- Certificate of public convenience and necessity or good standing applications for incumbent utility projects, merchant electric transmission projects, common carrier pipelines, and telecommunications carriers
- Annual Illinois Power Agency electricity procurement plan proceedings
- Requests for approval of utility and telecommunications carrier financial transactions, including mergers, acquisitions, and “reorganizations” under the Public Utilities Act; asset sales; financings; and agreements and other transactions between affiliates.
- Electric utility, gas utility and telecommunications carrier rate cases (for telecom carriers, both traditional and TELRIC)
- Construction cost and prudence audits and investigations for electric and gas utilities
- Arbitration of telecommunications carrier interconnection agreements, approval of negotiated interconnection agreements and other inter-carrier agreements, and litigation of disputes between telecommunications carriers
- Complaint cases, investigations, and rulemakings and other “generic” proceedings involving all regulated industries
Appeals of ICC Orders
Schiff Hardin has extensive experience representing regulated companies in appeals of ICC decisions. We have obtained reversals of ICC decisions on behalf of our clients in numerous cases. We have also successfully defended appeals of ICC decisions that provided the results our clients sought.
A Strong Foundation in Legislative Activities
One of our partners was a principal negotiator and drafter of Illinois’ Electric Service Customer Choice and Rate Relief Law of 1997, which restructured the State’s electric utility sector and introduced customer choice. He was also involved in negotiating and drafting the 2007 Illinois Power Agency Act and related Public Utilities Act amendments, which established the Illinois Power Agency and the electricity procurement processes it oversees, and also established Illinois’ Renewable Portfolio Standard. Additionally, Schiff Hardin has been involved in negotiating and drafting amendments to Illinois tax statutes applicable to energy industry participants. On an ongoing basis, we provide advice on Illinois legislative matters to energy industry clients, including critiquing and providing drafting assistance for proposed legislation impacting their interests.
Regulatory Advice on Proposed Transactions and Other Strategic Initiatives
Schiff Hardin is frequently retained by energy industry and financial market participants, including companies located outside Illinois, to:
- Advise them on Illinois regulatory requirements and risks of proposed transactions and other strategic initiatives under consideration, including on structuring transactions in light of Illinois regulatory requirements
- Provide transaction opinions on compliance with or non-applicability of Illinois regulatory requirements
- Monitor, report and provide advice on regulatory proceedings, legislation or other regulatory developments potentially impacting their activities and investments.
Strong Multi-State Experience
We have extensive experience in providing energy industry clients with multi-state regulatory strategy services, as well as experience representing electric and gas utilities and other energy industry participants before state regulatory agencies and in state court proceedings. This regulatory commission experience includes proceedings before utility regulatory commissions in Colorado, Massachusetts, Maryland, Nevada, New Hampshire, New York and Texas. Recent representations in some of these jurisdictions have included:
- Defending an energy provider in a state regulatory proceeding challenging energy rates
- Representing an energy provider in a state regulatory proceeding concerning the jurisdiction of the state regulatory body to regulate an interstate cooperative
- Representing an energy provider appealing rate determinations of the public service commission
- Representing an entity in connection with the application of state reliability rules
- In multiple states, counseling clients regarding the application of public utility rules