Representative Matters

  • After Owensboro Municipal Utilities in Kentucky won a court ruling affirming its right to terminate a long-term contract with Kentucky Utilities Company, KU retaliated with a $47 million counterclaim.  Tom’s work with Peter Hopkins and deft local counsel culminated in a multi-week trial in federal court and complete rejection of KU’s counterclaim.  City of Owensboro v. Kentucky Utilities Co., No. 4:04-CV-87(M) (W.D. Ky. Feb. 19, 2009).
  • When the municipal electric systems in Paducah and Princeton, Kentucky, decided to form a new Kentucky Municipal Power Agency and no longer purchase power from the Tennessee Valley Authority, Tom and his team helped them negotiate a completely new set of power supply and electric transmission arrangements.  When met with recalcitrance, they handled the necessary litigation, which was successfully settled.
  • Active involvement on behalf of municipal power customers in multi-party negotiations and drafting to produce a groundbreaking twenty-year Memorandum of Agreement among the U.S. Army Corps of Engineers, Southeastern Power Administration and SEPA customers to support customer funding of $1.1 billion of infrastructure enhancement for Corps hydroelectric facilities in the Cumberland River Basin.