Go Back to Energy

INDUSTRY

State Energy Regulation

Our clients benefit from our experience as a top state regulation utility practice. We have represented utilities before state public service commissions in every type of proceeding, and we advise our clients on business strategies to positively affect their operations and transactions.

We have one of the premier state regulation utility practices in the U.S. The firm has represented utilities before state public service commissions since the 1920s in every type of proceeding. Our clients have the advantage of working with attorneys who have a proven track record of successfully handling traditional utility cases and the capability to tackle new and emerging utility issues. We offer clients the flexibility to seek advice on individual issues or to fully utilize our attorneys to represent them in cases that most impact their businesses.

Our representation covers the entire range of utility regulation, including the following:

  • Fuel-cost recovery.
  • Plant construction (nuclear, gas, and coal).
  • Competitor and customer complaints.
  • Marketing practices.
  • Power-purchase agreements.
  • Renewable resources, including solar and wind.
  • Biomass development and certification.
  • Integrated resource planning.
  • Conservation programs.
  • Rulemakings and compliance with state and federal rules.

We also provide strategic advice in a variety of renewable areas currently affecting our clients, including net metering, solar-avoided cost, and Public Utility Regulatory Policies Act (PURPA) matters.

We routinely advise utilities in the areas of acquiring additional generation capacity, with particular focus on nuclear, fossil, and renewable generation. We also advise our clients on territorial service matters, transmission and distribution matters, and the development and implementation of demand-side measures and energy efficiency.

We have a long record of successful litigation and trial experience, including significant work in witness preparation and cross-examination of opposing expert witnesses. We have been nationally recognized for our work as advocates before state commissions and the courts. Our strength comes from a group encompassing diverse regulatory backgrounds, including significant experience working within regulatory agencies and legislative bodies. We are not just attorneys to our clients – we are business associates who work with clients from the beginning to the end of a matter.

We serve as counsel in the development and negotiation of requests for proposals (RFPs) for power purchases. This includes extensive experience in the development of and compliance with the state regulatory RFP process, including the negotiating of power purchase and ancillary agreements. We provide ongoing support for contract management of power purchase agreements, including change of control transactions, contract amendments, and amendments to public convenience and necessity certificates.

  • Represented a utility in designing and implementing one of the largest voluntary solar energy procurement programs in the U.S. We continue to represent the utility in procuring utility-scale and distributed-generation solar resources totaling more than 735 megawatts to be placed in service over a four-year period, substantially increasing the amount of cost-effective solar energy resources in the state in the absence of a mandated renewable portfolio standard.
  • Represented a midstream energy client in obtaining Railroad Commission of Texas approval for the Trinity Gas Storage natural gas storage project, a critical component in the effort to enhance energy infrastructure and security in Texas.
  • Represented a utility in a rate case and negotiated a settlement whereby the state commission approved, without modification, a three-year accounting order that provided the stable and constructive rates and timely recovery needed to make the significant capital investments deemed appropriate by the state commission.
  • Represented a utility in an integrated resource planning and demand-side management program proceeding and negotiated a settlement whereby the state commission approved the utility’s environmental compliance program to retire over 2,000 megawatts of coal- and oil-fired power plants and certified several demand-side/energy efficiency programs estimated to reduce peak demand by approximately 2,000 megawatts.
  • Obtained certification of one of the first two new nuclear facilities to be constructed in the U.S. in the past two decades. We continue to represent this client before the state public service commission through the commission’s ongoing construction monitoring process.
  • Represented two utilities in connection with their separate applications before their respective state regulatory agencies for recovery of accounting for early development costs related to the development of new nuclear power plants.
  • Represented a large utility client and obtained a settlement in a recent fuel cost recovery case.
  • Obtained approval to construct an 800-megawatt supercritical pulverized coal (“clean coal” technology) facility, over strong opposition from environmentalists, the state attorney general, industrial customer organizations, and local press.
  • Counseled utility clients in all matters and activities concerning competitive RFPs, including the creation of the RFP criteria and development of the pro forma contracts, negotiations with the winning bidders, preparation of witnesses for certification hearings, and successful contract certification to ensure cost recovery by the state public service commission.

Our highest goal? Achieving yours.

Exceptional results are our best practice

Find your professional