Energy Practice: Transactions, Finance and Regulatory
Partner: Thomas P. Gross, B.S., M.S., J.D.
Contact: tgross@cogentlaw.com
Energy Regulation • Project Finance • Power Markets • International Energy Law
With more than 30 years of experience in energy regulation, project finance, complex energy transactions, and international energy law, Thomas P. Gross provides strategic legal counsel to companies, financial institutions, energy developers, investors, and governments navigating some of the most complex issues in the energy industry.
Through Cogent Law Group, LLP, Mr. Gross advises clients on matters involving the Federal Energy Regulatory Commission (FERC), the U.S. Department of Energy (U.S. DOE), state energy authorities, and foreign governments and regulators.
His experience is extensive in that it spans government regulation, major energy transactions, project finance, international legal reform, and technical energy issues. He has worked on the development of the federal regulatory framework that governs today’s modern electric and natural gas markets, supervised as many as 40 attorneys at FERC, participated in project-financing transactions ranging from approximately $250 million to $500 million, and advised governments around the world on restructuring and modernizing their energy sectors.
Experienced Energy Counsel — From the Inside Out
Energy law is among the most technically demanding and heavily regulated areas of legal practice. Effective counsel requires more than an understanding of statutes and regulations. It requires an understanding of how regulators think, how financial institutions evaluate projects, how energy markets operate, and how transactions must be structured to survive regulatory and financial scrutiny.
That perspective is central to Thomas Gross’s practice, both domestic and international.
Mr. Gross previously served in the General Counsel’s Office of the U.S. Department of Energy and as Deputy Assistant General Counsel at the Federal Energy Regulatory Commission (FERC), where he supervised up to 40 attorneys handling politically and legally sensitive federal rules, regulations, and legislation affecting the electric and natural gas industries.
During this period, he worked on rules and regulatory initiatives that helped reshape the electric and natural gas markets, including increased flexibility in energy supply, competition among energy sources, and open-access transmission arrangements that enable large energy consumers—including data centers, manufacturing facilities, and other major industrial users—to obtain energy from competitive markets.
He has 10 years’ experience within two large international law firms, practicing a wide range of energy issues, including regulatory and transactional. Mr. Gross has extensive transactional experience, including project-financing transactions in the $250 million to $500 million range, giving him a perspective that combines regulatory policy with the practical realities of financing and closing major energy projects.
A unique combination of regulatory and transactional experience
Mr. Gross brings together four perspectives that are rarely found in a single energy-law practice:
Regulatory: First-hand experience developing and administering federal energy regulation.
Transactional: Experience structuring and negotiating large energy and project-finance transactions.
Technical: Graduate training in applied physics and experience as a physicist.
International: Extensive in-country experience working with foreign governments, regulators, investors, and energy companies.
This combination allows Mr. Gross to approach every energy issue from multiple perspectives simultaneously—legal, regulatory, financial, technical, political, and commercial.
Energy Law at the Intersection of Law, Finance, Government, and Infrastructure
Mr. Gross’s international experience extends across Southeast Asia, Central Europe, Latin America, and multiple countries of the former Soviet Union.
His work has included advising foreign governments on energy-sector restructuring, drafting energy legislation and regulations, facilitating foreign investment, and working directly with senior government officials, including ministers of energy and transportation, members of foreign parliaments, senior executive-branch officials, and CEOs of participating companies.
Energy development in emerging and transitioning markets often involves issues that extend beyond conventional legal analysis. Energy infrastructure is closely connected to economic development, political stability, foreign investment, national security, government policy, and the ability of a country to attract private capital.
Mr. Gross’s international work has required him to address these issues together rather than in isolation.
Representative international engagements include:
Indonesia
Mr. Gross worked closely with the Indonesian Minister of Energy, who subsequently became President of Indonesia, in connection with drafting the Indonesian Oil & Gas Law that was ultimately signed by President Megawati Sukarnoputri.
Bulgaria
He drafted a new Bulgarian Energy Law designed to facilitate Bulgaria’s integration into European institutions and its admission to the European Union and NATO.
Dominican Republic
Mr. Gross served as Team Leader investigating the operation of the Dominican Republic’s electricity markets at a time when energy-market issues had become a significant political issue for the country’s up-coming presidential elections.
India and Nepal
He advised on restructuring the energy sectors of India and Nepal to promote transparency and encourage foreign investment capital as those countries distanced themselves from Soviet influence and transitioned to U.S. and western policies.
Pakistan
He advised Pakistan’s Water and Power Development Authority (WAPDA) on new implementing regulations.
Former Soviet Union
Mr. Gross trained senior energy executives in numerous countries as they transitioned from centrally planned economies toward market-oriented and capitalist economic systems.
His country experience includes India, Nepal, Pakistan, Indonesia, Bulgaria, Romania, Macedonia, the Dominican Republic, Kazakhstan, Kyrgyzstan, Russia, and Ukraine, among others.
International projects also require careful attention to the Foreign Corrupt Practices Act (FCPA), Office of Foreign Assets Control (OFAC) requirements, and applicable local laws and regulatory requirements. Mr. Gross incorporates these considerations into the broader legal and transactional strategy for international projects.
Who Needs Energy Law and Regulatory Counsel?
Mr. Gross represents and advises a broad range of participants in the energy and infrastructure markets, including:
Financial Institutions and Project-Finance Participants
Lenders, investors, financial institutions, and other project-finance participants requiring sophisticated legal advice concerning loan structures, ratings, participation agreements, and transactional documentation.
Independent Power Producers and Qualifying Facilities
IPPs and QFs dealing with FERC regulation, power purchase agreements, interconnection requirements, and federal and state energy compliance.
Renewable Energy Developers
Developers of solar, wind, biofuel, waste-to-energy, and other renewable projects requiring assistance with regulatory strategy, permitting, project finance, land acquisition, and power contracts.
Pipeline and Transmission Developers
Companies developing, operating, financing, or negotiating transactions involving natural-gas pipelines, electric transmission facilities, and related infrastructure.
Data Centers and Large Energy Users
Data centers and industrial users with substantial electricity requirements requiring assistance with power-supply arrangements, transmission access, public-utility regulation, and regulatory compliance.
Oil and Gas Companies
Oil and gas companies requiring advice concerning regulatory compliance, exploration and production agreements, pipeline arrangements, land acquisition, leasing, and disputes before state and federal authorities.
International Energy Developers, Investors, and Governments
Foreign governments, international investors, and energy companies seeking advice on energy-sector reform, regulatory frameworks, infrastructure development, cross-border transactions, and foreign investment.
Blockchain, Cryptocurrency, and Emerging Energy-Technology Companies
Technology companies operating at the intersection of energy and digital assets, including companies dealing with distributed-ledger applications, ICO and STO documentation, and emerging regulatory frameworks.
How Cogent Law Can Help
Mr. Gross provides legal and strategic advice across the full spectrum of energy regulation, energy transactions, project finance, and international energy development.
Project Finance and Energy Transactions
Mr. Gross advises clients on complex energy project financing, including loan structuring, participation agreements, transactional documentation, and rating processes involving S&P and other financial institutions. His transactional experience includes projects in the $250 million to $500 million range.
Federal Energy Regulatory Commission and U.S. Dept. of Energy Regulatory Counsel
Representation and strategic advice concerning matters before FERC and the U.S. Department of Energy, including rulemaking, licensing, compliance, enforcement, and regulatory issues affecting electric power, natural gas, and energy infrastructure.
State Energy Regulation
Advice concerning state public-utility commissions and State Corporation Commissions involving rates, certificates, project approvals, and regulatory compliance.
Energy Project Development and Permitting
Legal guidance throughout the project lifecycle—from initial regulatory strategy and permitting through contracting, financing, construction, and operations.
Power Purchase Agreements and Related Energy Contracts
Drafting and negotiation of PPAs, fuel-supply agreements, fuel-transportation agreements, operation and maintenance agreements (O&M), interconnection agreements, and other contracts critical to the development and financing of energy projects.
Land Acquisition and Leases
Advice concerning land acquisition, real-property arrangements, leases and related matters involving energy infrastructure.
Renewable Energy
Counsel concerning solar, wind, biofuel, waste-to-energy, and other renewable-energy projects, including regulatory approvals, power contracting, project development, and compliance.
Data Center Energy and Infrastructure
Advice to data centers and other large energy consumers concerning power supply, transmission access, utility regulation, energy contracts, and evolving federal and state requirements.
Oil and Gas
Counsel concerning oil and gas regulation, exploration and production agreements, pipeline arrangements, contracts, land matters, and disputes before federal and state authorities.
International Energy Law and Regulatory Reform
Advice to foreign governments, international investors, and energy companies concerning energy-sector restructuring, regulatory reform, foreign investment, infrastructure development, and cross-border transactions.
Blockchain, Cryptocurrency, and Energy Technology
Regulatory and transactional advice involving blockchain-based energy applications, digital assets, ICO and STO documentation, distributed-ledger technology, and emerging energy technologies.
Energy Litigation and Dispute Resolution
Representation in energy-related litigation and regulatory disputes involving power contracts, infrastructure, siting, regulatory enforcement, and proceedings before FERC, state commissions, and federal courts.
In particular, under Mr. Gross' supervision, our energy attorneys can assist with:
- FERC regulatory proceedings and compliance
- U.S. Department of Energy matters
- State Corporation Commission and public-utility regulation
- Power purchase agreements
- Fuel transportation and pipeline agreements
- Land acquisition and energy leases
- Operation and maintenance agreements
- Natural gas and electric market regulation
- Independent power producer and qualifying facility matters
- Renewable energy project development and permitting
- Biofuel and waste-to-energy projects
- Pipeline and transmission-line regulatory approvals
- Data-center energy supply and public-utility matters
- Oil and gas regulatory compliance and contracting
- Project-finance documentation
- Financial ratings processes
- International energy law and regulatory reform
- Cross-border energy transactions
- Foreign investment structuring
- Blockchain and cryptocurrency regulation
- ICO and STO documentation
- Energy litigation and regulatory enforcement
- FCPA and OFAC compliance for international projects
Regulatory, Transactional, Technical, International Experience at the Highest Levels
Federal Energy Regulatory Commission and U.S. Department of Energy
Mr. Gross served as an attorney in the General Counsel’s Office of the U.S. Department of Energy and as Deputy Assistant General Counsel at FERC, where he supervised up to 40 attorneys working on politically and legally sensitive energy matters.
His federal-government experience provided first-hand exposure to the development of the rules and regulations that fundamentally reshaped the electric and natural gas industries.
Complex Energy Project Finance
His transactional experience includes project-financing transactions in the $250 million to $500 million range, including work with financial institutions on loan approvals, transactional documentation, and investment-grade ratings. His experience includes ten years’ experience in two large law firms providing an understanding how big firms operate.
International Energy and Legal Reform
Mr. Gross has advised foreign governments and international organizations on energy-sector restructuring, legal reform, regulatory frameworks, and strategies for attracting foreign investment capital.
Scientific and Academic Background
Mr. Gross was trained as a physicist and earned a Master of Science degree in Applied Physics from Stanford University. He previously worked as a physicist at the Stanford Linear Accelerator.
He holds advanced degrees from Stanford University and Case Western Reserve University.
His multidisciplinary background spans physics, law, finance, energy, and technology—disciplines that frequently intersect in modern energy projects.
Mr. Gross is admitted to practice before the U.S. Supreme Court, the U.S. Court of Appeals for the District of Columbia Circuit, and the U.S. District Court for the District of Columbia.
He also serves as an Adjunct Professor at The George Washington University, teaching courses including Corporate Law & Securities, and International Business Transactions & Finance in the Graduate School of Business.
Internationally Televised Business Commentary
Mr. Gross makes regular appearances as a guest commentator for Global Business, an international business-news channel that is televised worldwide, providing analysis concerning contemporary issues as they effect business both domestically and internationally.
Aviation
Mr. Gross is also a commercial pilot and holds an instrument rating.
What to expect when working with Cogent Law
1. Initial consultation
We begin with a meeting with Mr. Gross to thoroughly review of your project, regulatory posture, and legal objectives in order to assess your needs and identify the right strategy.
2. Tailored legal strategy
Based on your specific goals, Mr. Gross will develop a customized legal and regulatory plan addressing your compliance obligations, contractual needs, and project priorities.
3. Transparent billing
Wherever possible, our financial arrangement will be tailored to fit your business needs.
4. Collaborative engagement
We act as your strategic partner, maintaining clear and consistent communication at every stage of your matter.
5. Ongoing support
As regulations evolve and your projects scale, we remain by your side to provide continued legal guidance and regulatory counsel.
6. Availability
Attorneys that answer the phone when you call.
Ready to move your energy project forward?
Speak with Thomas P. Gross today to discuss your regulatory strategy, project finance needs, or compliance challenges.
Contact usThomas Gross: tgross@cogentlaw.com.
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