Representative Matters

  • Represented New England consumer-owned utilities in successfully challenging an ISO New England reserve market design proposal that would have substantially increased costs to consumers without providing sufficient assurance that the measures would address the regional fuel security concerns they were aimed at. ISO New England Inc., 173 FERC ¶ 61,106 (2020).
  • Represented group of mid-Atlantic state consumer advocates in challenging changes to PJM Interconnection, L.L.C. “Minimum Offer Price Rule.” Calpine Corp. v. PJM Interconnection, L.L.C., 169 FERC ¶ 61,239 (2019), on reh’g, 171 FERC ¶ 61,035, on reh’g, 173 FERC ¶ 61,061 (2020), petition for review pending sub nom. Ill. Commerce Comm’n v. FERC, No. 20-1645 (7th Cir. filed Apr. 20, 2020).
  • Represented New York State Public Service Commission in various FERC proceedings regarding the design and application of the New York Independent System Operator’s buyer-side market power mitigation regimen.
  • Represented ratepayer advocate in challenging need for proposed greenfield natural gas pipeline.
  • Represented state utility commission in litigation regarding the rates, terms and conditions of service to be rendered under a reliability must-run contract.
  • Represented 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. 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), cert. denied sub nom. Elec. Power Supply Ass’n v. Rhodes, 139 S. Ct. 1547 (2019).
  • Represented the Louisville-Jefferson County Metro Government in a case defending Louisville Metro’s one touch make-ready (OTMR) ordinance against federal and state law challenges brought by BellSouth Telecommunications, LLC d/b/a AT&T.  BellSouth Telecommunications, LLC Louisville/Jefferson County Metro Government, 275 F. Supp. 3d 833 (W.D. Ky. 2017).
  • Successfully negotiated transmission rate settlement saving California ratepayers $20 million.