Practice Capabilities
Loeb & Loeb’s Energy Group offers comprehensive regulatory and litigation counsel designed to achieve the strategic goals of our clients in the electric, natural gas, nuclear and renewable energy sectors. Our energy attorneys are thoroughly familiar with the workings of the various agencies and commissions that regulate the industry.
We make it our job to be on top of the federal, state and local laws and proposed regulatory changes that impact the way our clients do business today...and how they may operate tomorrow. Our Washington, DC, office allows us to get in front of the lawmakers, commissioners and agency officials who are responsible for our clients’ federal regulatory framework.
Our Energy Regulatory and Litigation services encompass:
- Federal and state agency and commission hearings and proceedings
- Federal and state court, bankruptcy court and appellate court litigation
- Alternative dispute resolution proceedings
- Antitrust litigation and compliance
- Advanced Metering Infrastructure (AMI) regulatory issues
- Deregulation and restructuring
- Market manipulation claims
- Contractual disputes
- Tax disputes
- Regulatory compliance
- Tariff and rate matters
- Service agreement and territory issues
- Intellectual property disputes
- Environmental and land use issues
- Corporate governance
- Internal investigations
- Shareholder lawsuits
Service Approach
Our litigators have long been known as determined, aggressive and successful. Whether representing a client’s position in a rate case or tackling a complex antitrust claim, we are tireless advocates with unparalleled understanding of the regulatory environment. By delivering creative solutions to today’s tough regulatory and litigation challenges, our Energy Group helps clients generate and deliver the energy needed to meet tomorrow’s demands.
We have represented every segment of the industry, including investor-owned utilities, public power entities, developers, customers, regional organizations and regulators. Our knowledge of how the various players think, based on this breadth of experience, fosters sophisticated strategies and creative solutions. Our representative Energy Regulatory and Litigation experience includes:
- Represented Central Maine Power Company in FERC and state review of divestiture of generation assets.
- Represented Entergy/GSU in regulatory approvals for merger before state and federal agencies.
- Represented Energy East in connection with FERC and state review of a variety of acquisitions.
- Represented Vermont Electric Power Company in connection with its creation of an affiliated limited liability company and associated transfer of tariffs and rate schedules.
- Represented utilities petitioning the US Circuit Court of Appeals for the DC Circuit for the review of FERC's Open Access Rule, Order No. 888
- Represented a utility in proceedings before FERC regarding the elimination of through-and-out rates and other “seams” issues between the Midwest ISO and PJM, the status of grandfathered agreements, and implementation of a competitive market.
- Represented utility companies in regulatory proceedings before the New York State Public Service Commission concerning the unbundling of potentially competitive energy services, metering, billing and the Home Energy Fair Practices Act.
- Represented utilities in prudence investigations involving over $10 billion in capital assets.
- Represented market participants in antitrust suits alleging market manipulation and contract actions rising out of the failure to deliver and/or pa for energy, including representing parties in the Enron bankruptcy.
- Litigated matters in the Court of Federal Claims against the US Department of Energy regarding whether an interruptible rate tariff was appropriate for the US Strategic Petroleum Reserve.
- Represented a water company in its challenge of the methodology behind ad valorem tax levy on utility property.
- Represented various utilities in hydro relicensing proceedings before the FERC.
- Represented PEPCO Holdings, Inc. (PHI) utility subsidiaries in rate cases in four jurisdictions.