Industry Experience

Alternative Regulation

• Represent Illinois-American Water Company and Aqua Illinois, Inc. in Illinois rulemaking to expand the scope of a rule authorizing recovery of qualified infrastructure investment through surcharge rider program. ICC Docket 15-0017.
• Represent Dominion East Ohio in request for five-year, $180-million extension of accelerated main replacement program. PUCO Case No. 15-0362.
• Represented Ameren Illinois in the establishment and annual reconciliation of delivery service rates under the Illinois Energy Infrastructure Modernization Act. ICC Docket Nos. 12-0001; 12-0089.
• Represented IGS Energy in standard service offer proceedings of Dayton Power & Light Company and AEP Ohio. PUCO Case Nos. 11-346-EL-SSO, 13-2385.
• Represent Dominion East Ohio and Vectren Energy Delivery of Ohio in ongoing proceedings related to accelerated main replacement programs. PUCO Case Nos. 13-1571-GA-ALT; 12-0812-GA-RDR.
• Represented Dominion East Ohio in establishment and subsequent cost recovery proceedings for the system-wide deployment of AMR technology. PUCO Case No. 11-5843-GA-RDR.
• Represented Dominion East Ohio in regulatory proceedings to exit the natural gas merchant function. PUCO Case No. 12-1842-GA-EXM.
• Represented Dominion East Ohio and Vectren Energy Delivery of Ohio in capital expenditure cost recovery proceedings authorized by HB 95. PUCO Case Nos. 12-530-GA-UNC; 11-6024-GA-UNC.
• Represented Ameren Illinois in its Petition for Multi-year Performance Metrics.  ICC Docket No. 12-0089.

Litigation and Appeals

• Represented Dominion East Ohio in appeal from PUCO order authorizing phase-out of default commodity service obligation for nonresidential customers. Court affirmed 6-1. Supreme Court of Ohio, Case No. 2015-3627.
• Filed amicus brief on behalf of Ameren Illinois supporting affirmance of ICC order approving gas volume balancing/decoupling rider (Rider VBA). Supreme Court of Illinois affirmed. Supreme Court of Illinois, Case No. 116005 (January 23, 2015).
• Represented Ameren Transmission Company of Illinois in successful defense of four separate appeals of Illinois Commerce Commission order approving the construction of 375 miles of 345 kV transmission line through central Illinois. Appellate Court of Illinois, Fourth Dist., Case No. 4-13-0907, et al.
• Andrew Campbell appointed as special master to oversee the reception of evidence and to issue written recommendation in dispute between City of Youngstown and its municipal judges over conditions of city courthouse. Supreme Court of Ohio, Case No. 2009-0866.
• Represented Dominion East Ohio in appeal from PUCO order that retroactively modified completion deadline of AMR program. Secured a stay against PUCO-ordered rate decrease pending appeal, reinstitution of proposed rate, and 7 – 0 reversal of challenged order. Supreme Court of Ohio, Case No. 2012-2117.
• Filed amicus brief on behalf of Dominion East Ohio supporting reversal of order that retroactively modified order approving certain rate of carrying charges. Court reversal 4-3. Supreme Court of Ohio, Case No. 2012-2008.
• Representing Dominion East Ohio as intervening appellee in challenge to authority of PUCO to permit utility to “exit the merchant function” for non-residential customers.Supreme Court of Ohio, Case No. 2013-0433.
• Represented Vectren Energy Delivery of Ohio as intervening appellee in challenge to PUCO’s administration of PIPP Plus program and requirement of year-round fixed payments. Supreme Court of Ohio, Case No. 2013-1807.
• Counsel to Dominion East Ohio in breach of contract litigation arising from Utica Shale production and gathering. CBM Ohio V. Dominion East Ohio, Case CVH-2013-0129 (Harrison Cty., Ohio Common Pleas Court).
• Obtained dismissal, subsequently affirmed on appeal, of complaint against Aqua Ohio, Inc. related to the use of a chloramine as a secondary disinfectant for water treatment. Christian v. Aqua Ohio, Inc., Case No. 2013-CV-0389 (July 19, 2013).
• Obtained dismissal, subsequently affirmed on appeal, of putative class action against Dominion East Ohio for alleged fraudulent billing practices. Saks v. The East Ohio Gas Co., 2012-Ohio-2637 (8th Dist. Ct. App. 2012).
• Obtained affirmance from the Supreme Court of Ohio of an order approving Dominion East Ohio’s exit of the gas merchant function. Ohio Partners for Affordable Energy v. Public Utilities Comm’n of Ohio, 115 Ohio St. 3d 2008 (2007).
• Successfully obtained writs of prohibition directing trial courts to dismiss service-related complaints against a FirstEnergy utility. State ex rel. Illuminating Company v. Court of Common Pleas, 97 Ohio St. 3d 69 (2002); State ex rel. Cleveland Electric Illuminating Co. v. Court of Common Pleas, 88 Ohio St. 3d 447 (2000).
• Represented FirstEnergy Corp. and affiliates in numerous state and federal regulatory commission proceedings and civil litigation in Ohio, Michigan, New York and New Jersey arising from the August 2003 Northeast Blackout; the largest electrical disruption in U.S. history.

Retail Suppliers

• Counsel for Retail Energy Supply Association (RESA) in Ohio electric matters.
• Assists prospective retail gas and electric suppliers in obtaining necessary regulatory approvals and licenses to operate in utility service areas.
• Represent retail gas and electric suppliers in enforcement proceedings.
• On behalf of Direct Energy, obtained finding that Duke Energy Ohio violated its Supplier Tariff. PUCO Case No. 14-1277-EL-CSS.
• Represented Direct Energy in complaint proceeding against FirstEnergy utilities. PUCO Case No. 17-791-EL-CSS.

Transactions and Regulatory Approvals

• Regulatory counsel to Corix Group in its acquisition of Cleveland Thermal LLC. PUCO Case No. 15-1451.
• Advised Aqua Ohio,Inc. on regulatory matters pertaining to $85 millionbond sale.
• Advised Dominion East Ohio on regulatory matters pertaining to the $1.5 billion Blue Racer Midstream joint venture to develop Utica Shale midstream assets.
• Regulatory counsel to American Water Works in the acquisition of Ohio-American Water Company by Aqua Ohio, Inc.
• Represented Illinois-American Water Co. in a construction financing and approval proceeding for a $40 million water treatment facility.