Our firm's expertise in energy law compliments our capabilities in handling matters of concern to all utilities.

Hydropower Licensing, Decommissioning, and Divestiture
Our attorneys are experts in the issues facing utilities operating hydroelectric facilities. We have prepared applications for both original and new FERC hydroelectric licenses, including competitive applications, and have participated in countless FERC, state, and judicial proceedings involving both licensed and unlicensed hydroelectric projects.

Utility Interaction with Local Government: Franchise Agreements and Eminent Domain
We represent public utilities seeking new or renewed franchises from local government entities, advise clients as to the limits of local franchising authority, and file complaints, when necessary, to challenge unlawful use of that franchising authority. Our attorneys are experienced in drafting, negotiating and finalizing these franchise agreements, and can assist you in meeting your franchise requirements.

Additionally, we are experienced in handling eminent domain actions, and both defend utilities against takeover attempts by local governments seeking to offer competing utility service and represent utilities in condemnation actions to obtain rights of way necessary to provide utility service.

Environmental Compliance (NEPA, ESA, CEQA, CWA)
Our attorneys are experienced at guiding clients through the environmental compliance process. If you are considering an application, we can provide a quick overview of applicable laws. When you are ready to move forward, we can assist in preparing your applications, negotiate with agencies on your behalf, and counsel you through settlements, appeals and, if necessary, litigation.

You benefit from our comprehensive ability to handle the entire lifecycle of a project and the special attention that we are able to provide as a small firm.

Rulemaking and Lobbying
We represent utilities and others before state and federal legislative bodies, including informal workshops, rulemakings, and Congressional hearings.

PURPA Implementation
Our attorneys are knowledgeable as to the requirements of the Public Utility Regulatory Policies Act (PURPA) and the Federal Power Act, as well as their more contemporary counterparts, such as the Energy Policy Acts of 2002 and 2005, FERC Orders 888, 889, and 890, and state implementation of PURPA. We assist public utilities in navigating the details of these regulations and other FERC and state commission regulations when issues arise as to avoided cost, curtailment, off-system wheeling, interconnection costs, overpayment, and many other issues.

Utility Formation and Annexation
We assist utilities seeking to expand their service territory or, in the case of an Indian tribe, form a new utility. Utility expansion and formation brings together many of our other practice areas, and requires creativity and experience as well. If you are considering forming a new utility, or annexing customers to your existing utility, we can help you develop a plan for doing so.