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Aectra v. Stewart Petroleum
The Firm represented Aectra in a claim resulting from the destruction of gas in tanks owned by the defendant.
Ameren Energy Generating Co., et al.
The Firm represented The Electric Power Supply Association (EPSA) in litigation concerning the standards governing a regulated utility’s acquisition of utility assets of its unregulated affiliate.
Ameren Energy Marketing Co., et al.
The Firm represented Constellation Energy Commodities Group, Inc. in hearing and settlement negotiations to resolve 2007 ancillary services rates for affiliate sales to Ameren IP, Ameren CILCO, and Ameren CIPS.
Boston Gas Co. d/b/a KeySpan Energy Delivery New England v. Century Indemnity Co.
The Firm represented Boston Gas in this action involving insurance coverage for 28 sites where, at various times from 1822 until 1968, Boston Gas had manufactured gas onsite until the natural gas pipeline system was developed in New England. Manufactured gas plant (MGP) sites typically contain substantial amounts of contamination from tars and oils, which were by-products of the gas manufacturing process that were valuable when recaptured and sold, but hazardous when they reached soil and groundwater. The parties to this action agreed to use as a test site the last Boston Gas MGP, in Everett, Massachusetts, north of Boston. A favorable verdict was obtained for Boston Gas by Dickstein Shapiro, whereby the company was granted millions of dollars in damages and a declaration to cover future costs. The parties next tried the Commercial Point MGP site, and Boston Gas again obtained a favorable verdict.
Bridgeport Energy, LLC
The Firm represented Bridgeport Energy, LLC in proceedings associated with its filing of a cost-of-service RMR agreement with ISO New England Inc. to provide reliability services for the period of June 1, 2005 until the implementation of a New England LICAP market.
Bridgeport Energy, LLC v. NUSCO
The Firm represented Bridgeport Energy, LLC in a lawsuit for breach of a long-term supply of a specialized energy product.
Bridgeport Energy, LLC v. Siemens Westinghouse Power Corp.
The Firm represented the developer of a gas-fired generation plant in arbitration before the American Arbitration Association concerning warranty claims for turbine defects against the EPC contractor.
Connecticut Municipal Electric Energy Cooperative, et al. v. Milford Power Co., LLC, et al.
The Firm represented Milford Power Company, LLC in a complaint challenging its continuing eligibility for an RMR agreement and in negotiation of subsequent settlement agreement.
Connecticut Power & Light Co.
The Firm represented Duke Energy Trading and Marketing, LLC in litigation over standard offer service contracts.
Consolidated Edison Co. of New York v. FERC
The Firm represented KeySpan-Ravenswood in the DC Circuit’s review of the FERC’s decision to uphold the design of New York’s reserve market.
Devon Energy, et al.
The Firm represented New England generation subsidiaries of NRG Energy, Inc. in obtaining FERC approval of the cost-of-service RMR Agreement with ISO New England, Inc. and related settlement agreements for service provided between January 1, 2006 and the implementation of a New England LICAP market.
Devon Power Co., LLC, et al.
The Firm represented Duke Energy North America, LLC and Milford Power Company, LLC in the administrative hearing leading to an initial decision on the demand curve parameters and other design features of the ISO New England Inc. Locational Installed Capacity (LICAP) market and subsequent settlement proceedings establishing the Forward Capacity Market (FCM).
Duke Energy Trading & Marketing, LLC
The Firm represented Duke Energy Trading and Marketing, LLC in investigation and show cause proceedings concerning the California energy markets. The “California Energy Crisis” of 2000-2001 spawned a wide array of regulatory, political and litigation responses, and the Firm represented Duke Energy in every forum. At FERC, Dickstein Shapiro defended Duke Energy in proceedings, involving more than 100 parties, designed to provide refunds to California electricity purchasers, and in proceedings opened to investigate charges of “gaming” behavior in the western electric energy markets. The Firm achieved a “global settlement” of all these proceedings to which the California government agencies, the California investor-owned utilities, and the FERC were all parties. The Firm also represented Duke Energy before a variety of western state government agencies that exercise independent law enforcement authority and before a Select Investigating Committee empaneled by the California State Senate. The California Energy Crisis also generated more than two dozen private lawsuits on behalf of electricity consumers in western states. Dickstein Shapiro acted as co-lead counsel for the power generators and marketers named in these cases, and steered them to successful results through the Federal District Court, the U.S. Court of Appeals for the Ninth Circuit, and the U.S. Supreme Court. Collectively, these investigations, suits, and proceedings involved every conceivable economic, scientific, and regulatory aspect of the western energy markets.
Duke Energy Trading & Marketing, LLC v. Davis
The Firm represented Duke Energy Trading and Marketing, LLC in a suit against the governor of California for his unconstitutional seizure of Duke Energy’s long-term power contracts.
Duke Energy Vermillion, LLC and Duke Energy Lee, LLC
The Firm represented Generation subsidiaries of Duke Energy Corporation in settlement of litigation with respect to reactive power compensation tariffs.
Ebasco v. Avondale Shipyards
The Firm represented Avondale Shipyards in an arbitration of construction and warranty claims relating to a hydro-electric plant.
HydroQuebec Energy Services (U.S.) Inc. vs. New York Independent System Operation
The Firm represented KeySpan-Ravenswood in proceedings at the FERC and in the DC Circuit (sub nom. Consolidated Edison of N.Y. v. FERC) concerning the NYISO’s authority to change prices produced by competitive bidding.
In Re Application of CPV Maryland, LLC, Maryland Public Service Commission, Case No. 9129
CPV Power Development, Inc., in proceeding for a Certificates of Public Convenience and Necessity to construct a 640 MW natural gas-fired facility in St. Charles, Maryland. The Firm successfully obtained the CPCN on behalf of its client.
In re Duke Energy Corp. Securities Litigation
The Firm represented Duke Energy Corporation in shareholder litigation in New York concerning reporting under the securities laws and related employee shareholder ERISA litigation in North Carolina.
In re Geodyne Resources Litigation
The Firm represented PaineWebber in a class action brought by investors of hundreds of millions of dollars in oil and gas drilling programs. The investors alleged that they purchased the securities based on misleading disclosure and false financial information.
In re KeySpan Corp. Securities Litigation
The Firm represented KeySpan Corporation in shareholder litigation concerning KeySpan’s acquisition of Roy Kay Companies in New Jersey.
In re Mirant Bankruptcy
The Firm represented The Maryland Public Service Commission and Office of Peoples Counsel in proceedings before the Fifth Circuit, District Court, Bankruptcy Court, and the FERC on the enforcement of Mirant Bankruptcy’s “back-to-back” arrangement with Pepco for above-market power contracts.
Iroquois Gas Transmission System v. Public Service Commission of State of New York
The Firm represented Iroquois Gas Transmission System in an action for an injunction to prohibit the New York Public Service Commission from interfering with the construction of a gas pipeline.
Islander East Pipeline Co. v. Connecticut Department of Environmental Protection
The Firm represented Islander East Pipeline Company, in a challenge by the state of Connecticut to the constitutionality of specific provisions of the Energy Policy Act of 2005.
ISO New England Inc. and New England Power Pool
The Firm represented Duke Energy North America, LLC in settlement and administrative hearing with respect to changes to ISO New England Inc. market rules related to the scheduling and compensation of generation during extreme cold weather conditions.
Kern River Gas Transmission
The Firm represented Reliant Energy Services, Inc. in hearing to obtain additional evidence on return on equity (ROE) component of pipeline rate in view of new FERC policy permitting inclusion of master limited partnerships in ROE proxy groups.
Kern River Gas Transmission
The Firm represented Constellation Energy Group in obtaining favorable initial decision on pipeline rates.
KeySpan General Development Corp., et al. v. NYISO
The Firm represented The NYPA and KeySpan Corporation in litigation concerning the New York ISO’s calculation of interconnection-related system upgrade costs.
KeySpan-Ravenswood, LLC v. FERC
The Firm represented KeySpan-Ravenswood on its petition to the DC Circuit to review the FERC’s approval of an NYISO decision to allow energy suppliers to purchase less capacity than is required under the rules of New York State Reliability Council.
LaPrairie Group Contractors (International) Ltd. v. CE Casecnan Ltd., et al.
The Firm represented Mid-American Energy Holdings Company in an ownership dispute between shareholders involving a hydro-electric project in the Philippines.
Lawrence Hydro Association v. NE Power
The Firm represented Lawrence Hydro Association in a breach of contract/reformation case involving rates paid for energy, provided by the plaintiff to the defendant.
Maryland Public Utilities Commission v. PJM Interconnection, LLC
The Firm represented Reliant Energy Corporation in compliant proceedings to terminate certain exemptions from PJM energy market offer caps.
Midwest Independent Transmission System Operator, Inc.
The Firm represented Duke Energy Trading and Marketing, LLC in litigation of seams elimination adjustment charges (SEAC) arising due to the elimination of multiple transmission charges for inter-market transmission arrangements.
Milford Power Co., LLC
The Firm represented Milford Power Company, LLC in the settlement proceedings and administrative hearing with respect to the cost-of-service RMR agreement with ISO New England, Inc. accepted by the FERC for the 2004-2005 interim period prior to implementation of a New England LICAP market.
Milford Power Co., LLC v. PDC Milford Power, LLC
The Firm represented Milford Power Company, LLC in a declaratory judgment action involving a limited liability company dispute.
Multiple Private Plaintiff Federal and State Court Litigation
The Firm represented Duke Energy North America and Duke Energy Trading and Marketing, LLC in multiple lawsuits alleging antitrust and business practices claims in connection with the California energy markets.
Natural Gas Transport v. KN Energy, Inc.
The Firm represented KN Energy, Inc. against claims of antitrust violations and deceptive practices in connection with gas transportation.
Nevada Power Co. and Sierra Power Co. v. Enron Power Marketing, Inc., et al.
The Firm represented Duke Energy Trading and Marketing, LLC in prehearing and settlement proceedings related to certain long-term power sales agreements entered into by the Nevada utilities during the 2000-2001 western power crisis.
New Harquahala Generating Co., LLC
The Firm represented New Harquahala in an appeal of a decision to include Harquahala on the NERC Compliance Registry as a Transmission Owner and Transmission Operator in connection with 500 kV generation interconnection facilities that connect the Harquahala generating facility to the Hassayampa Switchyard.
New York Independent System Operator
The Firm represented New York Power Authority (NYPA) and KeySpan Corporation affiliates in numerous FERC proceedings involving the New York ISO, on subjects including ICAP, UCAP, status service, reserves market structure, and price mitigation.
New York Power Authority v. Consolidated Edison Co. of New York
The Firm represented NYPA in a complaint proceeding at the FERC against Consolidated Edison Company of New York alleging violation of FERC Station Power Policies.
Niagara Mohawk Power Corp. v. FERC
The Firm represented The Competitive Generators’ Group in a proceeding that affirmed the FERC’s station power policies.
Norwalk Harbor, LLC
The Firm represented NRG Energy, Inc.’s Norwalk Harbor generating facility in its application for an RMR agreement to replace “push” bidding.
NRG Energy, Inc. v. Connecticut Light & Power Co.
The Firm represented NRG Energy, Inc. in arbitration over Connecticut generating facilities’ obligations to pay retail station power charges under interconnection agreement for station power delivered at transmission voltage.
Ocean State Power v. ProGas, Ltd.
The Firm represented Ocean State Power in an arbitration of provisions of two natural gas contracts in a Toronto-based arbitration under the rules of the American Arbitration Association.
Pacific Gas & Electric Co. v. Duke Energy Trading & Marketing
The Firm represented Duke Energy Trading and Marketing, LLC in arbitration over the terms of a true-up provision in a settlement agreement entered into with a large California investor-owned utility in 2001.
PDC Milford Power, LLC v. Milford Holdings, LLC, et al.
The Firm represented Milford Holdings, LLC in a successful motion to dismiss plaintiff’s complaint.
PSEG Nuclear v. Atlantic City Electric and Delmarva Power & Light
The Firm represented Atlantic City Electric and Delmarva Power & Light in an arbitration proceeding involving assignment of claims against the U.S. Department of Energy for failure to remove spent nuclear fuel.
PSEG Power Connecticut, LLC
The Firm represented PSEG Power Connecticut, LLC in the administrative hearing into the rate filed in its 2004-2005 interim RMR agreement with ISO New England Inc.
Public Utilities Providing Service in California Under Sellers’ Choice Contracts
The Firm represented Duke Energy Trading and Marketing, LLC in prehearing and settlement proceedings related to the impact of the California ISO Corporation’s implementation of nodal pricing on “sellers’ choice” delivery point provisions in existing bilateral contracts.
Refuse Fuels, Inc. v. National Union Fire Insurance Co. of Pittsburgh, PA, et al.
The Firm represented the owner of a refuse-to-steam power plant against efficacy insurers that had contracted to pay repair and financing costs if the plant did not operate as designed. The representation involved two separate trials and multiple summary judgment motions.
San Diego Gas & Electric Co. v. California Energy Co.
The Firm represented California Energy Co. in a proceeding where a utility company sought to cancel its power purchase agreement with the client.
San Diego Gas & Electric Co., et al v. Sellers of Energy and Ancillary Services, et al.
The Firm has represented Duke Energy Corporation and various Duke Energy subsidiaries and affiliates in the California ISO Refund Hearing and related proceedings arising out of the 2000-2001 collapse of the California energy markets.
Sithe New Boston, LLC v. Duke Energy Trading & Marketing
The Firm represented Duke Energy Trading and Marketing LLC, a natural gas marketer, in a contract dispute with an IPP.
Socap Int’l., Ltd. v. Mobil Sales & Supply Corp.
The Firm represented Socap Int’l., Ltd. in a breach of contract claim concerning oil stored in Dakar, Senegal.
Spent Nuclear Fuel Litigation
The Firm represented Atlantic City Electric, Delmarva Power & Light, and Vermont Yankee Nuclear Corp. in takings claims against the U.S. Department of Energy arising out of the failure to remove spent nuclear fuel from nuclear power plants previously owned by the Firms’ clients.
Staff’s Petition for Designation Of Competitive Renewable Energy Zones
The Firm represented CPV Renewable Energy Company, LC and CPV Rattlesnake Den Renewable Energy Company, LLC in proceeding to establish competitive renewable energy zones in Texas.
State of North Carolina v. FERC
The Firm represented the State of North Carolina in proceedings over a period of 15 years concerning the city of Virginia Beach’s proposal to construct a pipeline to obtain water from a lake created by a hydro-electric project in North Carolina. The proceedings included litigation in two district courts, the Panel on Multi-District Litigation, and the FERC.
Trans-Allegheny Intrastate Line Co. and Virginia Electric and Power Co., et al.
The Firm represented CPV Warren, LLC in proceeding for certificates of public convenience and necessity to construct a 500-kV transmission line in Virginia.
Trans-Allegheny Intrastate Line Co., West Virginia Public Service Commission
The Firm represented CPV Warren, LLC in proceeding for certificates of public convenience and necessity to construct a 500-kV transmission line in West Virginia.
Turboven Maracay Co., Inc. v. General Electric Int’l, Inc.
The Firm represented the developer of several gas-fired generation plants in South America in arbitration before the International Chamber of Commerce in claims against the EPC contractor for defective and untimely construction of the plants.
United Refining Co. v. Department of Energy
The Firm represented United Refining Co. in litigation involving “new” oil/ “old” oil price regulations.
United Refining Co. v. Maze, et al.
The Firm represented the plaintiff in civil RICO litigation against former executives of a refining company in connection with its retail gas subsidiary.
Westmoreland-LG&E Partners v. Virginia Elec. & Power Co.
The Firm represented Westmoreland-LG&E Partnersin a contractual dispute against Virginia Electric & Power Company.