Collection of Damages Resulting From Breach of Contract
Kegler Brown represents an affiliate of a major electric utility
provider in connection with breaches of long-term energy supply contracts with
commercial end-users. In order to preserve the provider's relationships with
commercial end-users of energy, Kegler Brown negotiated and drafted reasonable
solutions satisfactory to both parties.
Compliance Counsel for Ohio Electric Utility
Our attorneys designed and implemented the utility's regulatory
compliance program and adherence to an affiliated utility’s code of conduct. We
continue to provide ongoing assistance in the creation and modification of all
required contractual and marketing documents, regulatory certification and
related filings, required reporting and consumer complaint resolutions.
Certification of Competitive Retail Electric and Natural Gas Suppliers
Our attorneys routinely assist CRES and CRNGS suppliers with initial
and renewal applications for certification from the Public Utilities Commission
of Ohio. In addition to completing and reviewing applications for compliance,
our attorneys work with PUCO staff to ensure the smooth and timely approval for
General Counsel for Ohio Utilities and Competitive Retail Electric and Natural Gas Suppliers
We have acted outside general counsel to many of our utility and CRES
and CRNGS supplier clients, providing regular advice regarding compliance with
Commission rules and orders. Our attorneys have also routinely provided
guidance in connection with the drafting and negotiating of contractual
agreements and internal operations.
Customer Complaint Defense Counsel
We have represented a major Ohio utility in customer complaint cases
filed with the Public Utilities Commission of Ohio. In addition to providing a
vigorous defense to the allegations, our attorneys diligently worked to reach
mutually acceptable solutions for the parties.
Development of Energy Efficiency Decoupling Pilot Programs
A client interested in the proliferation of energy efficiency requested
assistance in persuading regulated utilities and the PUCO in establishing a
decoupling pilot. Decoupling encourages energy efficiency measures while
diminishing the throughput incentive, resulting in increasing the value of
customer investments in energy efficiency and providing the utility the
opportunity to collect all Commission-approved costs and rates of return.
Working with Commission Staff and utility experts, the successful collaboration
produced pilot programs with two of Ohio’s largest investor-owned electric
Bidding Energy Efficiency into the PJM Capacity Market
A client interested in adding value to utility customer energy
efficiency programs requested representation in applicable PUCO cases in order
to persuade utilities and the Commission to bid applicable energy efficiency
savings into the PJM capacity auction. Revenue from the auction decreases
energy efficiency program costs to customers while providing an additional
revenue stream to utilities. These efforts yielded the expectation that a
percentage of applicable savings would be bid in to future PJM capacity auctions.
You’re Getting Warmer
Ohio receives Low Income Home Energy Assistance Program
(LIHEAP) funding from the federal government to provide assistance to low and
moderate income families to subsidize their home energy expenses. Federal
law permits states to set aside a portion of these federal funds to weatherize
homes of low and moderate income Ohio households so their long-term energy
costs are reduced.
Ohio Partners for Affordable Energy (OPAE), a client, sought
to increase the percentage of federal LIHEAP funds that are used in Ohio for
the weatherization of homes through legislation. The team at Kegler Brown
worked with the client and the client's allies to structure a grassroots campaign and advocacy strategy
that culminated in the funding for weatherization increasing by 33 percent
after 18 months.