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Bates White principal testifies before FERC on behalf of Mississippi Public Service Commission

August 2017

Principal Collin Cain submitted testimony in two proceedings relating to the Mississippi Public Service Commission.

Mr. Cain submitted cross-answering testimony on behalf of the Mississippi Public Service Commission in a Federal Energy Regulatory Commission (FERC) proceeding stemming from a 2009 complaint regarding electric power sales under the Entergy System Agreement (ESA). FERC had previously determined that Entergy violated the ESA in the way the costs and revenues associated with certain off-system power sales were allocated among the Entergy operating companies. Mr. Cain testified on the correct methodology for calculating damages under FERC’s interpretation of the ESA and on appropriate measures of economic cost for resources deemed to be the source of off-system power sales.

Mr. Cain also testified at a subsequent FERC hearing in the same matter regarding the determination of damages and appropriate measures of economic cost for the sourcing of off-system power sales. The five-day hearing concluded testimony in the third phase of a proceeding stemming from the 2009 complaint. The initial decision, issued in July 2017, found total damages of $85.6 million, with approximately $21.6 million before interest owed to Mississippi rate payers.