Representative Matters

U.S. Supreme Court Experience

  • The Maryland Public Service Commission in an appeal of a district court decision striking down a PSC order aimed at ensuring service reliability.  Scott argued the case before the U.S. Supreme Court on February 24, 2016.  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).
  • The Chair and Commissioners of the New York State Public Service Commission in a case defending New York’s zero-emissions credit component of the state’s “Clean Energy Standard.” The district court dismissed the complaint against the Commission; the second circuit affirmed; and the Supreme Court denied a petition for certiorariCoalition for Competitive Electricity v. Zibelman, 272 F. Supp. 3d 554 (S.D.N.Y. 2017), aff’d, 906 F.3d 41 (2d Cir. 2018), cert. denied sub nom. Elec. Power Supply Ass’n v. Rhodes, 87 U.S.L.W. 3405 (U.S. Apr. 15, 2019) (No. 18-879).
  • Amici Curiae American Public Power Association and National Rural Electric Cooperative Association in a proceeding involving rights of parties who did not consent to a settlement to challenge rates under those contracts under the “ordinary just and reasonable” standard. NRG Power Marketing, LLC v. Maine Public Utilities Commission, 558 U.S. 165 (2010).

Federal Court and Agency Experience

  • The Connecticut Public Utilities Regulatory Authority in complaint challenging the return on equity used to set New England region wide transmission rates. The Federal Energy Regulatory Commission directed a substantial ROE reduction. Coakley v. Bangor Hydro-Electric Co., Op. No. 531, 147 FERC ¶ 61,234, on paper hearing, Op. No. 531-A, 149 FERC ¶ 61,032 (2014), on reh’g, Op. No. 531-B, 150 FERC ¶ 61,165 (2015), vacated and remanded sub nom. Emera Maine v. FERC, 854 F.3d 9 (D.C. Cir. 2017).
  • The New Jersey Rate Counsel in a complaint proceeding concerning proposed changes to design of regional capacity market design. PJM Interconnection, L.L.C., 135 FERC ¶ 61,022, reh’g denied, 137 FERC ¶ 61,145 (2011), review denied sub nom. New Jersey Board of Public Utilities v. FERC, 744 F.3d 74 (3d Cir. 2014).
  • A Massachusetts municipally owned utility joint action agency and a New Hampshire electric cooperative in a challenge to proposed changes to the treatment of “self‑supplied” capacity resources. ISO New England Inc., 135 FERC ¶ 61,029 (2011), reh’g denied in part and granted in part, 138 FERC ¶ 61,027 (2012), review denied sub nom. New England Power Generators Association v. FERC, 757 F.3d 283 (D.C. Cir. 2014).

State Court and Agency Experience

  • The District of Columbia Government in a proceeding concerning the proposed acquisition by AltaGas of Washington Gas. Following an evidentiary hearing, the case was resolved by settlement. In re the Merger of AltaGas Ltd. & WGL Holdings, Inc., Order No. 19396, Formal Case No. 1142 (D.C. Pub. Serv. Comm’n June 29, 2018).
  • The District of Columbia Office of People’s Counsel in its appeal of the D.C. Public Service Commission’s approval of the Exelon PHI merger. Office of People’s Counsel v. Pub. Serv. Comm’n, 163 A.3d 735 (D.C. 2017).
  • The D.C. Office of People’s Counsel in a distribution service rate increase proceeding. The litigation resulted in Commission order substantially reducing proposed increase. In re the Application of the Potomac Electric Power Co. for Authority to Increase Existing Retail Rates & Charges for Electric Distribution Service, Formal Case No. 1139, Order No. 18,846, 338 P.U.R.4th 341 (D.C. Pub. Serv. Comm’n July 25, 2017), corrected, Order No. 18,850 (D.C. Pub. Serv. Comm’n July 31, 2017).
  • The D.C. Office of People’s Counsel in a proceeding involving investigation of gas distribution rates. The litigation resulted in Commission order substantially reducing Company proposed rate increase. In re Washington Gas Light Co. for Authority to Increase Existing Rates & Charges for Gas Service, Formal Case No. 1137, Order No. 18,712, 336 P.U.R.4th 8 (D.C. Pub. Serv. Comm’n Mar. 3, 2017), reconsideration denied and clarified, Order No. 18,768 (D.C. Pub. Serv. Comm’n May 12, 2017).
  • The State of Maryland and the Maryland Energy Administration in a proceeding concerning the proposed acquisition by Exelon Corporation of PHI Holdings, Inc. In re the Merger of Exelon Corp. & Pepco Holdings, Inc., Case No. 9361, Order No. 86,990, 321 P.U.R.4th 6 (Md. Pub. Serv. Comm’n 2015).
  • The State of Maryland and Maryland Energy Administration in a proceeding concerning proposed merger. Litigation resulted in Commission‑approved settlement conditioning merger on the provision of some $1 billion in benefits to the state, residents, and ratepayers. In re the Merger of Exelon Corp. & Constellation Energy Group, Inc., Case No. 9271, Order No. 84,698, 295 P.U.R.4th 183 (Md. Pub. Serv. Comm’n 2012).
  • The State of Maryland and Maryland Energy Administration in a challenge to proposed acquisition by EDF, a French utility, of a nearly 50 percent interest in Constellation Energy’s nuclear subsidiary. Litigation resulted in approval of transaction with conditions imposing substantial ratepayer protective conditions and separate $110 million rate credit. In re the Future Financial Condition of Baltimore Gas & Electric Co., Case No. 9173 (Phases I and II), Order No. 82,719, 273 P.U.R.4th 522 (Md. Pub. Serv. Comm’n), further proceeding, Order No. 82,986, 277 P.U.R.4th 365 (Md. Pub. Serv. Comm’n 2009).

Labor Litigation Experience

  • The Utility Workers Union of America Local 1-2 in a challenge to Consolidated Edison Company of New York’s July 2012 lockout of 8,500 utility workers. The matter was resolved by settlement. Request for Investigation of Utility Workers Union of America, AFL-CIO, Local 1-2, Docket No. 12-M-0306 (N.Y. Pub. Serv. Comm’n).
  • The Utility Workers Union of America Local 537 in a challenge to proposed staffing reductions. The water company was required to rescind proposed layoffs of union personnel. West Virginia American Water Co., Case No. 11-0740-W-GI, 293 P.U.R.4th 107 (W.Va. Pub. Serv. Comm’n 2011).
  • The International Brotherhood of Electrical Workers Local 1245 in a request for the initiation of an investigation into “graying workforce” concerns. Investigation Regarding Whether the Workforce of Sierra Pacific Power Co. d/b/a NV Energy (“SPPC”) Is, or in the Future Will Be, Experiencing a Significant Amount of Aging, and the Potential Impact, If Any, That Such Aging May Have on the Reliability of SPPC’s Service, Docket No. 11-02015 (Nev. Pub. Utils. Comm’n Jan. 30, 2014).
  • The Utility Workers Union of America Local 369 in a successful challenge to Commission rejection of a complaint alleging that the employer was engaging in political contribution “solicitation.” Utility Workers Union of America, Local 369, AFL-CIO v. Federal Election Commission, 691 F. Supp. 2d 101 (D.D.C. 2010).

Telecommunications Experience

  • Served as counsel to a complainant in the first “Formal Complaint” filing under Section 255 of the Communications Act. A settlement resulted in production and marketing of a cell phone with accessibility features for persons with blindness or vision disabilities. O’Day v. Audiovox Communications Corp., DA Docket No. 03-4116, 19 FCC Rcd 14 (2004).

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