Representative Matters

  • Cindy represented TAPS in the extensive legislative proceedings that led to the passage of the Energy Policy Act of 1992.  She continued this representation in the lead-up to the enactment of the Energy Policy Act of 2005, particularly on the issues of native load service obligations, long-term rights and reliability.  On TAPS’s behalf, Cindy has been involved in every major electric and reliability rulemaking proceeding.  She currently serves on NERC’s Risk-Based Registration Advisory Group and Reliability Assurance Initiative Advisory Group.
  • Representing TAPS, Cindy secured many transmission customer protections in FERC’s landmark transmission open access rule, Order No. 888.  She continued to represent TAPS on appeal at the D.C. Circuit, both as a lead appellant and an intervenor generally aligned with FERC on open access requirements, and filed an amicus brief at the Supreme Court on jurisdictional issues.  The rule was upheld in almost all respects.  Transmission Access Policy Study Group v. FERC, 225 F.3d 667 (D.C. Cir. 2000), aff’d sub nom. New York v. FERC, 535 U.S. 1 (2002).
  • Cindy and others in the firm represented a coalition of Midwestern load-serving utilities in connection with the Midwest ISO’s transition to centralized energy markets.  We achieved myriad consumer-protective improvements to the Midwest ISO market design.  The firm has continued to represent that “Midwest TDUs” coalition in many proceedings pertaining to the Midwest ISO tariff, for example with regard to the Midwest’s “Resource Adequacy Requirement” provisions.  Cindy also represents a number of public systems in proceedings related to the Southwest Power Pool, Inc. tariff.
  • Cindy and others in the firm represented a coalition of Iowa, Minnesota and Wisconsin consumer-owned utilities with respect to the sale of Interstate Power & Light’s transmission system to ITC Midwest.  The case proceeded through trials before both the Iowa and Minnesota state commissions, and was ultimately resolved through a combination of settlements and a ruling by FERC.  ITC Holdings Corp., 121 FERC ¶ 61,229 (2007).  The firm participated directly in the settlement negotiations.  The outcome imposed several conditions on the sale, including a substantial reduction in ITC Midwest rates.
  • Cindy has worked with a number of municipal and cooperative systems to self-report possible violations of reliability standards, helping those clients navigate through their exposure to significant penalties.  She has also represented such systems in FERC enforcement efforts.

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