Electric

October 30, 2020

FERC Rejects ISO New England’s “Energy Security Improvements” Proposal

FERC issued an order on October 30 rejecting ISO New England’s proposed suite of “Energy Security Improvements” or “ESI.” Approval of ESI would have imposed enormous charges on New England consumers in return for dubious — if any — regional reliability/fuel security benefits. ISO New England filed the proposal in response to a FERC directive to adopt a...

Scott H. Strauss, Jeffrey A. Schwarz, , Amber L. Martin Stone

August 27, 2020

Strauss, Schwarz and Hopkins Publish Op-Ed on FERC’s Capacity Markets’ Effects on Clean Energy and Consumer Costs

Presidential candidate Biden and Congress are focused on solutions to the climate crisis. Billions of dollars in new investment will be needed. But money will not be enough. In our op-ed, “FERC's Capacity Markets Limit Clean Energy and Cost Billions; It’s Time for Congress to Act,” published August 27, 2020, in Utility Dive, we argue that...

Scott H. Strauss, Peter J. Hopkins, Jeffrey A. Schwarz

May 5, 2020

Chambers Again Recognizes Spiegel & McDiarmid LLP

Bogorad, Pomper, Strauss Highlighted

Spiegel & McDiarmid LLP thanks our clients for their continued support and confidence as reflected in the recognition the firm has recently received from Chambers USA. For the seventh consecutive year, Chambers & Partners has recognized Spiegel & McDiarmid LLP as one of the nation’s leading law firms in the area of “Energy: Electricity (Regulatory & Litigation)...

Cynthia S. Bogorad, David E. Pomper, Scott H. Strauss

December 5, 2019

How FERC’s Peers Estimate Equity Costs

Spiegel partner David Pomper’s article, “How FERC’s Peers Estimate Equity Costs: A Deep Dive,” appears in the December 2019 issue of Public Utilities Fortnightly. It went to press before FERC issued its Opinion No. 569, which accords with the article’s observation that earnings/book ratios do not represent the capital attraction cost of equity and should not be used to...

David E. Pomper

November 22, 2019

Tim Lay Speaks at National and Texas Conferences on Recent FCC, Court and Hill Developments Impacting Local Governments.

Tim Lay spoke on panels at the annual conferences of the National Association of Telecommunications Officers and Advisors (NATOA) in Tampa, and the Texas Association of Telecommunications Officers and Advisors (TATOA) in Corpus Christi. The topic of the NATOA conference panel was “Franchise Fees and ROW Management: What’s Left After the FCC’s New Rules?” The topic of the

November 15, 2019

Bogorad, Pomper, Schwarz and Strauss Named 2020 “Super Lawyers” and Bayne and Nurani Named “Rising Stars” in Energy & Natural Resources

Spiegel & McDiarmid LLP is proud to announce that Cindy Bogorad, David Pomper, Jeff Schwarz and Scott Strauss have been selected as 2020 Washington DC “Super Lawyers” in the practice area of Energy & Natural Resources, and Jeff Bayne and Latif Nurani have been newly selected as “Rising Stars.” Super Lawyers, a Thomson Reuters business, is a rating service of...

Cynthia S. Bogorad, Scott H. Strauss, David E. Pomper, Jeffrey A. Schwarz, , Jeffrey M. Bayne

September 13, 2019

Daniel I. Davidson

It is with great sadness that we announce the death of our former partner, Daniel Davidson, who spent forty-five years of his legal career with Spiegel & McDiarmid. We remember Dan as an invaluable colleague and wonderful friend, who had a unique gift for crafting the right legal argument, locating the most apt case, and recommending...

July 30, 2019

Horwood, Lay Give Updates at Annual Conferences of National Community Media Organizations

Spiegel partners Jim Horwood and Tim Lay both made presentations at the Alliance for Community Media 2019 Annual Conference in Portland, Oregon on July 10. Tim spoke at the session on “Federal Policy Developments: What You Should Know and Do.” Jim spoke at the session on “State Policy Developments: What Are Good and Bad Developments to Monitor.” Jim...

James N. Horwood,

June 7, 2019

Spiegel Partner Pomper Responds to Article Criticizing Serial ROE Complaints

David Pomper responded to a recent article in the Public Utilities Fortnightly which faulted “successive customer complaints against the same ROE.”* In his letter to the editor in Fortnightly’s June issue, David provides some background on the 1988 Regulatory Fairness Act and its application of symmetry between utility rate increase filings under Federal Power Act section 205 and complaints...

David E. Pomper

May 16, 2019

FMPA Wins Complaint Against Duke, Restoring Queue Positions

On May 16, 2019, FERC granted a Florida Municipal Power Agency (FMPA) complaint against Duke Energy Florida (DEF), reinstating FMPA’s previously submitted requests for transmission service to supply its members with power generated from the Poinsett Solar Facility, a NextEra 75 MW solar installation that is part of the largest solar project in Florida. FMPA requested transmission service from DEF...

Cynthia S. Bogorad, William S. Huang

May 1, 2019

Court Relies on Scholars’ Amici Brief in Allowing Foreign Emoluments Case to Go Forward

On May 1, 2019, the U.S. District Court for the District of Columbia rejected the President’s motion to dismiss a suit brought by members of Congress alleging that the President has violated the Foreign Emolument Clause of the Constitution. Spiegel attorneys Katharine Mapes and Jeffrey Bayne represented amici curiae Separation of Powers Scholars. The amici brief, which can...

, Jeffrey M. Bayne

April 29, 2019

Chambers and Super Lawyers Again Recognize Spiegel & McDiarmid LLP

Bogorad, Mapes, Pomper, Schwarz, Strauss Highlighted

Spiegel & McDiarmid LLP writes to thank our clients for their continued support and confidence as reflected in the recognition the firm has recently received from Chambers USA and Super Lawyers. For the sixth consecutive year, Chambers & Partners has recognized Spiegel & McDiarmid LLP as one of the nation’s leading law firms in the...

Cynthia S. Bogorad, , David E. Pomper, Jeffrey A. Schwarz, Scott H. Strauss

April 23, 2019

Port of Portland Prevails in Airport Revenue Use Case

On April 23, 2019, the United States Court of Appeals for the DC Circuit affirmed the Federal Aviation Administration’s decision denying an administrative complaint brought by the Air Transport Association of America d/b/a Airlines for America (A4A) against the Port of Portland. At issue was whether the Port, which owns and operates the Portland International Airport, is violating federal...

Peter J. Hopkins

April 15, 2019

Supreme Court Declines to Hear Appeal of New York Subsidies Case

On April 15, the U.S. Supreme Court denied a petition for writ of certiorari, thereby ending a constitutional challenge brought by a group of fossil‑fueled generators against New York State’s zero-emissions credits (ZECs) program. The ZEC program provides production‑based subsidies to certain financially challenged nuclear plants, to keep those plants operating until new renewable electricity supplies can meet a...

Scott H. Strauss, Peter J. Hopkins, Jeffrey A. Schwarz

March 12, 2019

FERC Grants Complaint by Owensboro, Kentucky; Orders Refunds Exceeding $5.5 Million

In Owensboro Municipal Utilities v. Louisville Gas & Electric Co. and Kentucky Utilities Co., 166 FERC ¶ 61,131 (Feb. 21, 2019), Spiegel & McDiarmid LLP successfully enforced an obligation worth about half a million dollars each month to its client, Owensboro Municipal Utilities (“Owensboro”). In 2006, Louisville Gas & Electric and Kentucky Utilities (“LG&E/KU”) were allowed to leave what...

Thomas C. Trauger, David E. Pomper,

January 1, 2019

Latif Nurani Becomes a Spiegel & McDiarmid LLP Partner

Spiegel & McDiarmid LLP is pleased to announce that Latif M. Nurani has become a Partner in the firm. Latif has been with Spiegel & McDiarmid since 2011. Latif’s practice focuses on regulatory and policy issues related to electric reliability, market design and transmission rates. He represents municipal utilities, joint action agencies, and state agencies before the Federal Energy Regulatory Commission...

September 27, 2018

New York Prevails in Defense of Zero-Emission Credits

On September 27, 2018, in Coalition for Competitive Electricity et al. v. Zibelman et al.,* the Second Circuit upheld New York’s zero-emissions credits (ZECs) program, a component of its Clean Energy Standard and larger energy reform plan to reduce greenhouse gas emissions 40% by 2030. New York’s ZEC program aims to preserve the continued operation of nuclear generators, which do...

Scott H. Strauss, Peter J. Hopkins, Jeffrey A. Schwarz

June 1, 2018

Federal Appeals Court Upholds FERC Order Requiring Equitable Treatment of Mississippi Ratepayers

In the attached opinion issued June 1, 2018, by the U.S. Court of Appeals for the D.C. Circuit, Judge Sentelle affirms FERC’s decision to require Entergy Arkansas to continue sharing with its Mississippi and Louisiana affiliates, notwithstanding its withdrawal from the Entergy System Agreement, the benefits of a settlement agreement with the Union Pacific railroad. The settlement arose from...

David E. Pomper,

May 7, 2018

Spiegel Attorney Speaks on Panel at EBA Annual Meeting

Cindy Bogorad participated in a panel discussion at the Energy Bar Association’s 2018 Annual Meeting and Conference, Monday, May 7. The panelists explored the recent impacts of mergers and acquisitions on energy markets and the energy industry as a whole. Special attention was paid to FERC’s 2016 Notice of Inquiry on assessing (among other things) market power in transactions under...

Cynthia S. Bogorad

May 3, 2018

Chambers Again Recognizes Spiegel & McDiarmid LLP as a Leading Law Firm

Bogorad, Pomper and Strauss Also Ranked

We are pleased to announce that in its 2018 rankings Chambers & Partners has once again recognized Spiegel & McDiarmid LLP as one of the nation’s leading law firms. In writing about the firm, Chambers quotes respondents as categorizing our lawyers as “an excellent team who work very well together; they are proactive, excellent...

Cynthia S. Bogorad, David E. Pomper, Scott H. Strauss

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