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Omar Bustami

Associate

[email protected]

+1.858.314.1577

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Omar represents energy generation companies, project developers, industrial users of energy, businesses, manufacturers, and municipal utilities in a broad range of litigation and regulatory investigations and proceedings involving the power sector. He also advises clients in telecommunication matters involving cell phone antennae and energy-related issues.

A significant portion of Omar’s practice involves representing clients in matters before the Federal Energy Regulatory Commission (FERC) and state utility commissions. He has particular experience with the Federal Power Act (FPA), the Public Utility Regulatory Policies Act of 1978 (PURPA), and the Natural Gas Act (NGA).

Omar also frequently litigates cases before federal and state courts of appeal, including the US Court of Appeals for the District of Columbia Circuit. In a recent appeal of a FERC decision to the DC Circuit, Omar presented an oral argument in a dispute concerning the interpretation of a regional transmission organization (RTO) tariff and FERC’s jurisdiction over distributed energy generation interconnections and related cost issues.

In addition, Omar counsels clients seeking to develop or deploy distributed energy generation, behind-the-meter technology, or on-site power generation, including advising on strategies. He provides transactional, permitting, and regulatory approval support, including guidance on pertinent state or federal regulations, and represents parties in transactions or disputes involving qualifying facilities (QF).

Omar’s practice also encompasses providing transactional support on the regulatory aspects of renewable energy project financing. He has represented generators in disputes concerning interconnection, efforts to recover revenues for providing reactive power service, and matters involving market-based rates, including applications and periodic compliance filings.

Prior to joining Mintz, Omar was a senior attorney at an international law firm, where he represented clients in litigation, regulatory, transactional, and telecommunications matters. Earlier in his career, Omar was an attorney-advisor in the Office of General Counsel at FERC, where he advised and worked on determinations on issues involving the NGA, FPA, and PURPA.

viewpoints

FERC’s Landmark Transmission Order: Takeaways for Clean Energy and Energy Storage Companies

May 21, 2024 | Article | By Steven Shparber, Omar Bustami, Julia Hutchinson Morton

Read about the Federal Energy Regulatory Commission’s Order No. 1920, a Final Rule relating to long-term regional planning and regional cost allocation, and how it could impact those developing, owning, and investing in clean energy generation and electric storage resources.

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Energy & Sustainability Connections Newsletter — May 2024

May 1, 2024 | Article | By Thomas R. Burton, III, Sahir Surmeli, Omar Bustami

This issue of Energy & Sustainability Connections includes features on essential annual actions for start-up boards and AtmosZero, a company focused on decarbonizing steam through heat-pump boiler technology, plus energy policy news from Washington, litigation updates, a roundup of recent M&A activity, and information on upcoming industry events.

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Read about NERC’s strategic Work Plan for implementing new reliability standards for inverter-based resources (IRBs) in response to FERC Order No. 901. Learn more about NERC’s comprehensive plan addressing the rapid growth and integration of IBRs like solar PV, wind, and battery storage into the bulk power system.

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Electric Storage Resource Growth and Deployment: A Tale of Two Markets

December 8, 2023 | Article | By Steven Shparber, Omar Bustami, Manushi Desai

Read about some of the significant drivers of the rapid growth of electric storage resources seen in California and Texas, the market participation opportunities available to electric storage owners in both states, and regulatory and interconnection challenges facing electric storage developers more generally.

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Energy & Sustainability Event Highlights — December 2023

December 1, 2023 | Article | By Thomas R. Burton, III, Sahir Surmeli, Omar Bustami

Learn about upcoming energy industry events, including Holiday in the Hubs events and an SEIA webinar titled Spotlighting Construction Inclusion in the Solar Industry.

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Energy & Sustainability M&A Activity — December 2023

December 1, 2023 | Article | By Thomas R. Burton, III, Sahir Surmeli, Omar Bustami

Read about recent M&A activity in the energy and sustainability space, including Superior Industries’ acquisition of Cemco, a manufacturer of vertical shaft impact crushers.

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Energy & Sustainability Connections Newsletter — December 2023

December 1, 2023 | Article | By Thomas R. Burton, III, Sahir Surmeli, Omar Bustami

This issue of Energy & Sustainability Connections includes features on US-Canada Critical Mineral, EV Battery, and Semiconductor Cross-Border Supply Chain Issues, Copernic Catalysts, Inc., plus a legal guide for energy companies using AI, energy policy news from Washington, litigation updates, a roundup of recent M&A activity, and a list of upcoming industry events.

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During the What Regulatory and Commercial Challenges Are Utility-Scale Renewable Energy Projects Facing? fireside chat at Mintz’s Second Annual Energy Transition Summit, Mintz Member Steven Shparber and attorney Omar Bustami discussed the regulatory and commercial challenges facing utility-scale renewable energy projects.

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On July 28, 2023 the Federal Energy Regulatory Commission issued Order No. 2023, a landmark order in which the Commission concluded definitively that the existing pro forma generator interconnection procedures and agreements are insufficient to ensure that interconnection customers are able to interconnect to the transmission system in a reliable, efficient, transparent, and timely manner. Read more to learn about the Order.

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News & Press

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Mintz’s Energy & Sustainability practice continued its commitment to energy transition with more than 80 deal closings totaling $4 billion over the past 12 months, as global investment in energy transition showed continued strength in an overall down market.

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