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Energy | Selected Experience

Litigation

Prepared and defended expert testimony for the Trans Alaska Pipeline and Williams Pipeline rate cases before the FERC. Advised Exxon and implemented internal studies regarding the Dutch Auction financing technique.

Submitted expert testimony on the value, prudence, and economic used-and-usefulness of a long-term purchase contract with Hydro-Quebec in front of Vermont Public Service Board regarding Green Mountain Power Corporation (Docket No. 5983, Montpelier, VT, December 1997).

Submitted expert testimony on the appropriate cost of capital as part of a general rate case in front of the Illinois Commerce Commission, regarding Central Illinois Lighting Company (Docket No. 02-0837, November 2002).

Submitted expert testimony in a merger-related dispute in the energy industry; testimony involved the valuation of a potential environmental liability/toxic tort arising from oil and gas operations, including an assessment of the materiality of the liability to the proposed merger.

Performed analysis of antitrust liability and submitted an expert disclosure statement on behalf of defendant oil companies in a civil antitrust matter alleging a conspiracy to raise retail gasoline prices.

Retained to present expert testimony in two potential federal District Court injunction proceedings involving pipelines for crude oil and refined petroleum products, petroleum refineries, distribution terminals, and the retail distribution of gasoline; both matters were concluded with settlements.

Submitted expert testimony in front of FERC regarding Kansas Pipeline Corporation on future gas supplies to determine pipeline depreciation rates. As part of that testimony, evaluated long-term forecasts of natural gas prices to determine economic returns (Docket No. RP99-485-000, April 2000).

Submitted expert testimony in front of the Vermont Public Service Board regarding Green Mountain Power Corporation on the use of forecast long-term "avoided" energy costs as part of an overall evaluation of the prudence of specific distribution system investments (Docket No. 5983, Montpelier, VT, January 1998).

Submitted expert testimony on behalf of Duke Energy in FERC proceedings (Docket Nos. EL00-95-075 and EL00-98-063) related to the California power markets during 2000-2001 and allegations of improper bidding behavior. Analyzed detailed data on individual bids and plant-level generation, performed statistical analysis of “physical” and “economic” capacity withholding. Analyzed financial market data, examined alleged evidence of manipulative trading strategies, and assessed evidence of coordinated behavior.

Prepared comparable company analyses focusing on operating results, financial position, and Z-scores to refute claims of financial failure and irreparable harm due to unfair competition from imported crude oil for a solvency analysis matter.

Served as consulting experts to multiple clients in the natural gas marketing and trading business in dozens of separate matters involving index reporting and energy pricing. Consolidated and extensively analyzed transaction-level data from widely disparate sources, and investigated complex issues such as financial trading strategies, market disequilibria, and alleged market manipulation.

As a result of the Economic Emergency Act of 2002 in Argentina that froze regulated prices and caused utilities to default on their debt obligations, our experts developed financial models for claimants’ counsel that demonstrated the defaults were a result of the changes introduced unilaterally by the Government of Argentina in the concession contracts. The cases were resolved favorably for our clients.

A foreign-owned utility in Bolivia hired a law firm and one of our experts to assess its chances at International Centre for Settlement of Investment Disputes (ICSID) as a result of a series of actions by the regulator. After the assessment of damages and the opinion by the law firm, the utility negotiated a tariff increase with the government that allowed it to improve its financial situation and compensate for past losses.

On behalf of an investor, in an expropriation case predating the Economic Emergency Act in Argentina, our experts provided a report and testimony to the ICSID tribunal on: estimated damages against a utility as well as the unjust enrichment on the part of the government; compensation due to the investors in the utility; and important economic principles to apply under the BIT claim at ICSID.

After the Government of Turkey expropriated electric power plants, our experts reviewed the damages estimation for an investor filing a BIT claim at ICSID.

As part of the negotiations between an investor and a Government in Central America, our experts performed a damages assessment for a potential claim of expropriation of investments at ICSID.

As a result of government actions that crippled the value of a utility in Argentina, our experts supported the renegotiation of a concession contract and helped investors prepare for international arbitration after the Government terminated the contract.

Selected Experience
Regulatory and public policy
Litigation
Market Power Analysis
Mergers and Acquisitions
Market analysis, modeling and forecasting
Market design
Transmission system modeling and analysis
Environmental policy
Restructuring and privatization
Finance