ENERGY

Cities of Anaheim, et al. v. FERC

We successfully pursued a petition for review on behalf of the Cities of Anaheim, et al., of an adverse decision by the Federal Energy Regulatory Commission (FERC) in the U.S. Court of Appeals for the District of Columbia Circuit. The Court’s decision, which quoted a portion of our oral argument, reversed FERC orders that had permitted retroactive implementation of a rate increase for sales of power to the California Independent System Operator Corporation (CAISO). The decision is expected to result in multimillion-dollar refunds to CAISO’s transmission customers.

Lafayette (La.) Utilities System, Louisiana Energy and Power Authority, Municipal Energy Agency of Mississippi, and Mississippi Delta Energy Agency

Client entities are purchasers of wholesale electric transmission services from Entergy Corporation, a multistate electric utility holding company system. In 2006, FERC approved arrangements for the independent coordination of Entergy’s wholesale electric transmission services through a contract with the Southwest Power Pool, Inc. The formation and ongoing administration of these arrangements gave rise to extensive administrative proceedings and stakeholder committee processes.

Municipal electric utilities located in the West, the South and the Mid-Atlantic regions

We have analyzed numerous clients’ compliance with electric utility reliability standards that became mandatory and enforceable under the Federal Power Act as of June 2007. We also have drafted and assisted with the implementation of internal compliance programs, procedures and guidelines designed to ensure ongoing compliance with the new standards and have developed and presented customized training programs related to the standards.

Stakeholder and Regulatory Processes Relating to the California ISO

We represent California municipal electric systems in multiple stakeholder and regulatory processes relating to the development and implementation of market rules for the California Independent System Operator Corporation, allocation of related market costs, and determination of transmission revenue requirements (for our clients that are Participating Transmission Owners in the ISO and for other Participating Transmission Owners) included in the ISO’s transmission access charges.

Riverside Plant Purchase Agreement

We assisted the City of Riverside, California in preparing a purchase agreement for its acquisition of a power plant from a neighboring municipality.

Negotiating Biodiesel Investment

In August 2006, the firm represented a company in negotiating the terms of its minority investment in and strategic relationship with Renewable Energy Group, Inc. (REG), the biodiesel industry leader and a full-service biodiesel company. Our client's investment was part of a $100 million private equity financing involving multiple strategic partners and investors. The firm also negotiated the terms under which our client would supply REG with raw materials, risk management and logistics expertise.

California and Northwest Refund Proceedings

We have successfully negotiated multiple settlement agreements for a number of municipal or public utility district electric systems in administrative, federal and state litigation arising out of the 2000-2001 disruptions in the California and Western energy markets.