Utilities Regulation

Kean Miller represents industrial consumers of power, independent power producers, telecommunications companies, and selected public utilities in proceedings before the Louisiana Public Service Commission.  Representation is also provided in certain proceedings at the Federal Energy Regulatory Commission, and in other state and federal agencies and courts.  Our clients include industrial users of energy, non-utility power producers, local and long distance telecommunications providers, natural gas distribution companies, water and sewer companies and intrastate oil and natural gas pipelines.  We provide advice to clients on electric contract disputes and rate cases, electric transmission access and regulation, the restructuring of the electric and telecommunications market, the development of electric power projects and related contractual negotiations, the negotiation of electric service agreements, state and federal regulatory compliance, obtaining of operating certificates and approvals of acquisitions and mergers.

Representative Electric Power and Utilities Experience:
  • Representation of the Louisiana Energy Users Group ("LEUG"), an unincorporated association of manufacturing, refining, and/or related business operations located in Louisiana since its organization, over 25 years ago.  Besides representation of LEUG in major energy dockets before the LPSC and in dockets before the Federal Energy Regulatory Commission ("FERC"), we have provided extensive representation and advice to industrial and generation developers on retail issues, as well as state and federal electric power issues impacting proposed power projects.

  • Representation of Jefferson Davis Electric Cooperative before the Louisiana Public Service Commission ("LPSC") and in federal court in contract disputes with wholesale power providers.

  • Representation of Dixie Electric Membership Corporation before the LSPC in matters concerning the adoption of a formula rate plan and recovery of storm costs.

  • Representation of Greater Ouachita Water Company, Town & Country Service Co., Evangeline Gas Co., South Coast Gas Company, Pierre Part Natural Gas Co., and Shell Pipeline Co. in rate increase cases filed at the LPSC for the last decade.
  • Representation of major oil and gas manufacturer in the negotiation and drafting of agreements required for the construction and operation of a co-generation facility on the property of a major utility company.

  • Kean Miller also has provided advice and obtained LPSC orders regarding the jurisdictional status of cogeneration projects, including:
    • Occidental Chemical Company (Order No. U-24192 and Order No. U-24192-A)
    • Texaco Power and Gasification Global, Inc. and Teco Power Services Corporation (Order No. U-25457)
    • Energy America L.L.C. of Michigan and Orion Refining Corporation (Order No. U-26054)
    • Bayou D'Inde Cogeneration, L.L.C. / Energy America (Order No. U-26139)
    • Triad Nitrogen, L.L.C. (Order No. U-26140) relating to the construction of cogeneration facilities in Louisiana
    • Lake Charles Cogeneration L.L.C. ((Special Order No. 49-2004) LPSC Docket U-28031)

Alternative Energy Projects:

  • Kean Miller served as local counsel for a Liquified Natural Gas (LNG) regasification receiving terminal in Cameron Parish, Louisiana.  The facility will process 2.6 billion cubic feet per day.  Kean Miller represented the lenders in the transaction as Louisiana real estate counsel, Louisiana energy regulatory counsel, and Louisiana and federal environmental counsel.
  • Representation of Agrilectric Power, the United States' leading operator of rice hull combustion power plants, which utilize an environmentally-friendly biomass waste product, rice hulls, to produce energy.

Litigation and Negotiation:

  • Negotiation and litigation of matters involving power service to Louisiana petrochemical and manufacturing facilities.

Areas of Expertise:

  • Advice to clients on the restructuring of the electric and telecommunications markets, the development of electric power projects and related contractual negotiations.
  • Negotiation of electric service agreements, state and federal regulatory compliance, obtaining of operating certificates and approvals of acquisitions and mergers.
  • Advise and participate in the negotiation of power service agreements, lease agreements, and operating and maintenance agreements, for electric power projects.
  • Representation of clients in the interconnection process with the incumbent electric service provider.
  • Representing clients in connection with applications with the FERC to obtain Qualifying Facility Status for cogenerators.
  • Representation of client in connection with on-site generation projects, related contracts and regulatory issues.

Kean Miller is also recognized for its ability to handle the myriad of issues facing telecommunications providers in Louisiana including certification, tariff filings, reporting and regulatory compliance, informal and formal complaint proceedings, negotiation and arbitration of interconnection agreements, merger approvals, rulemaking and ratemaking proceedings, and class action litigation defense.