Duncan & Allen has provided legal services to clients within the United States (including national and regional entities) in an array of transactional and regulatory matters, as well as through all stages of litigation. The following is a partial listing of those domestic clients, many of whom the Firm has represented for over 35 years.
Petersburg Municipal Power & Light, Petersburg, Alaska
- (Municipal electric system) General representation on power supply matters.
Arizona Consumer Consumer Owned Electric Systems
- (Ad hoc group of Arizona public bodies engaging in electric utility operations) Advice on FERC Open Access NOPR and Order 2000 issues and rates, restructuring of the electric power industry through Desert STAR and the Arizona Independent Scheduling Administrator Association. (Group presently includes Aguila Irrigation District, Ak-Chin Indian Community, Arizona Power Authority, Buckeye Water Conservation & Drainage District, Central Arizona Water Conservation District, Electrical District No. 1 of Pinal County, Electrical District No. 3 of Pinal County, Electrical District No. 6 of Pinal County, Electrical District No. 7 of Maricopa County, Electrical District No. 8 of Maricopa County, Harquahala Valley Power District, Maricopa County Municipal Water Conservation District No. 1, McMullen Valley Water Conservation & Drainage District, City of Mesa, Roosevelt Irrigation District, City of Thatcher, and Tonopah Irrigation District.)
- Specialized representation in FERC wholesale rate case
Siloam Springs, Arkansas
- Negotiation of wholesale power supply arrangements
Burbank, City of
- (Municipal electric system) Specialized representation on controversies involving long-term power supply contracts with Pacific Northwest suppliers and assistance in preparation of open-access transmission tariff, refund litigation arising from the California energy crisis, general consultation regarding electric power restructuring.
Escondido Mutual Water Company
- (Mutual water company and special governmental district owning irrigation system and dam) Special representation of both entities in litigation covering the relicensing of a FERC project, and in litigation in the U.S. District Court, Southern District, California.
Glendale, City of
- (Municipal electric system) Specialized representation on controversies involving long-term power supply contracts with Pacific Northwest suppliers and assistance in preparation of open-access transmission tariff, refund litigation arising from the California energy crisis, general consultation regarding electric power restructuring.
Imperial Irrigation District
- (Special governmental district owning irrigation system and electric system (2005 peak load of 898 MW)) (1) Defense against rate filings before FERC by El Paso Electric Company; (2) Import and export of electricity with Mexico; (3) Utility mergers, including failed Southern California Edison/San Diego Gas & Electric merger, El Paso Electric/Central and South West merger, and Pacific Enterprises/Enova Corporation merger (before FERC and CPUC); (4) representation in El Paso Electric bankruptcy; (5) counseling and representation in litigated dispute over lease of power development rights on the All-American Canal; (6) counseling concerning electric industry restructuring in California and related matters and (7) representation in Enova/Pacific Enterprises merger proceedings before California Public Utilities Commission.
Northern California Power Agency, Roseville
- (Intergovernmental entity comprised of municipal electric systems and irrigation districts and two rural electric cooperatives in California) Specialized joint representation (with Turlock Irrigation District) in FERC matters relating to natural gas procurement for electric generating facilities.
Palm Springs, City of
- (Municipality) Advice and counsel on establishing a municipal utility including assistance on mandatory transmission access before FERC and participating in industry restructuring.
Pasadena, City of
- (Municipal electric system) Specialized representation on controversies involving long-term power supply contracts with Pacific Northwest suppliers.
Riverside, City of
- (Municipal electric system) Litigation before FERC and U.S. Court of Appeals on wholesale power ratemaking dispute.
San Diego County Water Authority
- (Public agency comprised of member county, cities, irrigation, water and public utility districts, owning reservoirs and water system) Specialized representation relating to FERC hydro permitting and licensing proceedings.
Turlock Irrigation District
- (Special governmental district owning irrigation system and electric system) General representation relating to: (1) rate filings before FERC and active efforts regarding rates for interconnection, transmission and power supply service costs; (2) joint development of new generating and transmission resources (e.g., proposed "Harry Allen" project and NCPA geothermal projects); (3) defense of allocation rights to and cost-based rates for power from federally authorized Hetch Hetchy Project, including arbitration; (4) litigation over Tuolumne River water rights relating to hydro electric development; (5) acquisition of power from federal Central Valley Project; (6) negotiation of power supply, interconnection and transmission agreements; (7) representation at FERC concerning utility mergers; (8) strategy and procedure for filing preliminary permit and license applications for hydroelectric projects at FERC; (9) acquisition and negotiations of power from cogeneration and small power production facilities; (10) acquisition of natural gas supply and transportation for generating plants; (11) advice concerning FERC natural gas matters; (12) FERC policy proceedings concerning transmission pricing policy; (13) California electric utility restructuring; (14) power sales contract counterparty bankruptcy; (15) successful establishment and operation of its own NERC-certified control area.
Vista Irrigation District
- (Escondido Mutual Water Company and City of Escondido, California) Specialized representation relating to FERC hydro relicensing proceeding.
City of Colorado Springs
- (Electric system owning and operating facilities) Consultation on selected power supply and transmission matters; and advice and assistance on meeting reciprocity requirements under FERC Orders 888 and 889. Representation also extends to natural gas regulatory matters; (1) specialized research on NGA certificate and rate and NGPA "mid-Louisiana" gas pricing issues; and (2) gas rate and transportation filings of Colorado Springs' interstate pipeline supplier before FERC.
- (Municipal electric system) Specialized representation before FERC regarding hydroelectric project licensing issues.
Intermountain Rural Electric Association
- (Electric cooperative) Representation before FERC on wholesale rate and transmission and ancillary services rate matters and utility mergers. Negotiation of power supply contracts and contracts to purchase output from new generation.
Platte River Power Authority
- (Intergovernmental entity providing power supply to Estes Park, Fort Collins, Longmont and Loveland, Colorado) Specialized representation before Department of Energy on federal power contract dispute.
Tri-State Generation & Transmission Association
- (G&T cooperative--Platte River Power Authority and Wyoming Municipal Power Agency are participating entities) Defense against increase in rates proposed by Western Area Power Administration for power from federal Missouri River Basin Pick-Sloan Project (Western Division); advice and assistance on transmission access negotiations and litigation; and advice and assistance on meeting reciprocity requirements under FERC Orders 888 and 889.
Municipal Electric Systems of Georgia
- (Albany, Marietta and 45 other municipally-owned electric systems in Georgia) General representation relating to: (1) defense against rate filings before FERC by Georgia Power Co.; (2) acquisition of ownership rights (total 1550 MW) in and wheeling service from Georgia Power's conventional and nuclear generating plants; (3) creation of Municipal Electric Authority of Georgia (MEAG) which currently supplies power to its members for resale; and (4) defense of preference laws and power allocations from Southeastern Power Administration (Greenwood Utilities Comm'n. v. Schlesinger, 515 F. Supp. 653 (M.D. Ga. 1981)).
Columbus Water Works
- Litigation before Federal Energy Regulatory Commission concerning water withdrawal rights from Chattahoochee River and relicensing of Middle Chattahoochee Project. Litigation before the United States District Court for the District of Columbia concerning water storage and allocation in Lake Lanier.
- (Municipality (pop. approx. 71,000)) Project manager for investigating the feasibility of establishing a municipal electric system to replace retail electric service by Commonwealth Edison Co.; review and recommend franchise negotiation position.
Northern Indiana Public Service Company Wholesale Customers
- (Municipal electric systems of Argos, Breman, Brookston, Chalmers, Etna Green, Kingsford Heights, Walkerton, and Winamac, Indiana) Contract negotiations regarding rates, terms, and conditions of interconnection and wholesale power supply.
Iowa Association of Municipal Utilities
- (Statewide association) Representation on behalf of its members in MidAmerican Energy Company (FERC Docket No. ER95-188-000) open access transmission tariff filing and Midwest Power Systems Inc. and Iowa-Illinois Gas and Electric Company (FERC Docket No. EC95-4-000) merger case.
Iowa Wholesale Customer Group
- (Approximately 10 municipal electric systems) Defense against rate filings before FERC by Interstate Power Company.
Kansas City, Kansas Board of Public Utilities
- (Municipal electric system) General representation on natural gas matters and municipal steam supply system; specialized representation involving defense against utility mergers before FERC, negotiation of purchase of energy and capacity from wind generation, and representation regarding coal supply
Wichita, City of
- Investigation of electric utility matters, representation before Kansas Corporation Commission on electric rates and utility mergers.
City of Coffeyville, Kansas
- General representation in connection with power supply and transmission matters and meeting the requirements of the Public Utility Regulatory Policies Act.
East Kentucky Power Cooperative
- (Electric generation and transmission cooperative) Representation in merger of Public Service of Indiana and Cincinnati Gas & Electric Company (FERC Docket No. EC93-6-000), attempted American Electric Power Company "loop flow" tariff filing (FERC Docket No. ER93-706-000), disputed interconnection and major rate filing by Kentucky Utilities (FERC Docket No. ER94-209-000).
Southwest Louisiana Electric Membership Corp.; Pointe Coupee Electric Membership Corp.; Concordia Electric Cooperative, Inc
- (Rural electric cooperatives) Assisted in the negotiation of new power supply arrangements following the bankruptcy of the former wholesale power supplier, Cajun Electric Power Cooperative, Inc. Representation in FERC generation and transmission rate cases.
Kennebunk Light & Power District
- Representation in connection with power supply, transmission rates and transmission infrastructure, and territorial issues.
Fox Islands Electric Cooperative, Inc
- Representation in connection with transmission matters
Braintree Electric Light Department
- (Municipal electric system) Representation at FERC in matters involving electric transmission issues, wholesale power market and Regional Transmission Organization matters, Reliability Must Run ("RMR") agreements, interstate gas pipeline certification and rates and restructuring of services as related to natural gas procurement for electric generating facilities.
Braintree, Reading and Taunton
- (Ad hoc group of municipal electric systems) Advice and litigation concerning: NEPOOL Agreement restructuring and FERC Order 888 matters; Regional Transmission Organization formation, structure, governance, and rate issues (return on equity “incentives” to transmission owners); Regional Transmission Organization formation and governance and Independent System Operator tariff and revenue requirement matters.
Concord Municipal Light Plant
- Advice and litigation relating to Regional Transmission Organization, Locational Installed Capacity (“LICAP”) initiative, development and implementation of Forward Capacity Market, opposition to Reliability Must-Run (“RMR”) agreements and rates, telecommunications issues.
Citizens Energy Corp./Citizens Power & Light Corp
- (Innovative energy company dedicated to helping meet energy needs of poor and elderly) Specialized representation relating to creation of CEC's electricity program, obtaining the first power marketing authorization from FERC, and continuing development of unique energy transactions (Citizens Energy Corporation, 35 FERC 61,198 (1986)); appeal of FERC Order No. 500 for Citizens Gas Supply Corporation; development and financing of two 500 kV merchant transmission projects in Southern California in joint ventures with San Diego Gas & Electric, the City of Los Angeles and the Imperial Irrigation District in which all revenues over costs will be devoted to assisting poor and elderly energy consumers pay their energy costs.
General Dynamics Corporation
- (Quincy Shipyard Division and Electric Boat Division) Diversified major industrial corporation) Special representation before FERC on electric power rates and importation of liquefied natural gas.
Hingham Municipal Lighting Plant
- General legal services relating to power supply and transmission issues, litigation concerning Reliability Must Run ("RMR") agreements and power supply agreement counterparty bankruptcy and contract termination, unit entitlement contract for participation in development of generation.
Massachusetts Municipal Electric Systems (32 total) and Massachusetts Municipal Wholesale Electric Company
- (Municipal joint action agency) Counseling on and comments to FERC on regional transmission groups and transmission pricing; representation in connection with Boston Edison Company Order 888 filing.
Selected Massachusetts Electric Systems
- (Electric Systems of Boylston, Braintree, Georgetown, Littleton, Princeton, Reading, Rowley, Shrewsbury, Taunton and West Boylston, Massachusetts) Specialized representation involving defense against Northeast Utilities/Public Service of New Hampshire merger (FERC and SEC) and development of regional transmission arrangement.
Reading Municipal Light Department
- (Municipal electric system (2005 peak load of 165 MW)) Defense against FERC rate filings of Boston Edison Company. Litigation and counseling and litigation concerning New England Power Pool restructuring and governance negotiations; Regional Transmission Organization and Independent System Operator development, implementation and governance; capacity market development and implementation (Locational Installed Capability and Forward Capacity Market); interconnection issues, RMR agreements, power supply counterparty bankruptcy and contract termination, unit entitlement contract for participation in development of generation.
Regional Transmission Agency Steering Committee (RTASC)
- (Coalition of all Massachusetts publicly owned electric systems) File initial and reply comments in FERC Notice of Inquiry Concerning Commission's Pricing Policy for Transmission Services Provided by Public Utilities Under the Federal Power Act.
Taunton Municipal Lighting Plant
- (Municipal electric system) Representation before SEC on joint-ownership generating station matters, representation before FERC in matters involving interstate pipeline rates and restructuring of services related to natural gas procurement for electric generating facilities and counseling on regional transmission groups; advice and litigation in connection with New England Power Pool restructuring under FERC Order No. 888, Regional Transmission Organization and Independent System Operator formation, governance, tariff and related matters; litigation concerning local second contingency protection requirements and other ISO-related costs.
Wellesley Municipal Light Plant
- Representation before FERC concerning contractual right to treatment as interconnected to Pool Transmission Facilities (high voltage grid) (Boston Edison Co. v. FERC, 441 F.3d 10 (1st Cir. 2006), various other transmission and power supply matters, RMR Agreements, capacity market issues (Locational Installed Capability and Forward Capacity Market), RMR agreements, demand response issues, telecommunications and telecommunications infrastructure access and barriers-to-entry issues.
Hillsdale Board of Public Utilities
- (Municipal electric system owning and operating facilities and purchasing wholesale power); municipal water (1.7 MGD flowage) and waste water systems) Specialized representation in utility and employment relations matters.
Marshall, City of
- (Municipal electric system) Review of power supply contract.
Michigan South Central Power Agency
- (Joint action agency (5 municipal members)) Review of power supply contracts.
Coldwater Board of Public Utilities
- (Municipal electric system) Assistance with customer contracts.
Wyandotte Municipal Services
- General representation concerning cable television and telecommunications issues, contracts and contract litigation concerning system construction and maintenance.
Elbow Lake, City of
- (Municipal electric system) Specialized representation culminating in establishment of municipal electric system and obtaining wheeling service including: (1) state and local proceedings; (2) antitrust litigation; and (3) FERC wheeling rates.
Lake Crystal, City of
- Specialized representation regarding the termination of existing wholesale power supply and contracting for new wholesale power supply
Madelia, City of
- Negotiation of wholesale power supply contract.
Minnesota Wholesale Customer Group
- (18 Municipal electric systems) Defense against rate filings before FERC by Otter Tail Power Company; negotiation of integrated transmission system with Otter Tail.
Moorhead, City of
- (Municipal electric system) Specialized representation concerning establishment of natural gas distribution system and natural gas procurement for electric generating facility.
Truman, City of
- Specialized representation for termination of existing power supply arrangements and negotiation of contracts for new wholesale power supply; FERC and state court proceedings regarding the transition from existing to new power supplier.
Wadena, City of
- (Municipal electric system) Defense against rate filings before FERC by Minnesota Power and Light Company.
Central Montana Power Cooperative
- (Electric generation and transmission cooperative) "Second opinion" on rights under power supply contracts and nuclear power plant matters.
Montana Consumer Counsel
- Litigation in connection with parallel Chapter 11 proceeding (in the United States Bankruptcy Court for the District of Delaware) and state regulatory financial investigation (before Montana Public Service Commission) of NorthWestern Corporation; Representation in proceedings by Babcock & Brown Infrastructure, Ltd. to acquire NorthWestern Corp.; Representation before FERC in various matters; Specialized appellate work as required.
National and Regional
American Public Power Association
- (National trade association of municipally-owned utilities) Representation before FERC on market-based pricing and open access transmission tariffs (Entergy Services, FERC Docket No. ER91-569-000), electric utility merger (Entergy Services/Gulf States Utilities, FERC Docket No. EC92-21-000) and compulsory wheeling actions (Florida Municipal Power Agency v. Florida Power & Light Co., Docket No. TX93-4-000, 65 FERC 61,125 (Oct. 28, 1993) and Blue Ridge Power Agency, et al., Docket No. TX93-2-000, 64 FERC 61,381 (Sept. 30, 1993)); Report on National Power Exchange for Publicly-owned Utilities.
Colorado River Energy Distributors Assn. (CREDA)
- Membership includes, among others, Salt River Project, Arizona Power Authority, Arizona Electric Power Coop., Colorado River Commission of Nevada, Plains Electric Generation and Transmission Coop., Tri-State G&T Assn., Colorado Springs, Platte River Power Authority, Wyoming Municipal Power Agency. General representation relating to Western Area Power Administration's sale of Colorado River Storage Project power including: (1) Defense of cost-based rates for federal power before Administration and Congress; (2) Defense of preference laws in litigation brought by private power companies; (3) Rate filings before FERC by WAPA; (4) Allocations of federal power; (5) Adjustment and expansion of federal water and power projects; and (6) Opposition to PacifiCorp/UP&L merger in state PSC and FERC proceedings.
Missouri River Energy Services (MRES)
- (Intergovernmental entity comprised of 57 municipal electric systems in Iowa, Minnesota, North Dakota and South Dakota) Comprehensive representation as General Counsel relating to: (1) creation and ongoing operation of MRES (formerly Missouri River Municipal Power Agency) as a multistate consumer-owned wholesaler of power (currently employs 24 people); (2) allocation of power from federal Pick-Sloan Project (Eastern Division); (3) creation of legal arrangements to acquire, operate and deliver 280 MW of coal, and oil-fired generation; (4) financing of power and transmission facilities including rendering of opinions in connection with revenue bonds to acquire power resources ($276 million), subsequent refundings (total $417 million) and transmission facilities ($17 million); (5) acquisition of, negotiation with and regulation of relationships with certified cogeneration and small power production facilities including representation in major state court litigation regarding state mini-PURPA law; (6) FERC policy proceedings concerning changing regulation of electric utility industry including comments to FERC concerning regional transmission groups and appropriate transmission pricing policy and intervention in lead cases; and (7) advised on investigation of management and disposition of derivative securities under applicable public investment laws.
New England Public Power NEPOOL Review Committee
- (Coalition of all public power systems (municipal and cooperative) in New England) Preparation of comments on FERC Notice of Inquiry Concerning Alternative Power Pooling Institutions Under the Federal Power Act (Docket No. RM94-20-000).
Colorado River Commission of Nevada
- (State agency responsible for purchasing federal electric power) Acquisition of electric distribution facilities from Western Area Power Administration.
Overton Power District
- (Special governmental district owning electric power system) PURPA and service area matters; defense against FERC rate filings by Nevada Power Company.
Valley Electric Association, Pahrump
- (Generation and transmission cooperative) Specialized representation concerning (1) dealings with cogenerators and small power producers under PURPA; and (2) rate filings before FERC by Nevada Power Company.
Ridgewood Energy Electric Power, L.P.
- (Private developer of cogeneration and electric generation facilities) Advice and assistance on federal energy regulatory issues.
Plains Electric Generation and Transmission Cooperative, Inc
- (Generation and transmission cooperative serving 13 member cooperatives; merged into Tri-State Generation & Transmission Association) Defense against rate filings before FERC by Public Service Company of New Mexico; Filing of preliminary permit applications for hydroelectric projects; and FERC matters involving cogeneration and small power production and electric utility mergers and electric utility restructuring.
Great Bear Hydropower Company, Inc
- (Private developer of hydroelectric facilities) Advice and assistance in preparing and filing applications to FERC for preliminary permits and licenses
East End Long Island Towns
- (Southampton, East Hampton, Riverhead, Southold and Shelter Island) (New York municipalities) Advise and assistance on municipalization study.
Solvay, New York, Village of
- (Municipal electric department) Representation in connection with investigation and acquisition of supplemental power supply (in addition to NYPA hydro allocation); system expansion in dual franchise area; interconnection issues; electric service arrangements with large industrial customers and other power supply and transmission issues.
County of Westchester Public Utility Service Agency
- Advice and assistance in connection with the submission of comments concerning FERC’s Standard Market Design rulemaking (FERC Docket No. RM01-12-000).
Zuckerman, Spaeder, Goldstein, Taylor & Kolker (Washington, D.C.)
- (Oneida Indian Nation, New York) Advice on wheeling, municipalization and power supply strategy.
American Municipal Power-Ohio, Inc. (AMP-Ohio)
- (Statewide coordinating group for bulk power supply for Ohio municipal electric systems) Legal opinion regarding state and federal jurisdiction over transmission and interconnection.
Archbold, City of
- (Ohio municipality) Performed analysis of legal issues in study of feasibility of establishing a municipal electric system.
Bowling Green, City of
- (Electric system purchasing wholesale power (1990 peak load of 55 MW)) Review of power purchase contracts.
Brook Park, City of
- (Municipality (pop. approx. 25,000)) Investigate the legal feasibility of establishing a municipal electric system to replace retail electric service by the Cleveland Electric Illuminating Company.
Bryan, City of
- (Electric system owning and operating facilities and purchasing wholesale power) Specialized representation relating to: (1) Transfer of wholesale power relationship from Toledo Edison Company to Ohio Power Company; (2) Interconnected utility operations; (3) purchase of generating unit and construction of transmission facilities; (4) purchases of natural gas; (5) negotiation and drafting of contract for purchase of power from biomass generating facility; and (6) employment and labor relations. General representation in connection with development hybrid fiber-coaxial broadband system for cable television and internet applications, development of agreements with for internet, cable television and closed circuit video communications systems. Also provide specialized representation to City Departments on labor and employment matters.
Cleveland Public Power, City of Cleveland
- (Largest municipal electric system in Ohio) Specialized representation relating to: (1) Proposed power sales contract with state-wide agency for acquisition of thermal generation; and (2) Misc. matters regarding CPP's membership in state-wide organization.
Clyde, City of
- (Municipal electric system) Specialized representation concerning (1) establishment of municipal electric system to replace Toledo Edison Company, and system operation; (2) negotiation and drafting of contract for purchase of power from biomass generating facility.
Edgerton, City of
- (Municipal electric system) Investigating options for alternative power supply.
Hamilton City of
- (Electric system owning and operating thermal and hydroelectric generating facilities and purchasing wholesale power); natural gas system owning and operating facilities and purchasing wholesale natural gas) Specialized representation relating to litigation against Vanceburg, KY challenging validity of "take or pay" power sales contract and Vanceburg's related bond issues ($140 million) - (1) FERC natural gas rate and certificate filings by Hamilton's interstate pipeline supplier, Texas Gas Transmission Corp., and others; (2) contracts with natural gas transportation customers; (3) comments on FERC rulemaking procedures; and (4) contract negotiations with new pipeline suppliers (Trunkline, Texas Eastern and ANR) and representation in resulting FERC proceedings.
Minerva, City of
- (Municipality) Prepared legal analysis of issues and feasibility of establishing a municipal electric system to replace electric service by the Ohio Edison Company.
Montpelier, City of
- (Municipal electric system) Investigating options for alternative power supply; review of power supply contracts; review of contracts, ordinances, and background studies for participation in and FERC licensing of a hydroelectric project on the Ohio River; General representation concerning transmission, power supply and water system issues.
Northwest AMP-Ohio Service Group
- (Power pooling group of 13 Ohio municipal electric systems (Bowling Green, Bradner, Custar, Edgerton, Elmore, Genoa, Haskins, Montpelier, Napoleon, Oak Harbor, Pemberville, Pioneer and Woodville)) Legal analysis of proposed purchase of hydroelectric project.
Ohio Municipal Electric Generating Agency-Joint Venture No. 4
- (City of Bryan and Villages of Edgerton, Montpelier and Pioneer) (Joint venture among four Ohio municipalities for the ownership, operating and expansion of 69 kV transmission system for mutual interconnection and other purposes) Defense of multiple litigation brought by The Toledo Edison Company and others challenging municipalities' right to construct, own and operate 69 kV transmission facilities, and to serve 10 MW industrial customer, located outside of municipal limits. Advice on drafting joint venture agreement, enabling legislation and various other municipal joint venture contractual arrangements.
Ohio Municipal Electric Group (OMEG)
- (Municipal electric systems of Arcadia, Bloomdale, Bryan, Carey, Clyde, Cygnet, Deshler, Greenwich, Ohio City, Plymouth, Republic, St. Clairsville, Shelby, Shiloh, Sycamore, Wharton and Wapakoneta, Ohio) Defense against rate filings before FERC by Ohio Power Company and American Electric Power Service Corporation including successful litigation before U.S. Supreme Court; Advice on acquisition of share of Ohio's allocation of PASNY power available to non-New York preference customers; Advice on certification by the FCC and regulation of cable TV basic service and equipment rates; Negotiation and drafting of wholesale power supply contracts.
Pioneer, City of
- General representation in connection with electric service agreements with industrial customers, establishment of 69 kV transmission interconnection, other electric transmission issues.
Rittman, City of
- (Municipality) Legal study of feasibility of establishing a municipal electric system to replace retail electric service by the Ohio Edison Company.
St. Clairsville, City of
- (Municipal electric and water system) Review of water sales contract, relationship with other utilities.
Wapakoneta, City of
- (Municipal electric system) Advice on economic development and electric service to new industrial load.
Grand River Dam Authority
- (State electric power agency) Representation on rate matters before FERC; Relicensing of hydroelectric projects and post-licensing issues before FERC and federal courts of appeals (e.g., Brady v. FERC, 416 F.3d 1 (D.C. Cir. 2005)).
The Cities of Claremore, Collinsville, Cushing, Lindsay, Mannford, Miami, Pawnee, Pryor, Sallisaw, Skiatook, Stillwater, Stilwell, Stroud, Tahlequah, and Wagoner, Oklahoma
- Negotiation of wholesale power supply arrangements.
Stillwater, City of
- Specialized representation regarding compliance with the Public Utility Regulatory Policies Act.
- (Independent energy company assisting end users acquire and utilize electric power resources) General advice on energy law.
- (Diversified major industrial corporation) Specialized representation concerning electric power supply and transmission issues (details of assignments are confidential but can be discussed in detail under appropriate circumstances). Previously, representation in FERC natural gas rate and certificate proceedings involving suppliers to USX plants in various parts of the U.S. including: (1) evaluation of pipeline construction; (2) assistance in obtaining and user transportation; (3) representation in FERC gas rate cases. Retention of firm partner as expert witness on federal regulation of natural gas industry for federal district court proceeding.
Pascoag Utility District
- Advice and litigation representation concerning utility mergers, power supply, transmission issues; Legislative drafting (restated enabling legislation (R.I.G.L. ch. 45-58); and representation in connection with retention of power supply in relicensing of New York hydropower facilities (St. Lawrence and Niagara plants).
South Carolina Public Service Authority (Santee Cooper)
- (State electric power agency) Analysis of rights under power supply contracts and advice on nuclear power plant licensing issues.
Texas Public Utilities Commission and Attorney General
- (State regulatory commission and state chief legal officer) Litigation before U.S. Court of Appeals relating to federal assertion of jurisdiction over electric utilities in Texas.
Westchester Gas Company
- (Natural gas producer) Advice concerning federal regulations of natural gas industry and monitoring of Congressional consideration of natural gas issues.
U.S. Virgin Islands
Virgin Islands Water and Power Authority
- (U.S. territorial agency owning and operating electric generating facilities. ) Specialized representation relating to: (1) federal PURPA law and territorial PURPA statute; (2) issuance of refunding bonds; and (3) federal district court and state regulatory jurisdiction over cogeneration developer; and (4) arbitration of multi-million dollar dispute with failed cogeneration project.
Geneva Steel Corporation
- (Steel manufacturer) Advice and representation on energy matters.
Kanab, City of
- (Municipality previously served by Utah Power & Light Company) Comprehensive specialized representation in connection with establishment of municipal electric system, including: (1) development of municipalization strategy, counseling on its implementation, and assembling of multi-disciplinary consultant team, (2) offensive and defensive litigation, (3) contracting for power supply, transmission and operation and maintenance services, (4) project financing, and (5) negotiation of buy-out of local distribution system from Utah Power & Light Company. Subsequent representation on power supply, transmission and financing matters.
Logan City, City of
- (Municipal electric system) Advice on strategy for retention of major customer. Representation in federal court in litigation brought by competitor seeking to take over service to major customer.
- (Municipal electric system) General representation on power resource matters relating to: (1) acquisition of ownership in new Utah Power & Light Co. generating plant (Hunter 1) and rendering of approving opinions on related revenue bond financing ($26 million); and (2) development of 10 MW geothermal generating project.
Utah Municipal Power Agency (UMPA)
- (Intergovernmental entity comprised of Provo City and 5 smaller municipal systems in Utah) Comprehensive representation as General Counsel relating to creation and ongoing operation of UMPA as an intergovernmental entity: (1) establishment of pooling arrangement for allocations of federal power from Colorado River Storage Project; (2) creation of legal arrangements to acquire, operate and deliver 155 MW of coal, natural gas, and hydro-based oil-fired generation; (3) financing of power facilities including rendering of opinions in connection with revenue bond issues ($46 million); (4) rate filings before FERC by Utah Power & Light Company; (5) negotiated wheeling agreements in settlement of application to FERC for wheeling service from Utah Power & Light Company under "PURPA"; (6) filing of applications for preliminary permits for several potential hydroelectric projects in Utah and one license application to compete for the relicensing of a project currently licensed to Utah Power & Light Company; and (7) strategy planning, arbitration and litigation in bankruptcy court as creditor to remove and replace operator/developer of 10 MW geothermal project, resulting in acquisition of the project as part of global settlement.
Lamoille County Systems
- Representation of five municipal utilities (Hardwick, Hyde Park, Johnson, Morrisville and Stowe) in FERC litigation of proposed cost allocation for a non-looped high voltage (115 kV) transmission facility (FERC Docket No. EL07-11-000).
Clean Air Capital Markets
- Advice on opportunities for financing municipalizations.
Public Power Development Corporation
- (Non-profit corporation organized to provide non-federal financing for power generating facilities at federal multi-purpose water projects) Conceptualization and organization of corporate entity, financing of power projects.
Public Service Commission of the District of Columbia
- (Governmental body) Served as Staff Counsel in PEPCO retail rate proceeding (Formal Case No. 869).
Oconto Falls, City of
- (Municipal electric system) Litigation before FERC and U.S. Court of Appeals on hydroelectric relicensing issues.
Wisconsin Joint Action Committee
- (Ad hoc group of Wisconsin cooperative and municipal systems) Specialized representation relating to: (1) litigation before Nuclear Regulatory Commission regarding wheeling and acquisition of generating plants; and (2) counseling on establishment of coordinated statewide consumer-owned power organization.
Cody, City of
- Specialized representation regarding negotiation of terms and conditions of transferring and serving retail electric customers annexed into the city, but previously served by another electric supplier.
Laramie River Generating Station
- (Basin Electric Power Cooperative, ND; Tri-State G&T, CO., Missouri Basin Municipal Power Agency, SD, City of Lincoln, NB, Heartland Consumers Power District, SD) Firm's partner served as Chairperson of Legal Committee which developed all documentation and supervised licensing of 1500 MW jointly-owned, coal-fired generating project and related transmission system near Wheatland, Wyoming.
Wyoming Municipal Power Agency
- (Intergovernmental entity comprised of 6 municipally-owned electric systems in Wyoming) Advice on contractual arrangements and electric power industry restructuring developments and related strategy considerations.