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Omar Bustami

Associate

[email protected]

+1.858.314.1577

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Omar represents energy generation companies, data center developers, digital infrastructure companies, project developers, industrial users of energy, businesses, manufacturers, and municipal utilities in a broad range of regulatory, transactional, and litigation matters involving the power sector. His practice encompasses strategic counseling, commercial negotiations, contract support, regulatory proceedings, and appellate litigation.

 

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

Omar has substantial experience litigating cases before federal and state appellate courts, including the U.S. Court of Appeals for the District of Columbia Circuit. Omar has presented oral argument before the D.C. Circuit in an appeal of a FERC decision concerning the interpretation of a regional transmission organization tariff and FERC’s jurisdiction over distributed energy resource interconnections and related cost-allocation issues.

 

Omar also counsels clients seeking to develop or deploy transmission facilities, distributed energy generation, behind-the-meter technology, or on-site power generation, including advising on strategies for meeting the power supply needs of data center development and addressing regulatory issues associated with large-load interconnection. He provides transactional, permitting, and regulatory approval support, including guidance on pertinent state or federal regulations, represents parties in transactions or disputes involving qualifying facilities (QF), and advises on cutting-edge energy technologies such as superhot rock geothermal and waste heat-to-power generation.

 

Omar’s practice also encompasses providing transactional support on the regulatory aspects of renewable energy project financing, including serving as a lead regulatory attorney on complex energy infrastructure transactions involving natural gas transportation arrangements for data center projects, project financings for innovative generation facilities, and FERC approval of energy facility sales. He has represented generators in disputes concerning interconnection and matters involving market-based rates, including applications and periodic compliance filings, and is involved in landmark FERC proceedings addressing the integration of large loads into the electric grid. 

 

Omar also has experience with merchant and independent transmission development, including transmission rate incentives, cost-of-service rate filings, and issues relating to the classification and cost recovery of transmission facilities before FERC. His experience also includes advising on negotiated rate authority applications and related regulatory matters.

 

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.

 

Omar serves on the board of directors of Cleantech San Diego, a nonprofit member organization positioning the greater San Diego region as a global leader in the cleantech economy.

 

Outside of his legal practice, Omar enjoys acting in community theater.

viewpoints

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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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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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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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 is pleased to announce that 143 attorneys were recognized in the 2027 editions of The Best Lawyers in America and Best Lawyers: Ones to Watch® in America. The firm had 104 attorneys recognized in Best Lawyers and 39 recognized in Ones to Watch. In addition, four Mintz attorneys received the prestigious “Lawyer of the Year” designation, an honor awarded to only one attorney per practice area and geographic region.

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Mintz advised Potentia Inc. (Potentia), a leading developer of large-scale technology and energy infrastructure, on the closing today of its investment in Heartland Industrial Park, a major technology infrastructure development located in Sullivan County, Indiana.

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173 Mintz attorneys across 53 practice areas have been recognized by Best Lawyers® in the 2026 edition of The Best Lawyers in America©. Five Mintz attorneys received 2026 “Lawyer of the Year” awards, and 61 firm attorneys were included in the 2026 edition of Best Lawyers: Ones to Watch.

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Member Steven Shparber and Associates Omar Bustami and Julia Hutchinson Morton co-authored an article in PV Tech about the US Federal Energy Regulatory Commission introducing significant transmission reforms aimed at easing interconnection bottlenecks. 

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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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Recognition & Awards

  • Best Lawyers in America: "Ones to Watch" - Energy Law (2026); Environmental Law (2026)

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