November 10, 2022

D.C. Office of People’s Counsel Wins Remand in Pepco Rate Case

On November 10, 2022, the District of Columbia Court of Appeals — the District’s highest court — granted in full the petition for review filed by the D.C. Office of People’s Counsel (“OPC”), reversing and remanding D.C. Public Service Commission (“PSC”) rulings with respect to two aspects of its approval of Potomac Electric Power Company’s (“Pepco”) proposed multi-year rate...
August 23, 2022

D.C. Circuit Sides with State Petitioners Challenging Reliability-Must-Run Agreement Rates for Mystic Units 8 & 9 and Everett LNG Terminal

Spiegel & McDiarmid LLP attorneys achieved a significant victory that should reduce the bills paid by New England wholesale electric ratepayers to retain two gas-fired generators and their affiliated fuel supplier. In 2018, the owner of Mystic Units 8 & 9 moved to retire the generators, but the system operator, ISO New England (“ISO-NE”) found that the units were...
August 18, 2022

U.S. Court of Federal Claims Rules for Northern California Power Agency and California Cities

Spiegel & McDiarmid LLP attorneys achieved another milestone in a lawsuit brought by the Northern California Power Agency (“NCPA”) and the cities of Redding, Roseville and Santa Clara, California, to recover overcharges imposed on them by the U.S. Bureau of Reclamation under the Central Valley Project Improvement Act (“CVPIA”). NCPA and the cities buy hydroelectric power generated by the Bureau’s...
August 9, 2022

D.C. Circuit Vacates FERC’s Methodology for Calculating Returns on Equity

The D.C. Circuit vacated and remanded Federal Energy Regulatory Commission (“FERC”) Opinions No. 569 and 569-A, which had established a new way to set the allowed profit (return on equity, or “ROE”) for electric transmission investment in the extensive Midcontinent Independent System Operator (“MISO”) area. Spiegel partner David Pomper argued the ROE methodology issues on behalf of our clients (Mississippi...
August 5, 2022

D.C. Circuit Vacates FERC’s Orders that had Increased Transmission Costs to Kentucky Municipals

On August 5, 2022, the U.S. Court of Appeals for the D.C. Circuit vacated Federal Energy Regulatory Commission (FERC) orders “re-pancaking” electric transmission rates across the seam between the Midcontinent Independent System Operator (MISO) transmission grid and that of Louisville Gas and Electric Company and Kentucky Utilities Company (together, LG&E/KU). Ky. Mun. Energy Agency v. FERC, Nos. 19-1236 et...
June 2, 2022

Chambers and Super Lawyers Again Recognize Spiegel & McDiarmid LLP

Bayne, Bogorad, Nurani, Pomper, Schwarz, 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 ninth consecutive year, Chambers & Partners has recognized Spiegel & McDiarmid LLP as one of the nation’s leading law firms in the area of “Energy: Electricity...
January 25, 2022

Appeals Court Rules in Cases on Distribution System Access and Fairness of Service

On January 25, 2022, finding that FERC’s decisions “present a troubling pattern of inattentiveness to potential anti-competitive effects of PG&E’s administration of its open-access Tariff,” the D.C. Circuit issued a combined opinion granting San Francisco’s petitions for review of two separate Federal Energy Regulatory Commission (“FERC”) orders. The two cases involved longstanding disputes with Pacific Gas and Electric Company...
January 20, 2022

Cindy Bogorad to Speak on Joint Ownership

On January 27, Cindy Bogorad will join a panel discussion hosted by R Street on "Leveling the Transmission Playing Field." Topics will include, in addition to inclusive joint transmission ownership, "independent transmission planning and oversight, equal rate treatment between suppliers and proper implementation of competitive processes under FERC’s Order 1000." More information and a free registration link are available at
November 16, 2021

Cindy Bogorad to Speak at Grid Enhancing Technologies Conference

Spiegel partner Cindy Bogorad will speak on a panel at the "Grid Enhancing  Technologies: Potential, Solutions and Challenges" virtual conference. Cindy's panel will address policy and regulatory measures to encourage the wider adoption of grid-enhancing technologies. The conference, sponsored by Global Transmission Report, will be held on December 1 and 2, 2021. More information about the conference is  Cynthia S. Bogorad