State Commissions

Duncan, Weinberg, Genzer, & Pembroke, P.C. represents state utility commissions before the Federal Energy Regulatory Commission (FERC) and United States Circuit Courts of Appeals.  Our attorneys, many of whom have served as in-house counsel at state commissions or FERC, are well-known and highly-regarded in the energy bar and at FERC.  We have decades of experience managing complex federal public utility litigation and energy policy issues that affect state commissions.  This representation involves all aspects of federal regulatory matters involving public utilities and interstate pipeline/storage providers, including issues pertaining to organized wholesale markets for energy, capacity, and ancillary services; transmission issues; grid reliability; rate and tariff matters; project certificate proceedings; utility merger proceedings; and federal rulemaking and policy proceedings.  We also work closely with the National Association of Regulatory Utility Commissioners (NARUC).

Our state commission clients have included the Arkansas Public Service Commission, the Kentucky Public Service Commission, the New Jersey Board of Public Utilities, the North Carolina Utilities Commission, the Maine Public Utilities Commission, the Missouri Public Service Commission, and the Virginia State Corporation Commission.  General services performed on behalf of our state utility commission clients are described below:

• Monitor relevant filings and issuances related to FERC-jurisdictional utilities and pipelines and general policy and rulemaking proceedings that may ultimately impact retail ratepayers;
• Monitor RTO-stakeholder proceedings and participate in customer meetings with FERC-jurisdictional utilities and pipelines;
• Provide concise legal analysis of relevant issues and recommend a course of action;
• Coordinate with in-house counsel and technical staff through all stages of administrative proceedings, including: intervening and drafting protests and/or comments; assisting in the development of testimony; managing discovery, drafting and assisting in the preparation of discovery requests, preparing and defending privilege logs, and participating in oral argument; attending prehearing, settlement, and technical conferences; participating in evidentiary hearings; and drafting briefs and requests for rehearing;
• Negotiate settlements, when appropriate, which can conserve valuable state resources; and
• Advise state utility commissions on all aspects of appellate matters, including drafting briefs, mooting arguments by in-house commission counsel, and participating in oral argument.

The national scope of our practice allows us to call upon a wide range of experience in developing creative strategies necessary to address distinct issues facing each state.  This experience provides us with the unique ability to understand: (1) the delicate balance between participating in federal proceedings while furthering state policy goals, protecting and maintaining states’ jurisdiction and authority, and protecting retail ratepayers; (2) budgetary constraints affecting state commissions and governmental entities; (3) the efficiency in developing, where appropriate, coalitions with like-minded interveners and other state commissions; (4) the need to manage tight deadlines in order to gain appropriate approvals; and (5) how to develop strategies and solutions to address disputes involving federal laws and policies and the states’ statutory obligations.