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Table of contents
Litigation and arbitration | Renewable energy | Traded energy markets | Regulatory and public policy | Generation and transmission system modeling | Mergers and project finance | Bankruptcy and restructuring
Northern Virginia High-Voltage Power Line
Overview
Dominion Virginia Power (DVP) and Trans-Allegheny Interstate Line Company proposed to construct a high-voltage transmission line of 265 miles (93 in VA) across PA, MD, WV, and VA, terminating at a substation in Loudoun County, VA (“502 Junction-Mt. Storm-Meadow Brook-Loudoun 500 kV Transmission Line”). For the Virginia State Corporation Commission (VaSCC), Bates White experts examined reliability needs and potential alternatives to the line.
Analysis
Bates White’s experts performed load flow modeling, contingency analysis, and reliability needs assessments of scenarios that encompassed transmission, generation, and demand-response alternatives and analyzed the costs of the proposed line. The Initial Report was filed January 7, 2008. The Washington Post reported that DVP was “pleased with [Bates White’s experts’] findings,” and that Piedmont Environmental Group (opposed to the line) was “comfortable” that the report was not a refutation of its case.
On January 23, Bates White’s experts filed a supplemental report that included the results of a reliability study based on the most “up-to-date” power flow cases provided by the DVP. Nick Puga and Spencer Yang, authors of the report and testifying experts in the matter, concluded that in the absence of significant generation additions and/or load reduction, additional transmission infrastructure was critical to ensure that the backbone transmission system could reliably serve the expected load growth in the PJM mid-Atlantic region and the northern Virginia area.
Outcome
The VaSCC approved the line on October 7, 2008, saying it would “cure reliability problems that will occur on an existing high-voltage line by 2011 (“SCC Approves Northern Virginia High-Voltage Transmission Line: Finds Need to Assure Reliability of Electric Service”).
Causes of Oil Price Increases
Overview
An arbitration dispute over a contract price escalation clause centered on the causes of oil price increases. Bates White experts Leonardo Giacchino and Kathleen King filed an expert report, and Dr. Giacchino provided oral testimony on topics that included the causes of oil price increases.
Analysis
Drs. Giacchino and King’s report examined the causes of oil price movements during the time period of most rapid price escalation—early 2007 through mid-2008. The report analyzed the events that caused oil price movements on days of the largest price movements. These days accounted for about 40% of oil price variation but only 10% of the trading days during this time period. They concluded that the substantial majority of the price changes were caused by political events involving conflict or political instability in the Middle East and elsewhere, OPEC announcements, other governmental decisions affecting oil ownership or production, monetary policy decisions, or governmental decisions involving demand subsidies.
Illinois Electricity Auction, FERC Docket No. EL07-47-000
Overview
The Attorney General of Illinois filed a complaint before FERC that concerned the fixed-price section of an auction of electricity for distribution to retail customers of Ameren Illinois and Commonwealth Edison (ComEd). Bates White’s experts analyzed the conduct, bidding behavior, and outcome of the auction and addressed the auction structure and rules, as well as allegations of market manipulation.
Analysis
Bates White’s experts David DeRamus and Collin Cain countered the arguments of the AG’s expert, who contended that the market structure was noncompetitive and that bidder collusion had occurred. They outlined how the AG’s expert had relied upon HHI analysis that was inappropriate as a means to assess competitiveness and irrelevant to the issue of whether the wholesale electricity markets at issue were competitive. (FERC had already determined that those markets were indeed competitive.) Dr. DeRamus and Mr. Cain showed how the AG’s expert had erred in his analysis of bidder behavior, how he had misrepresented the market context of that behavior, and how his analysis of supply elasticity was flawed and irrelevant.
Outcome
Bates White’s experts illuminated a pattern of bidding behavior consistent with independent action, determined that the auction was conducive to competition, and found no evidence of market manipulation. Our experts expressed the view that going forward with the hearing would have created regulatory uncertainty and litigation risks for auction market participants and harmed the competitive environment. An eventual negotiated settlement maintained the auction results but eliminated future retail supply auctions.
New York Regional Interconnect, Inc., NYSPC Case No. 06-T-0650
Testimony in support of the proposed 345kV transmission line, based on analysis of economic and public policy benefits (with Nick Puga). Testimony filed March 2, 2009.
Bankruptcy
FERC Market-based Rate Proceedings
Other FERC Proceedings
Bates White expands its energy team, focuses on today’s hot issues
Renewable Energy, Infrastructure, U.S.-Mexico Cross-Border Development
Nick Puga, MSc, Partner
Nick has more than 20 years of experience as a senior energy advisor and executive of energy consulting services in international marketing, business development, and operations. Nick has worked as a technical advisor on energy infrastructure project development, energy end-use efficiency, renewable energy technology policies and marketing. He is an expert in U.S.-Mexico cross-border energy trade and in the market, regulatory, and commercial aspects of energy project development in Mexico. Nick has worldwide experience with private and public sector clients in such countries as the U.S., Canada, Mexico, Argentina, Chile, Venezuela, Colombia, the Philippines, and Australia. He has an MSc in energy engineering from the University of Arizona.
Natural Gas
Chris Gulick, MBA, Principal (San Diego)
Chris provides expertise in natural gas supply and transportation contracting, market assessments, energy demand and price forecasting, natural gas operations and portfolio planning, and developing and implementing fuel supply plans for electric generators. He also supports clients with litigation, regulatory filings, and due diligence associated with gas supply and transportation contracts, investments in natural gas infrastructure, LNG facilities and markets, and electric generation facilities. Chris is a compelling expert witness and has served in this capacity in many matters, including an international arbitration regarding LNG price re-openers, a dispute regarding a joint marketing venture (where he provided a damages estimate), a commercial litigation regarding the forward sale and delivery of natural gas, and the integration of gas resource portfolios.
Chris has both micro- and macro-level knowledge of the natural gas industry based on 26 years of working as a gas company executive and energy consultant. He was heavily involved in the restructuring of the U.S. natural gas industry on behalf of Boston Gas, and he has been a frequent witness on natural gas supply and planning matters.
Traded Energy Markets, Markets for Generation Assets, and Retail Energy Markets
Kathleen King, PhD, Principal
Kathleen’s three decades of experience in energy markets span traded energy markets, markets for generation assets, and retail energy markets. She provides clients with litigation support, advisory services, and transaction support.
Kathleen is an expert in energy trading and risk management practices. Her work has included the analysis of allegations of market manipulation, the evaluation of strategies and practices of trading organizations and their riskiness, the assessment of the accuracy of public disclosures regarding energy trading and risk management, contract valuations, and economic due diligence on trading and marketing companies. She has filed expert reports on the fair market value of natural gas transactions in a bankruptcy case and on the reasons for oil price increases.
Kathleen’s experience in markets for generation assets has included economic due diligence on generating assets, including market assessment and price forecasting studies in wholesale power markets; and damage and lost profit calculations in disputes involving power plants. She has worked with private equity clients to identify opportunities in energy markets and structure transactions.
Kathleen’s experience in retail energy markets has focused on demand response, its measurement and incorporating it in risk management systems, and on the design, evaluation, and implementation of pricing programs such as real-time pricing.
Energy and Environmental Policy
Ted Gayer, PhD, Academic Affiliate (Assoc. Professor of Public Policy, Georgetown)
Today’s energy-related issues are inextricably bound up with environmental policy. Ted draws on expertise in both these areas to advise organizations facing challenges with respect to climate change, carbon offset markets, mercury regulation, sulfur dioxide and nitrogen oxides regulation, fuel economy standards, renewable fuel standards, Superfund, the Clean Air Act, New Source Review, and the Endangered Species Act.
Ted held positions at the EPA and the Department of Treasury, and he has provided briefings to the highest levels of government. His technical expertise includes econometrics, cost-benefit analysis, cost-effectiveness analysis, risk assessment and valuation, and the design of market-based environmental policies.
Briefing Papers
Articles
Reports and Presentations