Energy Regulation and Litigation

Federal and state regulatory matters and litigation are at the core of our energy practice. Our lawyers are actively involved in electric restructuring, rate, merger, divestiture, general interconnection and transmission access, and rate proceedings before the Federal Energy Regulatory Commission,  Securities and Exchange Commission, state commissions, and various courts.  Our attorneys have achieved national prominence for our regulatory and litigation work on behalf of utilities, industrial facilities, municipalities, state agencies and commissions, power marketers, trade associations, and rural electric cooperatives.

We are on the cutting edge of the major issues involving competition in the electric utility industry and played a leading role in the development of Regional Transmission Organizations (RTOs), including independent system operators (ISOs), transcos and hybrid forms of these entities.

Our attorneys have counseled and represented electric and natural gas utilities in matters concerning the restructuring of the electric and gas industries, including the development of policy and legislation affecting new market structures. 

Our energy lawyers have significant experience in ensuring compliance with FERC Orders 888 and 889 regarding open access transmission, and with 2004 standards of conduct rules. We help numerous clients implement FERC's rules successfully, and represented one of the first public power systems in the nation to obtain FERC approval of a reciprocity open access transmission tariff for both wholesale and retail electric customers. Our attorneys have developed utility tariffs to allow customers to choose alternative energy providers and to unbundle various utility services.  We have counseled utility personnel with regard to operational aspects of implementing open access. 

Our attorneys have litigated issues concerning the reasonableness of the rates and terms and conditions of utility tariffs related to open access, the unbundling of various utility services, and the development of regulatory rules to implement the restructuring of the electric energy industry.  We have advised clients regarding wholesale power purchase agreements.  We also have counseled end-user clients on competitive contracts and tariff rates for energy supply, including energy conservation rates.   Firm attorneys are experienced in commercial litigation on behalf of energy providers and consumers.

Sonnenschein attorneys have successfully represented electric, gas and water/sewer utilities, as well as telecommunications providers, in a variety of regulatory matters, including rate cases, rulemaking, investigations and other matters in which utilities seek regulatory approval.

Representative Matters

• Primary counsel to Nicor Gas Company for all utility regulatory matters, including rate cases, administrative investigations, PGA reconciliations, reconciliation proceedings involving its environmental riders, rulemakings and requests for approval of affiliate transactions.  In addition, Sonnenschein attorneys have provided drafting and strategic advice regarding proposed energy efficiency legislation of natural gas utilities. 
• Represent Commonwealth Edison Company, a subsidiary of Exelon Corporation, in rate cases, administrative investigations, other tariff examinations, and the development of innovative cost recovery mechanisms.
• Served as lead regulatory council for the City Council of New Orleans in the unprecedented reconstruction effort of the retail electric and gas systems in the aftermath of Hurricane Katrina
• Persuaded the FERC to allow Ormet Primary Aluminum Corporation to pay less than the filed rates pending the outcome of a case compensating transmission owners for elimination of seams between new and existing PJM members and between the Midwest ISO and PJM.
• Engaged in litigation before three U.S. Federal District Courts and two U.S. Courts of Appeal to defend a client's interest in the operation of federally-owned hydroelectric facilities in the Southeast.
• Defeated an effort by the Louisiana Public Service Commission to change a rate allocation method to favor Entergy Operating Companies that would have affected a substantial number of industrial customers.
• Represented the Peoples Gas Light & Coke Company, a subsidiary of Integrys, Inc., in seeking approval to enter in an operating agreement with its affiliate.
• Provide counsel to Reliability First, Inc. (a large electric regional reliability organization) on corporate and regulatory matters.
• Provide counsel to and represent Kansas City Power & Light Co. and its parent Great Plains Energy Inc. in comprehensive general rate cases, merger and acquisition proceedings, as well as in real estate, construction and zoning matters.
• Represent and provide counsel to the Midwest Independent System Operator, Inc., in state regulatory proceedings and litigation matters, as well as providing general corporate, tax, benefits and human resources advice.
• Successfully defended the City of New Orleans against a massive Entergy overcharge, saving consumers an estimated $90 million.
• Negotiated all power supply contracts for supply in excess of 600 MW on behalf of Rayburn Country Electric Cooperative.
• Defeated the Boston Edison Company in a precedent-setting case involving Boston Edison's efforts to rewrite its contract with the town of Concord, Massachusetts.
• Negotiated new contracts for a top ten U.S. real estate investment trust with holdings in Massachusetts, New York, Maryland and Washington, DC to save 38% annually.
• Represent ITC Great Plains LLC and ITC Midwest LLC, subsidiaries of ITC Holdings Inc. in various state regulatory proceedings in Kansas and Missouri. 
• Represent Missouri Gas Energy, a division of Southern Union Co. in state regulatory proceedings and related matters. 
• Represent Aqua Illinois, Inc. a subsidiary of Aqua America, Inc., in a variety of regulatory proceedings including rate cases, certification cases and complaint proceedings.
• Represented Verizon on a variety of regulatory issues involving its operations in Illinois.
• Secured certification for Rockwell Utilities, LLC, which was seeking approval as a public utility providing water and sewer.  Successfully defeated well-financed competing provider.  Secured approval of affiliate transaction and refinancing.
• Provided strategic planning for AT&T Illinois in its request for approval of a statewide video franchise law.  Assisted in current filing seeking regulatory approval of first-ever statewide certificate.
• Achieved expedited relief for R.H. Donnelley, which was seeking a waiver of burdensome regulation.  This representation resulted in significant monetary relief for the client, saving more than two million pounds of paper per year.
• Represented utilities in various appellate matters involving the appeal of administrative decisions.
• Represent U.S. Cellular Corp. in Missouri regulatory proceedings in which the client was designated an eligible telecommunications carrier and in related appellate judicial proceedings.