Practice Areas & Industries: Carlton Fields, P.A.

Practice/Industry Group Overview

Over the last decade, America's energy industry has literally been transformed. Vertically integrated monopolies no longer rule. Competition is the watchword. Gas production is deregulated. Access to electric transmission is open, with sellers and end users dealing directly with one another. Meanwhile, Congress, state legislatures, interest groups - - and our clients - - face continuing controversies over energy pricing, nuclear power, pipeline development, access to new energy sources, anti-trust, licensing, litigation, international concerns, and a host of environmental issues. At Carlton Fields, we understand the laws, politics, pitfalls, and opportunities that make up the business of energy -- and we help our clients take advantage of the new competition.

Services Available

The Firm's energy lawyers provide a wide range of legal services to large energy-related companies and public authorities, including electric, natural gas, and telecommunications firms. We represent such firms before state regulatory agencies and state and federal courts involving many practice areas, in particular:

• Administrative/Regulatory and Government Law
• Corporate, Securities & Tax
• Labor and Employment
• Litigation and Alternative Dispute Resolution
• Real Estate, Land Use and Environmental
• Telecommunications
• Appellate

Public Service Commission Representation

Our attorneys appear regularly before the Florida Public Service Commission in a variety of dockets, including, for example, investigations of regulated utilities, proceedings to determine the need for new power plants, prudence reviews, and other matters. In this connection, our attorneys interact on a regular basis with Commission technical and legal staff. Carlton Fields has handled numerous related court cases, as well, involving judicial review of Public Service Commission actions, rule challenges, public records act litigation, and other proceedings involving matters within the Commission's area of concern.

We are outside counsel for Progress Energy Florida on all significant, contested matters before the Florida Public Service Commission. Most recently, we have represented Progress

Energy Florida in its first full requirements rate case since 1992; a successful proceeding to obtain a determination of need for a 530 MW state-of-the-art electric power plant; disputes involving its relationship with cogenerators; several contested cases involving efforts by "merchant" plant developers to site plants in Florida; a Commission workshop concerning possible modifications to the Commission's bid rule; and an investigation into the adequacy of reserve margins in Florida.

In the context of the company's rate case, we have been called upon to address the appropriate regulatory treatment for Carolina Power & Light Company's acquisition of PEF's holding company and the resulting acquisition costs and merger synergies, a subject of growing importance in a rapidly changing industry.

We are also outside counsel for Tampa Bay Water which is a government agency that provides wholesale water to Hillsborough, Pasco and Pinellas Counties, and the cities of New Port Richey, St. Petersburg, and Tampa.

Our work requires frequent appearances before the full Florida Public Service Commission and interaction with its legal and technical staff. Through its work over the years, Carlton Fields has developed an excellent reputation as counsel before the Commission.

Water Supply and Management

A number of the Firm's members have extensive background with water supply and our attorneys appear regularly before the Florida Public Service Commission in a variety of dockets, including, for example, investigations of regulated utilities, proceedings to determine the need for new power plants, prudence reviews, and other matters.

We provide experienced, comprehensive regulatory, strategic and transactional services on complex legal issues facing the energy industry. The Firm has represented prior and current clients before local governmental and state and federal agencies dealing with zoning and permitting issues specifically relating to energy facilities.

We have gained vast experience in the energy-related area representing clients in a number of different areas, including litigation regarding contract and easement rights. Representation in this area has afforded our attorneys the opportunity to address a number of federal and state regulatory issues. This aspect of our representation has involved analyzing and interpreting regulations imposed by the Florida Public Service Commission. We have also worked with a number of city and county franchising authorities regarding numerous franchise and local ordinance issues.

Labor and Employment. Carlton Fields' litigation attorneys help resolve disputes including construction defects, property damage, personal injury, breach of contract, and worker safety under OSHA.

Contract Negotiation. Carlton Fields' energy lawyers have extensive experience in negotiating a broad array of contracts on behalf of its energy clients.

Environmental Permitting. Carlton Fields advises energy clients in all manner of environmental permitting, both with respect to new construction and ongoing maintenance activities. This advice involves application of both state and federal environmental laws including, but not limited to: state power plant siting acts, the Clean Air Act, the Clean Water Act, federal and state wetlands, tidelands and river protection acts, the Endangered Species Act, and pollution and hazardous waste requirements.

Project Development. Clients have relied on Carlton Fields in various phases of power plant project development, including negotiation of power purchase agreements, development stage analysis, facility siting, environmental and labor issues, project finance, EPC contracting, and downstream operations.

Development of Regulatory Strategy. The anticipated restructuring of the electric industry has created a need for energy clients to begin strategizing for the future. Carlton Fields' energy lawyers routinely provide counseling and advice to Firm clients contemplating their role in a competitive energy environment. This advice has ranged from the evaluation of tax consequences, to the development of strategies designed to ensure the viability of rural electric cooperatives, and consideration of new opportunities for power brokers/marketers.

Legislative Lobbying. Carlton Fields' Government Law Practice Group is available to provide the Firm's energy-related clients with legislative representation, if needed.

Tax Matters. Our tax attorneys have experience with utility/energy entities in the area of state sales tax.

Clients:
Gainesville Regional , Seminole Electric , Orion Power , JEA