Utility

Attorneys in our Utility Practice Group include those who have worked as General Counsel and Assistant General Counsel for the Public Utility Commission of Texas (PUC), as Public Utility Counselor and Assistant Public Utility Counsel for the Office of Public Utility Counsel, and as City Attorney for Texas municipalities.  

We represent clients before regulatory agencies of the state, including the PUC, the Texas Commission on Environmental Quality (TCEQ), and the Railroad Commission of Texas (RCT), and at all levels of the State and Federal court system.

Our clients include:

• Municipally owned utilities
• Electric cooperatives
• Electric utilities
• Water and wastewater utilities
• Municipal governments

We provide guidance and representation on municipal and utility issues including:

• Rates
• Regulation and compliance issues
• Power supply agreements and other transactions
• Franchise agreements
• Certificates of Convenience and Necessity
• Transmission lines
• Right-of-way management
• Formation, reorganization, mergers, and acquisitions
• Utility operations
• Environmental matters
• Legislative counseling
• ERCOT protocols
• Reviews of nuclear plant management issues
• Integrated resource planning
• Demand side management contracts
• Renewable energy
• Purchase contracts
• Assistance in obtaining funding from state and federal agencies

Further, our attorneys are experienced in the dynamic areas of utility law including:

• Electric restructuring/regulation and compliance.  In the changing competitive retail electric energy market, our attorneys understand the legislative intent and requirements of restructuring and work to stay abreast of new developments and issues.  We have participated in numerous proceedings before the PUC including:
• Rulemakings and contested cases during restructuring
• Proceedings to ensure that power generation companies, retail electric providers, and transmission and distribution utilities comply with changing rules and proceedings
• Proceedings to  promulgate its substantive rules
• Transmission lines.  Our attorneys continually monitor the issues of transmission line construction and routing to assess any benefits or consequences for our clients.
• Anti-competitive issues/code of conduct enforcement.  As new and competing entities begin operating in the restructured market, issues concerning anti-competitive behavior are arising.   Our attorneys are well versed in the PUC’s guidelines and rules for ensuring that customers and other competing entities are not harmed, and we have the capability to ensure that the rules and guidelines are appropriately applied and enforced. We have drafted legislation to address market power issues.
• Fuel factor litigation.  To the extent that electricity prices continue to be regulated during the restructuring of the retail electric market, our attorneys continue to work on behalf of our clients to ensure reasonable fuel factors and rates at the PUC. 
• Aggregation.  Our attorneys have assisted numerous political subdivisions intent on taking advantage of the aggregation opportunity, whereby political subdivisions or customers that individually lack market power can band together and aggregate their electrical loads to negotiate attractive electric supply contracts. The firm serves as legal counsel and legislative liasions for cities Aggregation Power Project, INc. and South Texas Aggregation Project, Inc.
• Telecommunications/cable television matters. Our experience in telecommunications and cable television provide a unique ability to serve our clients.  We have:
• Participated in the development of the model pole rental agreement with the American Public Power Association
• Advised cities on franchise, access line count, and right-of-way issues and negotiated franchise and franchise renewals for cities
• Created right-of-way management ordinances for cities in Texas, Ohio, Connecticut, Washington D.C., Louisiana, South Carolina, Delaware, and Tennessee
• Been at the forefront on the issue of compensation of municipalities by telecommunications providers using the public rights-of-way 
• Participated in telecommunication utility rate cases, particularly cases involving divestiture and the establishment of access charges, including a major role in statewide rate setting for Southwestern Bell
• Represented and argued cases before the courts on behalf of several cities regarding PUC certification rules
• Advised cities on the installation of their own fiber optic networks 
• Represented and argued cases before the courts on behalf of several cities regarding PUC certification rules
• Natural gas.  Our attorneys have assisted municipalities in their roles as regulators of gas rates, as franchisers of public rights-of-way involving pipelines and distribution, and as interveners at the Railroad Commission of Texas (RCT).  We have represented over 200 municipalities in rate cases at the RCT and have assisted over hundreds of municipalities with distribution system rate ordinances since 1999.
• Electric and gas franchise.  Our attorneys have advised and assisted municipalities throughout Texas and in other states on electric franchise issues, including the protection of municipal revenues during the transition to a competitive retail market.
• Water and wastewater utilities.  Our attorneys represent municipal governments and private utility companies concerning retail and wholesale utility rates and services.  We have represented our clients in the courts and before the TCEQ and its predecessor agencies.  Also, we advise and consult with clients regarding contracts for the purchase or sale of wholesale supplies and services.

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