Energy


HMS Legal practices the following areas of law related to energy:

Regulation of energy markets has changed dramatically over the past three decades, as the natural gas and electricity markets have unbundled and evolved and competition has matured. HMS lawyers have been active in the key regulatory proceedings in Pennsylvania and at the Federal Energy Regulatory Commission (FERC) that have shaped the current market structures and rules.  HMS represents or has represented clients in virtually all industry sectors, from incumbent utilities to wholesale purchasers, marketers, large retail energy users, state and local governments, associations, non-governmental organizations (NGOs) and financial institutions in proceedings before the Pennsylvania Public Utility Commission (Pa. PUC) and FERC and in energy contracting matters.  Examples of our energy experience include:

 

Natural Gas

  • Advising and representing Pennsylvania natural gas distribution companies on the full array of Pa. PUC rate and regulatory issues, from traditional rate cases to competitive and incentive rates
  • Representing natural gas marketers in natural gas distribution proceedings involving rates and terms and conditions of service
  • Counseling and representing large end users of natural gas in Pa. PUC proceedings involving rates and terms and conditions of service
  • Representing natural gas distribution companies from Pennsylvania, Ohio, West Virginia, and Connecticut in FERC interstate pipeline cases involving transportation rates, service terms, capacity release, and nondiscriminatory access
  • Advising and representing clients regarding natural gas commodity and capacity contracting
  • Advising and representing cooperatives in obtaining appropriate exemption from Pa. PUC jurisdiction (that is, bona fide cooperative status), and acquiring and converting public utilities into bona fide cooperatives

Electric

  • Advising and representing electric generation providers in electric distribution utility proceedings concerning rates and terms of service
  • Advising and representing property owners affected by proposed electric transmission line sitings in Pa. PUC proceedings
  • Counseling and representing large users of electricity in Pa. PUC proceedings involving rates and terms and conditions of service
  • Advising and representing Pennsylvania's municipal electric utilities on procurement, rate, regulatory, and service issues
  • Ongoing litigation at FERC and the Circuit Courts of Appeal on behalf of the State of California seeking refunds for overcharges during 2000-2001 California Energy Crisis.
  • Advising and representing clients concerning electricity commodity and capacity contracting.

Solar/Wind/Alternative Energy

  • Representing NGOs and natural gas distribution companies in Act 129 electric distribution utility alternative energy portfolio cases and other related proceedings before the Pa. PUC
  • Advising wind power providers on Pa. PUC and siting issues
  • Advising municipalities and public/private partnerships on solar projects
  • Securing end user grants for demand side management and related energy usage reduction

District Heating and Cooling

  • Representing Pennsylvania district heating and cooling utilities in full range of Pa. PUC rates, service, merger and financing issues.

Oil, Gasoline and Petroleum

  • Representing large end user customers of oil and gasoline pipelines in complaint and rate proceedings before Pa. PUC.
  • Providing advice and representation before the Pennsylvania Department of Environmental Protection, Pennsylvania Department of Revenue, Pennsylvania Department of General Services, and Pennsylvania Department of Commerce and Economic Development in such matters as:
    • Petroleum Marketing Practices Act
    • Biofuels
    • Fleet fueling
    • Downstream defaults
    • National Renewable Fuel Standards