulatory orders at various federal and state appellate courts (primarily the D.C. Circuit and the Alabama Supreme Court).
What types of clients do you represent?

I work primarily with regulated utility companies, but also with energy companies, generators, and other entities involved in the energy industry.
What do you find most exciting about your work?

Energy law is never static; it is dynamic and ever-changing. Over the course of my career, I’ve seen the industry move from a structure that was exclusively cost-based with an associated duty to serve to one that includes market rate authority, open access transmission, and various types of non-utility market participants. There have also been remarkable changes with respect to new technologies and optimizing strategies. I can think of no other field that can cite changes of such size and scope over a relatively short period of time, and it will most certainly continue.
What do you see on the horizon in your area of practice?

In many respects, energy policy is now driven by environmental policy. The latter is severely challenging many traditional fuels and generating sources, as well as creating great momentum for emerging technologies, most notably renewables. The variable nature of renewables poses a very real challenge to the electric system, both in terms of stable operation and adequacy of supply. Energy storage systems are now identified as the solution to that issue, but they can present challenges of their own. I suspect the industry will continue to struggle with these issues for years to come.

Select Matters

Certification of Power Plant Acquisition: Represented utility company in ongoing proceeding before state PSC to certify the acquisition of a combined cycle facility. (2025, Alabama Power Company, Docket No. 33513)
Certification of Power Plant Acquisition: Represented utility company in proceeding before state PSC to certify the acquisition of a four-unit combustion turbine facility. (2022, Alabama Power Company, Docket Nos. 33182)
Certification of Portfolio of Resources: Represented utility company in proceeding before state PSC to certify a portfolio comprising approximately 2000 MW of additional resources, including a power purchase agreement, the acquisition of a combined cycle facility and the construction of a combined cycle facility. (2020, Alabama Power Company, Docket No. 32953)
Market-Based Rate Proceeding: Representation of affiliated companies in triennial screen filings and associated Section 206 proceeding regarding the retention of market based rate authority. (2016, Alabama Power Company, et al., Docket Nos. ER10-2881-014 and EL15-39)
Renewable Resource Certification: Represented utility company in proceeding before state PSC for authorization to secure rights to up to 500 MW of renewable energy and environmentally specialized generating resources, including subsequent revisions. (Alabama Power Company, Docket No. 32382)
Section 206 Complaint: Represented affiliated companies in a coalition of affected parties in a Section 206 proceeding arising out of the integration of the Entergy system into MISO and resulting dispatch flows on neighboring systems. The resulting settlement agreements remain in effect. (2015, Southwest Power Pool, Inc. v. Midcontinent Independent System Operator, Inc., Docket Nos. EL14-21-000, et al.)
Cost Recovery Rate Mechanisms: Represented utility company in various filings over the years with the state PSC for expansion of formulary cost recovery mechanisms (also handled filing and approval of original mechanism). (Alabama Power Company, Docket Nos. 18117 and 18416)
Certification of Wind PPAs: Represented utility company in proceedings before state PSC to certify purchased power arrangements for up to 404 MW of energy from two wind projects. (2011 and 2012, Alabama Power Company, Docket Nos. 31859 and 31653)
Market-Based Rate Proceeding: Represented affiliated companies in Section 206 complaint hearings involving claims of market power, including resolution through tailored mitigation in the form of an energy auction that continues in operation. (2004-08, Southern Company Energy Marketing, Inc. et al., Docket Nos. EL04-124-000, et al.)
Power Pooling Contract: Represented affiliated companies in Section 206 complaint proceeding challenging certain aspects of their pooling arrangement, including ongoing advice and counsel. (2005-10, Southern Company Services, Inc. Docket Nos. EL05-102-000, et al.)

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Credentials

Education

Cumberland School of Law, J.D., 1980, Magna cum laude, Recent Decisions Editor, Law Review
Samford University, B.A., 1977, Summa cum laude, Highest class GPA

Courts

U.S. Court of Appeals, District of Columbia Circuit, 1981
U.S. Supreme Court, 1989
U.S. Court of Appeals, Fifth Circuit, 1988
U.S. Court of Appeals, Eleventh Circuit, 1981
U.S. Court of Appeals, Ninth Circuit, 1988

Bar Admissions

Alabama, 1980

Professional Affiliations

Alabama Bar Association
Alabama State Bar
Birmingham Bar Association
Federal Energy Bar Association
Edison Electric Institute, Legal Committee

Awards & Accolades

Best Lawyers, Energy Law, 2010 - Present
AV-rated by Martindale-Hubbell

Dan H. McCrary

Select Matters

News

Credentials