Peter V.K. Funk, Jr. practices in the area of energy with a focus on energy generation projects, including on-site cogeneration, energy conservation and energy management installations, demand-side management projects such as advanced metering, renewable resources, waste to energy and "green" generation, and energy-related financing matters. He has advised many clients in these areas and has served as outside general counsel to an energy services company. Mr. Funk also practices in the area of utility law and has advised gas and electric utility companies and served as outside general counsel for such a utility. Additionally, he has advised clients on many construction matters.

A member of the American and New York State bar associations and the Association of the Bar of the City of New York, Mr. Funk is a 1973 graduate of Boston University School of Law, where he won the American Jurisprudence Award.

Representative Matters

Energy Law

Energy generation and gas supply projects such as cogeneration, biomass and biogas installations; energy conservation installations including a broad range of measures, and municipal and energy equipment lease transactions and performance engineering. energy project incentive programs
Served as "outside" general counsel to an energy services company; also represents several other energy services companies, host facilities, manufacturers, owners, contractors, consultants and energy sector contractors
Energy incentive programs
Demand side management projects
Metering installations including advanced interval electric metering and related real time price and time of use electric pricing
Advanced batteries
Lighting projects and representation of lighting manufacturers.
Energy related financing (including conventional financing, project financing and municipal leases)
Waste to energy projects
Advice to owners and operators of steam production and chilled water facilities.
Energy and carbon/green trading

Utility Law

Comprehensive experience representing electric and gas utilities.
Licensing, construction, operation and maintenance of generation facilities (including nuclear, fossil steam electric, wind, water, alternative and renewable) and the procurement of fuel.
Issues in connection with nuclear plant regulation, operation, insurance, claims and related matters.
Transmission and distribution systems; pole attachment matters.
Participation in regulatory administrative proceedings. Served as lead counsel for the investor-owned electric companies in regulatory proceedings.
Deregulation issues.
Successful representation in litigation of an electric utility in cases involving transmission lines, a hydro plant and other facilities.

Construction

General construction matters.
Interior and exterior construction, waterproofing and renovation.

Professional Activities

American Bar Association
New York State Bar Association
- Former Chairman, Committee on Public Utility Law
Association of the Bar of the City of New York
(Present and past committee membership)
- Energy Committee
- Futures Committee (liaison with Energy Committee)
- Telecommunications Committee
- Construction Law Committee
- Committee on Nuclear Law
National Association of Energy Service Companies
American Energy Engineers Association
Metes & Bounds (publication of the Association of the Bar of the City of New York)

Admissions

New York
New York State Supreme Court
U.S. District Courts for the Eastern, Northern and Southern Districts of New York
U.S. Court of Appeals for the Second Circuit
Supreme Court of the United States
New York State Supreme Court

Education

Boston University School of Law, J.D., 1973

Experience

Duane Morris LLP
- Partner, 2005-present
Thompson Hine LLP
- Partner, 2002-2005
Gould & Wilkie LLP
- Partner, 1979-2002
- Associate, 1974-1979

Board Memberships

Energy and Power Management (formerly Energy User News)
- Member of Advisory Board
Nuclear Energy Insurance Company
- Legal Advisory Board

Civic and Charitable Activities

Officer and Former President of 322 Central Park West (Co-op).
Initiated unique real-time pricing energy demonstration project.
Participates in voluntary groups and organizations such as the Cooperative Coalition to Prevent Blackouts in order to address problems in electricity supply and end-use in the NYC area and on a national basis.
Honorary Board Member Dieu Donne Papermill.

Selected Publications

Co-author, "Reliable Energy Is Critical for Financial Institutions," Mission Critical magazine, Spring 2008
"Energy Sustainability - Issues and Solutions," Sustainable Facility, December 2007
"Mission Critical Health Care Facilities," Mission Critical, Fall 2007
"Saving on utilities just takes gazing into a crystal ball," USA Today, March 2007
Co-author, "Curtailment and Real Time Pricing From A Multi-Family Residential Customer's Perspective," EnergyBiz, February 2007
"Taking Control of Electric Bill, Hour by Hour," project profiled in article, New York Times, January 2007
Comments on impact of suspension of federal ESPC program: NAESCO Journal, February 2005
Interview: Power Engineering Magazine, August 2004
Report on Real Time Price and Advanced Interval Metering Project, NAESCO Journal, May 2004
Co-Author, "Co-operative Apartment Electric Demand Reduction and Advanced Metering," Energy Moves, New York Energy Buyer's Forum Newsletter, Winter 2003
Co-Author, "End-User Electric Demand Management Should Be a National Policy Objective," Strategic Planning for Energy and the Environment, Summer 2003
Co-Author, "Understanding the FERC Standard Market Design," Energy Moves, New York Energy Buyer's Forum Newsletter, Fall 2002
Quoted in "The Energy Factor - A Special Report for Senior Executives," a publication of Energy User News, September 2002
Remarks at Globalcon 2002 quoted in Energy User News, August 2002
"The Future Affects Today's Electricity Prices," Energy User News, March 2001
"Mitigating Risk in Power Purchase Contracts," Energy User News, August 2000
"Illuminating a Masterpiece," Energy User News, (NYPA Energy Conservation Lighting Project in Metropolitan Museum of Art), June 1999
"Energy Performance Contracting," contributed to New York State Energy Research and Development Authority Publication, 1998
"Making Energy Projects Perform," Energy User News, November, 1998
Remarks from Deregulation Presentations Quoted in several issues of Energy User News
"Deregulation," Energy User News, August 1997
"New Opportunities Emerge for ESCOs: Integrating Energy Conservation and Communications Projects," Energy Efficiency Conservation, (NAESCO Publication), Winter/Spring, 1997

Selected Speaking Engagements

Speaker, "GREEN Language for RFPs and Agreements," Green Committee Meeting of the New York chapter of the National Association of Purchasing Managers, New York City, September 18, 2008
Panelist, "Assessing the Opportunities for New Energy Efficiency Technology; Investors' Perspectives on Investment Strategies for Energy Efficiency-Driven Sectors," Energy Efficiency Summit East 2008, Washington, D.C., September 10, 2008
Speaker, "Financing CHP: Alternative Financing Approaches – Merits of Each and Related Legal Considerations," Special Workshop, Professional Engineer Training session, New York, June 9, 2008
Speaker, "Effectively Articulating the Sustainable Project Intent to a Lawyer;" "How to Work with a Lawyer to Transform Building, Construction and Operations Concepts into Reasonable Legal Obligations;" and "An Experienced Lawyer's Role, as a Project Team Member, to Assist in Enabling the Sustainable Project to Move from Concept to Reality," Sustainability & Energy Efficiency Seminar, New York, May 6, 2008
"Healthcare and Energy Savings in 2008," Seminar Hosted by Duane Morris, New York City, December 2007
"Current Renewable Energy and Demand Side Strategies in the United States," Canadian Bar Association Conference, Montreal, April 27, 2007
Speaker, "Spending Energy Dollars Wisely," Council of New York Cooperatives & Condominiums Housing Conference, New York City, November 11, 2007
Speaker, "Contracting to Purchase Electric Energy - Legal Pitfalls," New York Association of Realty Managers (NYARM) Real Estate Expo presentation, New York City, September 26, 2007
Speaker, "How Real Time Electricity Pricing Can Enhance the Economic Viability of Photovoltaic Installations," 2nd Annual Green Building Conference held by the Habitat for Humanity of Westchester, New York, April 18, 2007
"Addressing and Resolving Key Legal Issues Relating to CHP Projects in New York City," Northeast Combined Heat and Power (CHP) Initiative general meeting, New York, December 19, 2006
Infocast "Renewable Power Project Finance" Tutorial, December 2006
Speaker, "Spending Energy Dollars Wisely," Council of New York Condominiums (CNYC) 26th Annual Housing Conference, New York, November 12, 2006
ASHRAE Annual Meeting - Impact of Energy Policy Act of '05 upon ASHRAE and its members, New York City October 2006
Northeast Combined Heat and Power Initiative Conference - Financing CHP Installations, Portland, Maine, May 11, 2006
Construction Expo - Advanced interval metering and demand response, New York City, March 2006
ABA Committee on Renewable Energy - Remarks regarding on-site generation issues, March 2006
CNYC Conference - Advanced interval metering and demand response, New York City, November 2005
New York City Association of Realty Managers - Energy Projects in Multi-Family Dwellings and Commercial Properties, New York City, November 2005
World Energy Engineering Congress (WEEC) 2005 - Update on DSM Programs, Austin, Texas, September 2005
Targeted NYC DSM Collaborative Proceeding - Lessons Learned: Appropriate Form of Agreement for DG and Energy Efficient Measures, New York City, June and July 2005
Insight Conference: Energy Contracts - Latest Rules and Trends in Effective Procurement and Contracting: Risk Management in Energy Procurement Contracting, Boston, Massachusetts, March 2005
New York Economic Development Corporation: RTP Electricity Purchasing Demonstration Project in NYC. New York City, December 2004
ABA Committee on Renewable Resources: Renewable Incentives, New York City, December 2004
PowerGen2004: Critical Legal Issues relating to Financing, Installing and Operating Cogeneration Plans on Host Facility Sites, Orlando, Florida, December 2004
General Services Administration Energy Security Workshop: Energy Security Summit, New York City, November 2004
Association of Energy Engineers: Legal Issues Relating to On-Site Cogeneration, New York City, October 2004
WEEC 2004, Advanced Interval Metering and purchasing Real-Time Priced Power by Multi-Family Buildings, Austin, Texas, September 2004
Cooperative Committee to Prevent Blackouts Legal and Tax Initiatives Relating to Cooperative Residential Apartment Building Energy Projects, New York City, September 2004
Co-Chair of Conference; Critical Issues for 2004: Energy Procurement and Use, New York City, June 2004
Presentation to GLOBALCON on real-time pricing and advanced interval metering project, Boston, Massachusetts, March 2004
Presentation to NAESCO on financing of cogeneration and energy performance contracts, New Orleans, Louisiana, November 2003
Presentation to CNYC on advanced interval metering and demand response, New York City, November 2003
Presentation to WEEC on demand response technology, New York City, November 2003
Participation in a WEEC panel on national energy policy, November 2003
Presentations on public utility issues at Continuing Legal Education sessions, conferences and meetings of the New York State Committee on Public Utility Law, 2003 and 2001
Separate Presentations on (1) A Multifamily Cooperative Building Energy Management NYSERDA Pilot Project and (2) Performance Engineering in Multifamily Buildings (focus on Housing Authority buildings) and cogeneration at the New York Multifamily Conference, New York City, June 2003
Presentation on Multifamily Advanced Interval Metering and Demand Management at Advanced Interval Metering, New York City, February 2003, Conference of the New York Energy Buyers Forum
Interview on Energy Today TV Program aired White Plains, New York, November 2002
"Current Issues for End Users," Presentation at GLOBALCON, Boston, Massachusetts, March 2002
Two presentations at 24th WEEC Atlanta, GA October 2001 on Energy "Procurement" and "Post California Deregulation." Papers appear in "Proceedings."
Presentation at CNYC conference regarding Energy Purchasing, Conserving and Financing Opportunities for New York City Cooperative Apartments: New York City, February and May 2001
22nd WEEC Presentation regarding deregulation issues, Atlanta, Georgia, November 1999
Power '99 Conference Member of "Virtual Utility" panel, Baltimore, Maryland, April 1999
National Manufacturing Week Conference Presentation and written proceedings, "How to Negotiate with an Energy Services Company to Improve your Bottom Line," and member of panel "Deregulation - Looking Ahead and Meeting the Challenge," Chicago, Illinois, March 1999
21st WEEC member of panel, "Deregulation - Critical Issues Forum" Atlanta, Georgia, November 1998
New York Energy Efficiency Council moderator of panel, "Deregulation Issues," Albany, New York, May 1998
National Manufacturing Week Conference member of panel, "Deregulation - Are You Ready?" Chicago, Illinois, March 1998
20th WEEC member of panel, "Deregulation - Critical Issues Forum," Atlanta, Georgia, November 1997
Presentation Regarding Impact of Legislative Proposal upon Energy Efficiency Program in New York State Schools, Albany, New York, May 1997
INFOCAST - Chair of panel within program, "Regulatory, Contracting & Financing Issues for Demand-Side Management in the 1990s," Washington, D.C., December 1993
Presentations at many conferences and meetings of the Committee on Public Utility Law prior to 1993