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.
Audits and Investigations
Represented Illinois-American Water Company in a Commission-ordered audit of its service company fees. ICC Docket 10-0366.
Represented gas LDCs in Gas Pipeline Safety Act investigations. PUCO Case No. 12-380-GA-GPS.
Represented Ameren Illinois in its compliance with corporate purchasing requirements. ICC Docket 13-0075.
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.
Ameren Illinois Company – Gas, ICC Dockets 11-0282, 13-0192, 15-0142.
Columbia Gas of Kentucky, Kentucky PSC Case No. 2013-00167.
Illinois-American Water Company, ICC Docket No. 11-0767, 16-0093
Ohio American Water Company, PUCO Case No. 11-4161-WS-AIR.
Ameren Illinois Company, ICC Docket 11-0279/0283.
Ameren Missouri Company, PSC Docket ER-2011-0028.
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.
Represented IGS Energy in Ohio proceeding related to AEP Ohio’s proposed Phase 2 Smart Grid program. PUCO Case No. 13-1939-EL-RDR.
Represented Ameren Illinois Company in regulatory proceedings for approval of a Smart Grid deployment plan. ICC Docket 12-0244.
Represented Dominion East Ohio in proceeding for regulatory approval of system-wide AMR program and subsequent annual cost recovery proceedings.
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.
Transmission /Facility Siting
On behalf of Ameren Transmission Company of Illinois, obtained regulatory approval for (and successfully defended appellate challenges to) the construction and operation of 375 miles of 345 kV transmission line through central Illinois, representing planned investment of approximately $1.2 billion. The approval proceeding had over 80 intervening parties (including hundreds of landowners) and four separate appellate challenges. ICC Docket 12-0598. This case also had two ancillary certificate of public convenience and necessity dockets to make necessary changes to the approved route. ICC Dockets 15-0269, 15-0278.
On behalf of Ameren Transmission Company of Illinois, obtained regulatory approval for the construction and operation of 45 miles of 345 kV transmission line through north-central Illinois, representing planned investment of approximately $150 million. ICC Docket 14-0514.
Represented Ameren Illinois Company in a series of electric transmission siting proceedings that resulted in approval of over $165 million in planned investments. ICC Dockets 12-0080, 12-0154, 13-0115, 15-0064.
On behalf of Ameren Transmission Company of Illinois and Ameren Illinois Company, successfully obtained regulator’s authorization to exercise eminent domain for hundreds of parcels of land needed for construction of electric transmission lines. ICC Dockets 16-0423, 16-0548,16-0040, 16-0274, 16-0357, 16-0373, 16-0496,15-0562, 15-0542, 15-0437, 15-0390, 15-0237, 15-0065, 14-0652, 14-0551, 14-0522, 14-0438, 14-0380, 14-0291, 13-0456, 13-0516.
On behalf of Aqua Illinois, Co., successfully obtained regulatory approval and related eminent domain authority for construction of a 20-mile water transmission main. ICC Dockets 13-0246, 15-0252, 15-0253.
Obtained certificates of public convenience and necessity, and obtainted authority to excersize eminent domain authority, on behalf of Aqua Illinois, Co., to expand water and sewer facilities. ICC Dockets 06-0655, 07-0269, 09-0133, 11-0369, 13-0246, 15-0253, 16-0085.
Obtained a certificate of public convenience and necessity on behalf of Ameren Illinois Company to expand natural gas distribution facilities. ICC Docket 15-0184.