Contract Negotiations and Litigation Support

The regulation of electric and gas utilities by the Federal Energy Regulatory Commission (“FERC”), the Securities and Exchange Commission (“SEC”) and state regulatory commissions is continually at the forefront of concern for utilities, their shareholders, large industrial customers, and city councils. The far reaching effects of FERC Order No. 636 which deregulated natural gas pipelines, the 1992 National Energy Policy Act, and FERC Order Nos. 888 and 889 which deregulated wholesale transmission, as well as FERC’s landmark Order 2000 which mandated creation of Regional Transmission Organizations is now being seen at both the federal and state level. The uncertainty associated with the future electric and gas marketplace as a result of wholesale competition, restructuring of the nation’s transmission grid through the development of Regional Transmission Organizations (“RTO”), as well as the emergence of competition at the retail level, is of great concern both to electric utilities, their customers and other market participants, as a host of new and extremely complex matters are yet to be resolved.

ERG provides comprehensive Regulatory and Litigation Support Services for utility matters including the following:

• Assistance to legal counsel in identifying issues for preparation of intervention pleadings
• Development and analysis of data requests and/or requests for information
• Development of the client positions and preparation of expert witness testimony regarding:
  • Competition and Deregulation Issues
  • Securitization
  • Stranded Cost Estimation and Development
  • Competitive Rate Implications
  • Cost-of-Service Issues
  • Development of Rate Schedules / Tariffs
  • Rate Design Matters
  • Capital Structure
  • Competitive Supply Assessments
  • RTO/ISO Matters
  • Energy Service Assessments
• Development and negotiation of settlement provisions
• Assistance to legal counsel in preparation of stipulations, briefs and pleadings
• Analysis of final regulatory orders and assistance in the court appeals process