Representative Matters

U.S. Supreme Court

  • Represented the Maryland Public Service Commission in an appeal of court decisions striking down on preemption grounds a commission order aimed at ensuring service reliability and supporting development of new generation facilities.  PPL EnergyPlus, LLC v. Nazarian, 753 F.3d 467 (4th Cir. 2014), aff’d sub nom. Hughes v. Talen Energy Mktg. LLC, 136 S. Ct. 1288 (2016).
  • Drafted briefs for amici curiae American Public Power Association and National Rural Electric Cooperative Association regarding the “Mobile Sierra doctrine” and the standards under which FERC reviews tariff rates and contract rates challenged by non-contracting parties.  NRG Power Marketing, LLC v. Maine Public Utilities Commission, 558 U.S. 165 (2010).
  • Drafted briefs for amici curiae American Public Power Association and National Rural Electric Cooperative Association regarding challenges to contract rates negotiated during the 2000–01 Western electricity market meltdown.  Morgan Stanley Capital Group, Inc. v. Public Utility District No. 1, 554 U.S. 527 (2008).

Other Federal Courts and Federal Agencies

  • Represented the Chair and Commissioners of the New York State Public Service Commission in challenge to New York’s zero-emission credits component of the state’s “Clean Energy Standard.” The district court dismissed the complaint against the Commission.  Coalition for Competitive Electricity v. Zibelman, 272 F. Supp. 3d 554 (S.D.N.Y. 2017), aff’d, 906 F.3d 41 (2d Cir. 2018).
  • Briefed and argued appeal by consumer-owned New England utilities challenging FERC decisions limiting their ability to fulfill their capacity requirements with self-supplied resources.  New England Power Generators Association v. FERC, 757 F.3d 283 (D.C. Cir. 2014), on appeal from ISO New England Inc., 135 FERC ¶ 61,029 (2011), reh’g denied in part and granted in part, 138 FERC ¶ 61,027 (2012).
  • Briefed, opposed transfer, and assisted in preparation for argument in appeal challenging FERC decisions that interfere with state efforts to plan and support development of new generation needed for reliability and to get credit for those resources in PJM’s capacity market.  New Jersey Board of Public Utilities v. FERC, 744 F.3d 74 (3d Cir. 2014), on appeal from PJM Interconnection, L.L.C., 135 FERC ¶ 61,022, reh’g denied, 137 FERC ¶ 61,145 (2011).
  • Represented consumer-owned utilities supporting FERC approval of New England capacity-market settlement, except as to “Mobile Sierra” issues.  Maine Public Utilities Commission v. FERC, 520 F.3d 464 (D.C. Cir. 2008), reversed in part sub nom. NRG Power Marketing LLC v. Maine Public Utilities Commission, 558 U.S. 165 (2010).
  • Drafted comments filed by more than 40 state utility commissions, attorneys general, consumers advocates, consumer-owned utilities and national and regional environmental, consumer and energy-policy NGOs seeking changes to FERC’s transmission incentive-rate policy.  Promoting Transmission Investment Through Pricing Reform, Order No. 679, 71 Fed. Reg. 43,294 (July 31, 2006), FERC Stats. & Regs. ¶ 31,222 (2006), on reh’g, Order No. 679-A, 72 Fed. Reg. 1152 (Jan. 10, 2007), FERC Stats. & Regs. ¶ 31,236 (2006), clarified, 119 FERC ¶ 61,062 (2007).
  • Represented state utility commission negotiating rate changes, refunds, and modification of procedures for future pre-filing review of ISO New England administrative rates and charges.  ISO New England, Inc., 143 FERC ¶ 61,279 (2013).

State Agencies

  • Represented the D.C. Office of People’s Counsel and cross-examined expert utility witness regarding the methods used to calculate the depreciation component of gas distribution rates.  In re Investigation into the Reasonableness of Washington Gas Light Co.’s Existing Rates & Charges for Gas Service, Formal Case No. 1093, Order No. 17,132, 305 P.U.R.4th 1 (D.C. Pub. Serv. Comm’n 2013), reconsideration denied in relevant part, Order No. 17,204 (D.C. Pub. Serv. Comm’n July 31, 2013).
  • Represented the D.C. Office of People’s Counsel opposing the Potomac Electric Power Company’s requested increase in distribution service rates.  In re Potomac Electric Power Co. for Authority to Increase Existing Retail Rates & Charges for Electric Distribution Service, Formal Case No. 1087, Order No. 16,930, 300 P.U.R.4th 166 (D.C. Pub. Serv. Comm’n 2012).