ENERGY & PUBLIC UTILITIES
We represent major intrastate and interstate natural gas pipelines, investor-owned electric companies, retail electric providers, power generation companies, transmission and distribution utilities, and other energy and public utility industry participants.
DWMR is composed of some of the most well-known names in the market; they regularly appear before the Railroad Commission and the PUCT, representing most of the largest pipeline companies and investor-owned electric utilities in the state. On the regulated oil and gas side, the team covers the licensing and permitting aspects of everything from extraction to consumer usage. – Chambers USA
In 2011 and 2012, Chambers USA ranked DWMR as a top-tier firm for both electricity and oil and gas, among Texas firms with state energy regulatory law and litigation practices. Our representation of leaders in the energy and public utility industries since the late 1970s gives us a vast depth of understanding of the operation, financial, and legal details of these industries. This wealth of knowledge and the unrivaled depth of our legal team enable us to achieve outstanding results for our clients at an exceptional value in the areas of practice most critical to the energy and public utility industries: regulatory, litigation, appellate, commercial, environmental, and legislative.
Regulatory
DWMR represents energy companies in administrative proceedings before municipalities and a number of state and federal agencies. By working closely with our clients on a broad range of regulatory issues integral to their provision of services, operations management, and commercial transactions, we keep our energy clients abreast of developments in their areas of significant interest and assist with regulatory reporting matters, statute and code compliance, administrative violations, and policy-making proceedings.
Electric Industry
We represent our electric industry clients before municipalities, the Public Utility Commission of Texas, the Louisiana Public Service Commission, the Arkansas Public Service Commission, and the Federal Energy Regulatory Commission. Chambers USA ranked DWMR in Band 1 (top tier) in its Electricity category for Texas firms with state energy regulatory law and litigation practices.
Our attorneys were heavily involved in the many Public Utility Commission of Texas rulemakings and dockets that led to the transition to retail competition in certain areas of the Electric Reliability Council of Texas. DWMR now represents industry participants located in the “deregulated” areas of ERCOT as well as industry participants in areas outside ERCOT in which electric utilities continue to be vertically integrated. We have participated in the development of the competitive generation market in ERCOT and the transition of ERCOT from zonal to nodal and can assist clients navigating the ERCOT markets and protocols.
Our practice is primarily focused in Texas, but because our clients operate in multiple states and are in many cases subject to FERC jurisdiction, our practice has expanded to the public service commissions in the South and Southwest regions and to FERC.
Representative Matters:
- Traditional rate cases for investor-owned utilities
- Utility determination and transmission cost of service rate proceedings for transmission only-utility
- Transmission and distribution rate cases for unbundled electric utilities
- FPA Section 205 rate cases at FERC, including cost equalization cases for affiliated multi-state operating companies
- FERC proceedings concerning wholesale transactions and market power
- Fuel factor and fuel/purchased power cost reconciliation matters
- Energy efficiency cost recovery
- Storm cost recovery and true-up
- Stranded cost recovery and true-up
- Generation and transmission line (including high-voltage CREZ) Certificates of Convenience and Necessity
- Certification issues for retail electric providers and power generation companies
- Approval of sale of retail electric providers by holding company
- Rulemaking proceedings
- Approval of purchased power contract with affiliate
- Securitization of storm costs and stranded costs
- Reliability and service quality matters
- Agency investigations and enforcement matters
- ERCOT protocol issues, including complaints against ERCOT
- Wholesale and retail tariff disputes
- Multi-jurisdictional change in control proceedings for electric utility transitioning to Regional Transmission Organization
- Merger and acquisition approval proceedings
- Compliance due diligence for potential acquisitions of regulated interests
- Electric service to military installations
- Eminent domain and easements
Natural Gas
We represent our natural gas industry clients before the Railroad Commission of Texas, the Texas Commission on Environmental Quality, and the Federal Energy Regulatory Commission. Currently, the firm’s attorneys are involved in structuring transactions for development of the Eagle Ford Shale and the increased production from the Permian Basin as well as being on the forefront of the regulatory and legislative issues generated by shale development.
Representative Matters – Natural Gas and Hazardous Materials:
- Traditional rate cases for investor-owned distribution and transmission utilities
- Gas Reliability Infrastructure Program Adjustment (GRIP) proceedings
- Market-based rates
- NGPA Section 311 rates
- Natural gas gathering, processing, compression, transmission, and storage
- Eminent domain and easements
- Shale gas infrastructure for midstream operations
- Tariff administration
- Rulemaking proceedings
- Pipeline safety compliance
- Sales and acquisitions of companies or assets
- Pipeline permitting
- LNG terminal regulation
- Compliance due diligence for potential acquisitions of regulated interests
- Common carrier regulation
- Code of conduct compliance
- Customer complaints
- Investigations and enforcement actions
- Litigation and Appellate
We represent our energy clients in various types of civil disputes in both state and federal courts. DWMR’s lawyers also provide pre-litigation advice designed to reduce the threat of litigation. Additionally, firm lawyers have provided expert testimony in natural gas disputes.
DWMR’s appellate attorneys have experience challenging and defending agency rulings before district courts and appellate tribunals. We have experience in appeals from decisions of the Public Utility Commission of Texas and the Railroad Commission of Texas. In addition to representing parties in those agency appeals, we also routinely prepare amicus briefs in other appellate matters on behalf of non-party clients.
Representative Matters:
- Electric utility shareholder class action concerning Western energy market crisis
- Mandamus action addressing the interplay of state and federal regulatory jurisdiction
- State court class action concerning electric utility system resource planning, commitment and dispatch
- Gas transportation contract disputes
- Long-term electric transmission contract dispute
- Electric utility ratepayer class action involving request for refund
- Natural gas pipeline right-of-way disputes
- Electric utility condemnation actions
- Appeal to Texas Supreme Court from Public Utility Commission decision on quantification of stranded costs and other true-up balances
- Amicus brief in Texas Supreme Court case concerning eminent domain authority of pipelines
- Defense in Appeal of Railroad Commission decision granting formula rate tariff
- Appeal of Public Utility Commission order requiring interim refunds of excessive stranded costs mitigation earnings
- Amicus briefs in Texas Supreme Court proceeding relating to whether governmental entities are immune from condemnation proceedings
Commercial
DWMR’s corporate and transaction lawyers handle a variety of matters for the firm’s energy industry clients and for lenders to the industry, including contracting, financing, mergers and acquisitions, and other complex commercial transactions.
Environmental
DWMR’s environmental attorneys work extensively with the firm’s energy industry clients representing them before the Texas Commission on Environmental Quality and the Environmental Protection Agency in matters such as air, water and waste-water permitting, enforcement actions, environmental cleanup actions, the management and disposal of hazardous materials, Endangered Species Act issues, and other environmental regulatory proceedings. In addition, we perform environmental compliance due diligence in support of acquisitions or mergers involving the firm’s energy clients.
Legislation
DWMR’s attorneys actively participate in the Texas legislative process on behalf of the firm’s energy clients, by monitoring legislation affecting our clients’ interests, drafting proposed legislation and amendments to legislation on behalf of our clients, testifying before legislative committees, strategizing and coordinating with company lobbyists. The scope of our legislative work covers such issues as electric regulatory issues, renewable energy targets, eminent domain, state tax issues, pipeline safety and regulation, air quality, water quality, water supply, greenhouse gases, endangered species, and other industry specific and environmental regulatory issues, in general. Additionally, we assist our clients in implementing new federal and state law requirements. Having participated extensively in the legislative process, we are able to assist our clients in the implementation of new legislation at the regulatory agencies through the development of new regulations or policies.
