Merger of Multi-state Non-profit Electrical Cooperatives
Dinsmore served as counsel with respect to the merger of two non-profit electrical cooperatives providing electrical services to more than 40,000 members in Kentucky and Tennessee and provided assistance with obtaining associated regulatory approvals.
Advice regarding Establishment and Operation of Natural Gas utility (Gas/Water/Sewage)
We represented a Generation & Transmission (G&T) electric utility in two rate cases. Our representation commenced while the utility was in difficult financial straits, and through our efforts, we helped the utility secure sufficient revenues to ensure its continued viability and the continued provision of safe, reliable, and reasonable service to its customers. Throughout this representation, we interfaced heavily with the staff at the Kentucky Public Service Commission and other stakeholders in the litigation.
Access Reform (Telecommunications)
Certificate of Public Convenience and Necessity in Contested Case Involving Construction of Additional Water Supply Facilities
Certified Territory Dispute (Electric)
Dispute Over Jurisdictionality of Mobile to Landline Calls
Negotiation and Arbitration of Interconnection Agreement (Telecommunications)
Pre-Bid Due Diligence
• Regulatory approvals for change in ownership or control of utilities;
• Regulatory approvals for financing applications;
• Regulatory approvals for obtaining certificate of public convenience and necessity;
• Renewable energy contract review;
• PSC and OSHA complaints;
• Utility supply and vendor contracts;
• Utility tariffs;
• Regulatory review of rate-affecting issues;
• Fuel Adjustment Clauses;
• Pollution Control Bond change in control;
• Cost recovery of capital expenditures for pollution control equipment and renewable energy projects;
• Environmental surcharges;
• Projecting future impact of greenhouse gas regulations;
• Title V air permits;
• Environmental contamination and compliance issues associated with ongoing operations;
• Disposal of coal combustion by-products;
• General environmental regulatory compliance;
• State and local taxation;
• Real estate and operating leases;
• Franchises, rights-of-way, permitting, planning and zoning, and eminent domain;
• Retail operations review;
• Wholesale electric supply agreements;
• Gas pipeline regulatory issues; and
• Legislative, policy, and strategic planning advice.
Regulated Utilities and Alternative Fuels
Having represented regulated utilities before approximately 20 state utility regulatory commissions, Mr. Depp has experience across the spectrum of the telecommunications, electricity, water, natural gas, and sewage industries. In addition to his utility work, Mr. Depp also has experience advising clients with respect to matters involving alternative fuels such as biodiesel and ethanol. Representative examples of Mr. Depp’s utility and alternative fuels experience include the following.
- Representing a large aluminum smelter in its efforts to move from the certified service territory of an electric cooperative to that of a large electric utility.
- Representing twelve rural ILECs in the negotiation and arbitration of interconnection agreements with CMRS carriers.
- Representing an ILEC in its efforts to obtain a rate increase under traditional rate of return regulation.
- Representing an ILEC in its efforts to obtain access to the utility poles of an electric utility under rates, terms, and conditions identical to those available to cable television companies.
- Representing a CMRS carrier in its efforts to obtain numerous certificates of public convenience and necessity from local planning units and utility regulatory commissions.
- Representing a start-up company in its efforts to establish a wind farm for purposes of generating electricity for transport and sale.
- Representing a start-up company in its efforts to use landfill gas to generate electricity for transport and sale.
- Representing a water utility in its efforts to implement efficient solutions to a regional water crisis and discourage another water utility's plans to construct a new water treatment plant.
- Representing a CLEC in the negotiations and arbitration of an interconnection agreement to open effective competition in the 911/E911 services market in Kentucky.
- Reviewing, negotiating, and effectuating wireless license transfers.
- Representing 7 ILECs in a regulatory proceeding to determine whether a transit tariff is lawful.
- Representing a condominium association in an effort to compel appropriate service by a sewage utility.
- Negotiating on behalf of manufacturing operations in securing electricity, gas, steam, and telecommunications services.
- Representing a CLEC before the United States Court of Appeals for the Sixth Circuit regarding the opt-in provision of the Telecommunications Act of 1996.
- Representing wireline and wireless carriers in their efforts to obtain eligible telecommunications carrier status.
- Advising wireline and wireless carriers regarding regulatory compliance issues such as those relating to customer proprietary network information.
- Advising a wireless carrier as it launches new products and services.
- Advising clients with respect to proposed legislation affecting utility operations and regulatory obligations.
- Advising utilities with respect to state and local taxation issues.
- Responding to FCC investigations and informal consumer complaints.
- Negotiating and closing asset purchase agreements between regulated utilities, as well as securing necessary regulatory approvals for the same.
- Obtaining regulatory approvals for regulated utilities seeking to construct new plant and/or take on new financing.
- Responding to numerous state utility regulatory commission investigations and inquiries regarding regulatory obligations and/or customer complaints.
- Reviewing, revising, and filing tariffs.
- Representing an alternative fuel manufacturer in discussions with the Kentucky Dept. of Agriculture and the National Biodiesel Board.
- Advising an ethanol manufacturer with respect to regulatory and utility-related issues associated with a contemplated manufacturing plant.