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Utilities

The electric and natural gas utility industries are undergoing fundamental changes that are substantially altering the historic relationships between consumers and service providers. This is particularly true in areas of the country where the “franchised monopoly” structure is being displaced by competition. The transition to competition has not been easy or smooth, and in many instances it has caused costly disruptions in existing arrangements and unintended consequences.

Working before state utility commissions, the Federal Energy Regulatory Commission (FERC) and state and federal courts, our Utility Law practice group has helped utility and non-utility clients secure favorable resolution of complex disputes arising from the ongoing development of competitive electricity and natural gas markets. These disputes have involved:

  • Rates, terms and conditions for the supply and transmission of wholesale and retail electric power and natural gas
  • Pricing and terms for supply of new energy products
  • Compliance with federal and state antitrust laws
  • Formation of regional transmission organizations
  • Protection of pre-existing contractual rights under emerging market structures
  • Utility mergers

In addition, the recent adoption of mandatory electric reliability standards also has presented new challenges. These standards, which carry with them the potential for substantial monetary penalties, require the adoption and documentation of many new practices and procedures. We assist clients in understanding the requirements imposed by these standards and in developing comprehensive compliance programs.

Our Utility practice attorneys are able to call upon colleagues in the Firm's Environmental, Government Law, Public and Private Sector Finance, and Tax practices to advise clients on such matters as environmental compliance, project financing and the formulation of effective legislative strategies relating to energy issues. This ability is unique among firms that represent clients in the municipal and cooperative utility sectors. It allows us to meet a wider range of our clients’ legal services needs with a high level of efficiency.

Each of our Utility Law partners has more than 30 years of experience in this complex and challenging field. They work closely with a team of skilled associates.

  • David Straus has unique experience representing consumer-owned electric and gas systems in litigation and negotiations concerning rates terms and conditions of service.
  • Bonnie Blair has a strong background in antitrust issues, wholesale ratemaking and regulatory policy, and compliance with mandatory electric reliability standards.
  • Gary Newell has extensive experience in the negotiation, drafting and enforcement of contracts for the joint ownership of electric generation facilities, and in regulation of the rates, terms and conditions of electricity and natural gas supply and transmission.

In both the Firm's St. Louis and Washington, D.C. offices, we are particularly well-positioned to provide comprehensive, interdisciplinary legal services to clients in the utility industry, as well as to clients who, for the first time, may have a substantial interest in utility matters.

Representative Clients

Our Firm has extensive experience representing clients with interests in utility matters, including:

  • American Municipal Power-Ohio, Inc.
  • Cities of Anaheim, Azusa, Banning, Colton, Pasadena and Riverside, California
  • Lafayette (La.) Utilities System
  • City of Lebanon, Ohio
  • Municipal Energy Agency of Mississippi
  • ElectriCities of North Carolina, Inc.
  • Mississippi Delta Energy Agency

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