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Overview

Our Energy and Utilities group has grown from go-to counsel in Ohio to a valued provider of energy industry legal services throughout the Midwest. We have successfully resolved many of Ohio’s most significant utility cases and have added to that foundation by expanding our services footprint to include Indiana and Illinois, and beyond. With virtual hearings becoming the norm, we are no longer as constrained by state lines, which allows us to actively participate before several state commissions. The experience Calfee’s team brings to a utility matter is considered to be unmatched by our clients and includes decades of in-the-trenches litigation and negotiation experience. There is a reason our clients have trusted us with their multi-billion-dollar regulatory litigation.

We understand that the ability to negotiate and bring people together, with a deep understanding of policy objectives and political limitations, is an essential skill in the regulatory world. Public utility proceedings are unique in that they involve all of the issues of traditional litigation – demanding counsel with experience in litigating major cases and deep subject-matter knowledge – while also requiring a host of interactions with governmental authorities and an appreciation for policy-driven outcomes. Indeed, utilities must be conscious of the potential impact litigation may have on commission staff, local governments and potential legislative involvement. Calfee’s knowledge and expertise in this area allow us to be a full service provider, structured and operated in a manner that recognizes that utility issues significantly impact the public and, therefore, have fundamental governmental implications.

Our state regulatory clients include some of the nation’s largest electric utilities, an independent transmission company, and Ohio’s largest municipal electric utility, as well as investor-owned and municipal water and sewer utilities, natural gas distribution utilities, local telephone and cellular telecommunications carriers, brokers, and select industrial customers.

We represent clients before state utility commissions in rate proceedings, territory expansion, rulemaking and complaint proceedings, merger approvals, and restructuring proceedings, among others. We represent interested parties before the Ohio Power Siting Board in facility siting reviews.

Noteworthy

U.S. News – Best Lawyers® “Best Law Firms” Rankings

Calfee was selected for inclusion in the 2023 "Best Law Firms" rankings by U.S. News – Best Lawyers in Energy Regulatory Law (Regional Tier 1 Cleveland) and Energy Law (Regional Tier 2 Cleveland).

Professionals

Experience

Experience

  • Representing electric utility seeking Public Utilities Commission of Ohio approval of multi-billion-dollar electric security plan under R.C. 4928.143 or market rate offer under R.C. 4928.142.
  • Representing gas utility client before Illinois Commerce Commission in a rate proceeding, receiving Illinois’ first ever order approving gas energy efficiency program.
  • Developed multi-state multi-year rate case strategy for a regional public utility.
  • Representing electric utility in proceedings seeking approval of $250 million Energy Efficiency and Peak Demand Reduction Portfolio Plans mandated by Ohio law.
  • Representing competitive retail electric service provider in proceedings challenging terms of electric utilities’ electric security plans and contesting an electric utility’s need to construct a solar facility to satisfy alternative energy portfolio standards.
  • Assistance in the drafting of legislation authorizing securitization of utility regulatory assets, and representation in regulatory proceeding authorizing an electric utility to securitize its regulatory assets.
  • Obtaining state regulatory commission approval that allowed incumbent carrier to withdraw mandatory yet uneconomic services, saving the utility millions annually.
  • Successfully litigated utility tax overcharge for municipal taxes at the state regulatory commission.
  • Representing national environmental organization before Ohio Power Siting Board regarding the construction of a natural gas-fired power station adjacent to wetlands.
  • Representing and counseling in merger approval proceedings before state utilities commission.
  • Representing utility clients before city councils and planning agencies and providing advice and counsel in respect to use of city rights of way.
  • Representing of utility clients in rule-making proceedings.
  • Representing Ohio political subdivisions before Ohio Power Siting Board regarding the construction of a natural gas pipeline through the political subdivisions.
  • Representing municipal governmental aggregation communities involving over 1 million customers.
  • Representing utilities before state commissions in rate case proceeding, responsible for overall prosecution as well as rate design and recovery of physical security expense.
  • Representing utility client in contested matter achieving reversal of $25 million rate base ruling in rate case proceeding. Primarily responsible for rate design and the recovery of costs associated with securing/hardening facilities.
  • Representing national home utility services provider in six Midwestern states

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"Calfee, Halter & Griswold is my go-to law firm, in an emergency as well as for longer-term strategic planning. Jim Lang is a consummate professional, an excellent trial lawyer, and the state's best public utility regulatory lawyer. Their team always gets the job done quickly and efficiently and helps develop creative and effective strategies." 

– Calfee client, as reported by U.S. News – Best Lawyers® “Best Law Firms” rankings report

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