Energy + Environment

Public Utilities

Case Studies

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 certification.

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 utilities.

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.