State Energy Regulatory Practice
Troutman Sanders has represented utilities and consultants before state public service commissions since the 1920s in every type of proceeding. These representations cover the entire range of utility regulation, including rates, financing, plant construction (nuclear, gas, and coal), competitor complaints, marketing practices, power purchases, integrated resource planning, conservation programs, and rulemakings. The firm is also proud of its long record of successful litigation of public utility issues in state and federal courts.
Our Team
Co-Practice Group Leader Kevin Greene heads up our state regulatory practice and has 30 years experience representing utilities before state commissions. Additionally, several of our attorneys have worked at state commissions, including John Lamberski, who served as Staff Attorney to the New York Power Authority; Brandon Marzo, who served as an Attorney at the Georgia Public Service Commission and at the Georgia Consumers’ Utility Counsel Division; Todd Kimbrough, who served as Chief Advisor and Senior Economist at the Public Utility Commission of Texas; and Bill Derasmo, who served as Assistant Counsel to the New York Public Service Commission.
Co-Practice Group Leader Kevin Greene heads up our state regulatory practice and has 30 years experience representing utilities before state commissions. Additionally, several of our attorneys have worked at state commissions, including John Lamberski, who served as Staff Attorney to the New York Power Authority; Brandon Marzo, who served as an Attorney at the Georgia Public Service Commission and at the Georgia Consumers’ Utility Counsel Division; Todd Kimbrough, who served as Chief Advisor and Senior Economist at the Public Utility Commission of Texas; and Bill Derasmo, who served as Assistant Counsel to the New York Public Service Commission.
Our Work
The firm has conducted several 50 state surveys on state laws and commission regulations governing fuel cost recovery, ex parte communications, privatization of distribution facilities, and sharing agreements for off-system sales. The firm also regularly handles rate cases, fuel cost recovery proceedings, certification of new generating resource proceedings, and integrated resource planning proceedings before state public service commissions from start to finish, including the vetting of expert witnesses. Troutman attorneys have also routinely advised utilities on options for acquiring additional generation capacity and have served as counsel in the development of requests for proposals for power purchases of varying lengths.
Recent highlights include:
- Obtaining approval of an 800 MW super critical pulverized coal ("clean coal" technology), over strong opposition from environmentalists, the state Attorney General, industrial customer organizations, and local press.
- Counsel to two utilities in connection with their separate applications before their respective state regulatory agencies for recovery of accounting for early development costs related to the development of nuclear power plants.
- Successfully obtained certification and guaranteed cost recovery of a utility's self-build project that included three 800 megawatt combined cycle facilities and the decertification of two existing coal facilities. Overcame strong community opposition to Plant due to the urban location of the facility and siting of the natural gas pipeline to serve the facility.
- Obtained certification of two 620 MW combined cycle units that were purchased from third parties during construction of the asset. Certification was heavily challenged by other power producers and customer groups due to the valuation of the units.
- Counseled utility clients in all matters concerning competitive Requests for Proposals (RFP's). Activities have included the creation of the RFP criteria and pro forma contracts, negotiations with the winning bidders, preparation of witnesses and successful certification to ensure cost recovery of the winning proposals by the Public Service Commission. Involved in the development, evaluation, negotiation, and certification of over 7,600 megawatts of baseload, intermediate and peaking capacity and energy in the past three years.
- Obtained approval of integrated resource plans which include electricity demand and energy forecasts, programs for meeting energy requirements in forecast in a economic and reliable manner, analysis of capacity resource options including supply side and demand side options, fuel mix analysis and environmental impacts. Plan was approved through a fully litigated proceeding in which consumer groups, environmentalists and industrial customer organizations intervened and fully participated.