Energy Regulatory and Administrative Proceedings

Taft attorneys regularly handle matters before state and federal regulatory authorities such as the Minnesota Public Utilities Commission, the North Dakota Public Service Commission, the Colorado Public Utilities Commission, the Public Service Commission of Wisconsin and the Federal Energy Regulatory Commission (FERC). Regulatory credibility is critically important in energy matters, and Taft has a strong reputation with the regulatory community. Our lawyers have also worked extensively on regulatory matters in other mid-American states.

Our attorneys have experience assisting clients with the following:

• Ratemaking contested cases (“rate cases” and “rate reviews”).
• Resource planning proceedings.
• Certificates of Need and/or Certificates of Public Convenience and Necessity.
• Electric and gas transmission and distribution planning and routing.
• Tariff change proceedings.
• Regulatory approval of commercial transactions.
• Determinations of prudence.
• Approvals of corporate structure mergers and changes.
• Regional planning.
• Interjurisdictional allocation disputes.

Taft’s energy team also has extensive experience helping clients obtain the necessary authorizations and permits to construct electric and natural gas infrastructure, including high-voltage transmission lines, natural gas pipelines and power generation facilities. These areas include:

• Federal, state, and local routing, siting, and need permitting.
• Environmental permitting and compliance.
• Federal and state environmental reviews.
• Infrastructure rulemaking.

Our attorneys have extensive experience navigating regulatory and administrative proceedings across multiple jurisdictions and before various regulatory bodies, including:

• Representing natural gas and electric utilities in general rate case proceedings from initial preparation through appeals, including strategy development, testimony preparation, expert retention, discovery, evidentiary hearings, briefings, and appeals.
• Representing natural gas and electric utilities in various disputed rider and current cost recovery proceedings, including gas and electric infrastructure and expansion riders, renewable resource riders, fuel cost recovery adjustments, transmission and distribution riders, cost deferral, and recovery trackers, and affordability programs (among others).
• Representing natural gas utilities, electric utilities, and transmission companies in state regulatory permitting proceedings, including to obtain certificates of need or public convenience and necessity, route permits, advanced determinations of prudence, and other regulatory approvals for electric generation and transmission infrastructure, natural gas pipelines, and large-scale renewable energy projects.
• Supporting utilities in development of various resource planning submissions.
• Assisting utilities in developing and supporting grid modernization proposals.
• Representing public utilities in obtaining approval for numerous property acquisitions and mergers.
• Representing public utilities in requests for approval of affiliated interest agreements, including for the purchase of capacity and energy from a natural gas plant, sale of a Large Generator Interconnection Agreement, centralized services agreements, tax allocation agreements, and others.
• Representing utilities and developers in numerous federal jurisdictional interconnection agreements and state jurisdictional distribution interconnection agreements before state commissions and the Federal Energy Regulatory Commission.
• Assisting public utilities in proceedings investigating the prudence and reasonableness of project costs, including the investigation and prudence review of costs incurred in connection with upgrades at a nuclear power plant, among others.
• Counseling utility clients on various ongoing regulatory compliance matters and assisting utilities in addressing customer complaints.
• Guiding retail electric and natural gas suppliers through certification and compliance processes.
• Representing utilities in numerous environmental matters nationwide, including regulatory compliance, permitting, and remediation.