Barry F. McCarthy

Education

Bar Admissions

Experience

Mr. McCarthy joined the Firm in 1986 and currently serves in an Of Counsel capacity in the San Jose, California office. His practice involves municipal, energy and natural resources, environmental, cable television and telecommunications matters.

As Assistant City Attorney for the City of Santa Clara from 1977 to 1984, Mr. McCarthy provided advice and counsel to the City Council and the various City departments, boards, and commissions. Throughout his career, Mr. McCarthy has been involved in the licensing and development of electric generation projects, the negotiation of bulk power purchase sales agreements, natural gas acquisition and transportation agreements, federal power marketing issues, transmission projects and disputes, and numerous joint action agency activities.

As General Counsel for Applied Power Technology, a private energy development company in Menlo Park, California, Mr. McCarthy was responsible for all of the company's legal affairs, and participated in the development of biomass, hydroelectric and geothermal power plants. Mr. McCarthy served as Project Counsel to the Santa Clara Demonstration Group, a consortium of public and private entities that participated in the demonstration of the nation's first utility-scale application of carbonate fuel cell technology.

With respect to the regulatory aspects of his energy practice, Mr. McCarthy has been active in numerous proceedings at the California Public Utilities Commission, the California Energy Commission, and the State Water Resources Control Board. He has represented clients in administrative litigation involving complaints, utility mergers, asset divestitures, and applications Certificates of Public Convenience and Necessity. He has participated in a number of investigations, rulemakings, and other public policy proceedings on behalf of public agency clients.

Mr. McCarthy has provided advice and represented both plaintiffs and defendants in numerous litigation matters concerning the application and interpretation of the California Environmental Quality Act (CEQA) and other environmental issues. The disputes have arisen in a wide variety of contexts, including airport expansion, annexation of agricultural land, power plant development, transmission line extension, and real property development permits.

As part of his cable and telecommunications practice, Mr. McCarthy has represented a number of municipal cable franchising authorities with respect to franchise renewal and franchise transfer proceedings, local public access channels with respect to funding, operations, and channel relocation issues, and public agencies with respect to siting and licensing issues for cellular and other facilities. He co-authored a comprehensive legal feasibility study in support of the development of a broadband communication system for a municipality. He was a guest speaker on legal issues relating to infrastructure development at a June, 1994 fiber-optic telecommunication seminar conducted by the California Municipal Utilities Association, and was a panel moderator ("Rights-of-Way: Management, Valuation and Compensation") for a Regional Training Seminar sponsored by the National Association of Telecommunications Officers and Advisors.

Organizations