Owen E. MacBride
Partner
Chicago
312.258.5680
E-mail

State Regulatory Experience

Schiff Hardin has extensive experience in representing electric and gas utilities before the Illinois Commerce Commission (ICC).

Rate Cases

In the past 25 years, our firm has represented electric and gas utilities in more than 10 rate cases before the ICC. These rate proceedings have involved both traditional "bundled" electric and gas services and unbundled electric distribution and gas transportation services, and both historic and forecasted test years. In a time period in which there has been, overall, greatly reduced rate case activity in Illinois (and elsewhere), we are one of the few firms that retains the experience and capabilities necessary to prepare and litigate a rate case for bundled or unbundled services for an electric or gas utility.

Schiff Hardin also has extensive experience representing electric and gas utilities in the entire range of proceedings before the ICC, including:

• Annual purchased gas adjustment clause and electric fuel adjustment clause reconciliations
• Tariff approval proceedings other than rate cases
• Applications for certificates of public convenience and necessity and certificates of service authority
• Pipeline certificate and eminent domain authority proceedings
• Construction cost audits and investigations
• Proceedings for approval of contracts with affiliates
• Complaint cases and investigations
• Rulemakings and other generic proceedings

Our firm has frequently represented clients in obtaining the necessary approvals from the ICC for transactions, including debt and equity financings; mergers, acquisitions and corporate restructurings involving electric and gas utilities; and sales and transfers of assets (including electric utility power plants).

Schiff Hardin has represented electric and gas utilities and telecommunications carriers in numerous appeals of ICC decisions to the Illinois courts, as both appellant and appellee. On a number of occasions our firm has secured reversals of ICC orders, including in appeals from rate cases and from fuel adjustment clause (FAC)/purchased gas adjustment (PGA) reconciliation cases. Our attorneys have also successfully defended rate case orders against appeals by intervenors.

Procurement

Our attorneys have represented both suppliers and customers in negotiating numerous contracts for the supply and purchase of electric and gas service and gas transportation services.

Our firm has represented utilities and telecommunications carriers in legislative matters relating to regulation, restructuring and state taxation. One of our partners was a principal negotiator and draftsperson of Illinois' 1997 electric utility industry restructuring law and subsequent amendments and has also been involved in negotiating and drafting other, more focused legislative initiatives affecting electric and gas utilities.

Because of our national reputation in the energy industry, Schiff Hardin is often retained by out-of-state entities as special Illinois regulatory counsel on actual or potential transactions or other strategic initiatives involving projects or companies in Illinois. Our firm has been retained on a number of occasions, at times on a confidential basis, to advise out-of-state entities considering mergers, acquisitions, investments in or strategic combinations with Illinois utilities, or other energy projects in Illinois, with respect to Illinois legal and regulatory requirements and the Illinois regulatory, legislative and political climate.  We have also been retained by investment banks and fund managers to monitor and advise on regulatory and legislative developments in Illinois affecting major utilities and the energy industries.

Schiff Hardin is often retained by transaction parties, underwriters and lenders as special Illinois regulatory counsel on financing, asset purchase and other transactions to give advice on applicable regulatory requirements and on structuring transactions to avoid or comply with Illinois regulatory requirements. Our firm has given numerous opinions with respect to compliance with or absence of regulatory approval requirements (as well as on other non-regulatory local law matters) in such transactions.