Bates White’s experts leverage their extensive energy market, financial, and litigation experience to address complex regulatory issues, including the design and evaluation of natural gas and oil procurement programs, assessment of market structure, presence of market power, and design of market mechanisms. We have provided testimony in market-based rate proceedings, rate cases, IRP dockets, and facility siting hearings. Our experts have also helped regulated companies and their customers design revenue requirement strategies using typical approaches (e.g., cost-of-service models, rate design, PBRs, benchmarking, etc.) and provided expert testimony on key economic drivers such as cost of capital, ROE, and depreciation. In addition, our experts have developed systems of accounts and implemented regulatory accounting systems in a number of countries that have restructured their energy industries.
Project development and transaction support
Bates White’s experts develop and manage power supply procurement plans, including auctions and RFPs, for a wide variety of supply alternatives (such as PPAs and tolling and turnkey agreements). We manage the procurement process from concept through evaluation and approval to ensure efficient and fair outcomes. And we create innovative hybrid mechanisms for supporting independent investment.
Auction and market monitoring
Auctions offer an efficient, rules-based method to ensure competitive results—whether in energy supply procurement, asset divestiture, or block power sales. Bates White’s experts are at the forefront of auction theory and have experience in the design, implementation, and administration of successful auctions. We provide independent evaluation of auction design, implementation, bidding behavior, and the competitiveness of auction outcomes.
Renewable energy, demand response, and environmental policy
Recognition of the impact that emissions from electric generating plants have had on the climate has driven unprecedented changes in environmental policy and regulation, in addition to development of renewable energy generation and demand response and energy efficiency programs. Our experts possess the economic and technical expertise to provide clients with the broad view to address the emerging developments and challenges in the energy sector.
Market power, market manipulation
The competitiveness of power markets relies on market design, implementation, and appropriate monitoring. Bates White has extensive experience providing market monitoring on behalf of the FTC, as well as consulting services and expert testimony in proceedings before the courts, FERC, and state public utility commissions, and expertise evaluating critical components of market designs, recommending detailed design strategies, and assessing the competitiveness of specific markets.
- Served as an expert witness on behalf of Mississippi Public Service Commission in Louisiana Public Service Commission v. Entergy Services, Inc. on the appropriate treatment of power plant cancelation costs under the Entergy System Agreement.
- Led a team of experts in economics, power plant emissions control, and power market modeling in the evaluation of the economic feasibility of retrofitting the LaCygne coal-fired generating facility, an aging coal fired generating plant in Kansas, to meet recently adopted and proposed environmental regulations.
- Evaluated technical aspects of the proposed spin-merge of Entergy’s transmission assets to ITC Holdings Corp., and advised the MPSC on alternative paths to achieve the same planning and operational excellence claimed to be achievable only through the proposed transaction.
- Testified on behalf of the Virginia State Corporation Commission Staff about the use of Smart Meters in a utility Conservation Voltage Reduction program designed to reduce electric distribution losses and to conserve energy at customer facilities.
- Performed energy supply and demand assessment for the California/Baja California Border region in response to the California Energy Commission’s need for new statewide energy policies.
- Assessed potential market power issues associated with the proposed merger of Exelon and Constellation.