Navigating Regulatory Challenges to Secure Permits

I was engaged by a coal-fired power plant to address a critical regulatory challenge: modifying its mercury emissions allocation under new EPA mandates that required the Pennsylvania DEP to establish reduction targets. The issue stemmed from the DEP’s selection of base years, which were set during a period when a previous owner had operated the plant at minimal capacity. As a result, the emissions baseline was artificially low, making compliance with reduction requirements nearly impossible—even with the best available technology.

Recognizing the fundamental flaw in the methodology, I strategically negotiated with DEP, presenting a compelling case that led to an adjustment of the base year. This change increased the plant’s allocation, allowing for a realistic and achievable emissions reduction target without compromising operations.

The success of this initiative reinforced the value of proactive regulatory engagement, and the company continued to retain my services. Over time, I immersed myself in their operations—not just to address immediate challenges but to identify broader opportunities for growth and efficiency. I take pride in becoming an integral part of my clients' businesses, understanding their strengths, vulnerabilities, and strategic goals. By doing so, I ensure that they are not only compliant but also positioned for long-term success in an evolving regulatory landscape.

A few years after securing emissions control funding, the same client faced a new challenge: financing the transition from coal to natural gas. While they had strong business fundamentals, they needed an additional financial incentive to make the investment more attractive.

At the time, the Pennsylvania Legislature was expanding the Keystone Opportunity Expansion Zone (KOEZ) program—a 10-year tax-free designation—primarily to support the Shell cracker plant and other large-scale industrial projects across the Commonwealth. I immediately recognized an opportunity: securing a KOEZ designation for my client’s power plant could provide tens of millions of dollars in tax savings, making the project significantly more feasible.

Convincing my client to pursue this strategy took six months—but once they realized the financial impact, they were fully onboard. However, the next hurdle was even greater: winning over the Administration.

When I first pitched the idea to Governor Corbett’s top legislative executive deputy secretaries, the response was a hard no. Their position was clear: the Administration would not "pick winners and losers" in the power industry, even though the site’s remaining 100+ acres were slated for industrial development and job creation.

Undeterred, I devised a strategic lobbying plan centered on local support. Over the next six months, I:

• Engaged local government officials to secure their endorsement (a requirement for KOEZ eligibility).
• Obtained unified support from all elected officials, school districts, and economic development corporations in the region.
• Turned these local stakeholders into vocal advocates, using their influence to apply sustained pressure on the Administration.

Through persistent engagement, coalition-building, and strategic advocacy, we ultimately secured the KOEZ designation—the first-ever awarded to a power plant in Pennsylvania’s history.

This achievement was more than just a financial win—it set a precedent for how tax incentive programs could be leveraged for energy transition projects. It reinforced that, with the right strategy, persistence, and a broad coalition of support, even the most politically challenging initiatives can succeed.

This case exemplifies what I do best: identifying opportunities, overcoming resistance, and executing complex policy maneuvers that deliver real economic benefits for my clients.