Representative Matters

  • In a pivotal early case, Consumers Power Co. (Midland Plant, Unit Nos. 1 & 2), NRC Docket Nos. 50-329-A, et al., 6 N.R.C. 892 (1977), under the Nuclear Regulatory Commission’s antitrust jurisdiction, he helped open access by smaller municipals and cooperatives to transmission — the roads of electricity — at a time when many systems could not buy transmission services at all. He also helped achieve rights of joint generation plant participation, and of comparable back up and coordination arrangements to those that possess and exercise dominant utilities.
  • Since then, in numerous antitrust, power supply, nuclear participation, merger, electric restructuring and rate cases, he has teamed up to achieve smaller systems’ ability to own and buy transmission on fair terms and participate in joint ownership and power supply arrangements. E.g., Florida Municipal Power Agency v. Florida Power & Light Co., 64 F.3d 614 (11th Cir. 1995), enforced, 81 F. Supp. 2d 1313 (M.D. Fla. 1999).
  • Bob was designated by the United States Court of Appeals for the District of Columbia Circuit as a lead counsel and by transmission-dependent petitioners on behalf of municipal and cooperative transmission-dependent entities, including the American Public Power Association and the National Rural Electric Cooperative Association, to advise the Court of Appeals in 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). This was the appeal of the Federal Energy Regulatory Commission’s major electricity restructuring Order No. 888 cases.
  • At the New York State Public Service Commission, he supervised virtually all staff litigation before the Commission, participating in major agency, state and federal cases, which included electric, natural gas, telephone, water and transportation.
  • At the Federal Power Commission, Bob worked on appellate litigation and major natural gas area rate cases.  These cases, which established ceiling prices for natural gas production over broad areas of the United States, include:
    • Area Rate Proceeding (Hugoton-Anadako Area), Docket No. AR64-1, et al.
    • Area Rate Proceeding (Texas Gulf Coast Area), Docket No. AR64-2, et al.
    • Pipeline Production Area Rate Proceeding, Docket No. RP66-24
    • Area Rate Proceeding (Offshore Southern Louisiana Federal Domain and Disputed Areas), Docket No. AR69-1, et al.
  • More recently, Bob has represented the Central Minnesota Municipal Power Agency (“CMMPA”) and the Midwest Municipal Transmission Group (“MMTG”) in securing the ability to invest in the Upper Midwest electric transmission grid on comparable terms with privately-owned electric utilities and achieving fair rates and terms for their transmission use.  CMMPA and MMTG have municipally-owned electric utility members throughout the Upper Midwest.  Bob’s representation has involved numerous litigated cases and negotiations against privately owned electric utilities over many years.  E.g., Central Minnesota Municipal Power Agency, 134 FERC ¶ 61,115 (2011) (establishing that CMMPA and MMTG can receive comparable returns to investor-owned utilities for transmission that they own); Midwest Independent Transmission System Operator, Inc., 128 FERC ¶ 61,047 (2009) (establishing that municipally owned utilities can receive credit for their transmission ownership, including equity returns).
  • In one typical case, Bob helped an Iowa municipal utility that pays transmission grid rates receive acceptance of its transmission facilities into the grid and therefore grid compensation.  After favorable principles were established the case was settled.  City of Pella v. Midwest Independent Transmission System Operator, Inc., 134 FERC ¶ 61,081 (2011), settlement approved, 140 FERC ¶ 61,029 (2012).