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Utility & Energy

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The Firm's Public Utilities Practice Group consists of 10 attorneys who practice extensively in the area of public utility law. While the primary focus of this practice group is the regulation of utilities in Kentucky, it also participates in general and commercial litigation, transactions, employment issues, securities issues and mergers and acquisitions involving utilities.

Three members of the Practice Group have over 25 years experience practicing public utilities law. This includes the representation of clients before the Kentucky Public Service Commission, the Federal Energy Regulatory Commission, the Federal Communications Commission, and other state and federal regulatory bodies, as well as before federal and state trial and appellate courts. Such matters typically include rate adjustments, transfers of control, financing and construction applications, and consumer complaint proceedings. Representative types of clients include combination gas and electric utilities, natural gas local distribution utilities, water utilities, telecommunications carriers, municipal utilities, electric cooperatives, energy marketing companies, and industrial purchasers of energy and telecommunications.

Experience and Representative Engagements:

• Serving as lead counsel nationally obtaining the approval of a merger involving the largest water company in the United States

• Serving as co-lead counsel obtaining approval of the settlement of a $100 million annual rate increase for two affiliated energy companies

• Representing numerous competitive telecommunications carriers, including CLECs and inter-exchange carriers, on matters of market entry, inter-carrier relations, interconnection disputes, compliance and legislative affairs

• Successful defense of antitrust and state law rate claims in federal action brought against two nationwide providers of interexchange service

• Serving as lead counsel obtaining a favorable decision of the Kentucky Supreme Court interpreting certified territory statutes for electric utilities

• Serving as lead counsel in an initial public offering of stock for a gas utility and in numerous debt and equity securities offerings thereafter for the same company

• Negotiation and drafting of agreements for jointly owned electric generating plants between investor-owned and cooperatively owned utilities