James W. McTarnaghan

James W. McTarnaghan

James W. McTarnaghan has more than 20 years of experience addressing regulatory and business issues involving the energy and telecommunications industries at both the state and federal levels. Since moving from Washington, D.C. to California in 1995, Mr. McTarnaghan has been an active participant in many of the key proceedings on energy and telecommunications matters at the California Public Utilities Commission.

In his energy practice, Mr. McTarnaghan has represented a wide range of clients, including utilities, municipalities, large consumers, developers and land owners before the Federal Energy Regulatory Commission, the California Public Utilities Commission, and other state utility commissions in proceedings related to utility rates, industry restructuring rulemakings, affiliate transactions and corporate transfers of control, and mergers. He regularly provides counsel to clients regarding supply and procurement of natural gas and electricity, transmission, gas transportation and storage arrangements.

As the importance of climate change issues continues to grow in the United States and the world, Mr. McTarnaghan has matched his passion on this issue with an increased focus in his practice on renewable energy issues and projects. Mr. McTarnaghan has represented clients in policy proceedings and various project finance, regulatory incentives, LEED Certification, and transmission corridor issues related to such energy sources. Mr. McTarnaghan was instrumental in the formation of the Duane Morris Renewable Energy and Sustainability Group in which attorneys from various disciplines have combined their skills to address specific issues of crucial importance to the developing market.

In telecommunications, Mr. McTarnaghan has represented participants in the wireless telephone industry as well as newer broadband technologies such as VoIP in rulemakings and adjudicatory proceedings before the California Public Utilities Commission and the Federal Communications Commission. He has also counseled clients on contract negotiation, regulatory compliance matters, interconnection, privacy, numbering and number portability, mergers, and consumer protection standards.

Mr. McTarnaghan served as President of the California Conference of Public Utility Counsel from 2005 to 2006 and in various Board positions since 2001. He also served as a co-chair of the Northern California chapter of the Federal Communications Bar Association for several years.

Admitted to practice in California and the District of Columbia, Mr. McTarnaghan is a 1983 graduate, with honors, of the National Law Center at the George Washington University and a magna cum laude graduate of the State University of New York at Albany.

Areas of Practice

· Renewable Energy and Sustainability

· Telecommunications

· Regulatory Law

· Energy and Resources

Representative Matters

Energy and Environmental

· Represent coalition of large industrial users in state level electric and natural gas rate and policy proceedings and in related litigation.

· Extensive experience in administrative proceedings at the Federal Energy Regulatory Commission, the California Public Utilities Commission, the New York Public Service Commission, and the Public Utilities Commission of Nevada on natural gas and electricity issues.

· Advised municipal utilities on organizational issues and represented such entities in FERC proceedings.

· Represent a natural gas local distribution company in a wide variety of FERC proceedings including pipeline rate cases, take-or pay disputes, and unbundling proceedings.

· Represent natural gas gatherers in proceedings related to jurisdictional status of facilities.

· Represent electric utilities on various transmission, reorganization, and rate issues and proceedings.

· Represent municipal utility in the sale of a geothermal facility to a private entity.

· Advise private equity funds on acquisition, disposition and operation of California utility assets.

· Obtain regulatory approval for utility financing and coordinate regulatory requirements with corporate counsel.

· Provide regulatory compliance advice on transactional documents related to regulatory compliance.

· Counsel companies on compliance with regulatory obligations.

· Represent natural gas storage company in policy proceedings at the California Public Utility Commission and in numerous transfer of control proceedings.

· Advocate for entrants into competitive electric and natural gas markets in wide variety of proceedings concerning the unbundling of services and restructuring of California energy markets.

· Organized and represented large coalition of entities advocating affiliate transaction rules in competitive market places.

· Represent multi-state natural gas local distribution company on a wide range of issues pertaining to California operations, including rate and policy proceedings.

· Obtain Certificates of Public Convenience and Necessity from the California Public Utilities Commission for new and expanded facilities.

· Active participation in merger and transfer of control of energy utilities at the FERC and state levels.

· Represent real estate developers on energy-related issues including transmission routing, substation placement, and energy procurement.

· Prepare environmental documents under CEQA and review and comment on Draft EIRs prepared for projects with potential impact to clients.

· Obtain environmental, siting and operational permits from various California agencies related to energy production and utility operations.

· Significant advocacy on energy issues at the California Public Utilities Commission and other agencies.

Renewable Energy, Climate Change and Sustainability

· Advise international solar energy company on United States and California regulation and tax incentives.

· Draft and negotiate contracts related to the sale of renewable energy to utilities and the operation of renewable facilities.

· Conduct due diligence on proposed acquisition of waste-to-energy facilities.

· Active participation in policy proceedings related to the California Solar Initiative and implementation of AB 32.

· Represent clients in transmission certificate proceedings on need and CEQA compliance for wind power transmission access.

· Counseled commercial entities on energy efficiency, development of renewable energy in partnership, and "green" building LEED certification.

· Counseled developer on proposed coal gasification project and acquisition of existing utility facilities.

· Represent natural gas storage provider in Greenhouse Gas proceedings before the California Public Utilities Commission.

· Advise clients on federal and state incentives for renewable energy and fuel and monitor federal and state legislative actions related to such incentives.

· Represent municipal owner of geothermal facility in sale of facility.

· Advised developer of biomass facility and solar farm on regulatory and environmental matters.

Telecommunications

· Served as outside counsel to association of all wireless carriers in California on a broad array of policy, regulatory and legislative matters.

· Defend wireless carrier in an audit proceeding related to number utilitization.

· Represent telecommunication carriers in area code relief proceedings and in policy matters related to overlays at the Federal Communications Commission and the California Public Utilities Commission.

· Represent association and individual carriers in rulemakings addressing consumer protection on wireless terms and conditions.

· Advised clients on changes proposed in Universal Service proceedings.

· Defended large wireless carrier in regulatory investigation of contractual provisions and consumer sales operations.

· Advocated industry positions to the California Public Utilities Commission and the California legislature.

· Represent large long distance carrier in abandonment of service and transfer of customers within California related to national merger.

· Advised entities developing VOIP and broadband services.

Professional Activities

· California Conference of Public Utility Counsel
- President, 2005-2006
- Vice President, 2004-2005
- Member of Board of Directors, 2001-2004

· Energy Bar Association

· Federal Communications Bar Association
- Co-Chair, Northern California Chapter, 2002-2006

· American Bar Association

· The District of Columbia Bar

· State Bar of California

Experience

· Steefel, Levitt & Weiss, San Francisco
- Shareholder, 2003-2006

· Goodin, MacBride, Squeri, Ritchie & Day, San Francisco
- Partner, 1998-2003

· Wright & Talisman, Washington, D.C. and San Francisco
- Partner, 1993-1998
- Associate, 1990-1993

· Duncan & Allen, Washington, D.C.
- Associate, 1988-1990

· White, Brenner & Feigenbaum, Albany, New York
- Associate, 1983-1988

· Duane Morris LLP
- Partner, 2006-present

Honors and Awards

· Featured in an article in the George Washington University Law School alumni magazine, "Class Reunion," Spring 2007

Selected Publications

· Co-author, "DOE and Treasury Announce Availability of $2.3 Billion in ARRA Tax Credits for Investments in Qualifying Advanced Energy Projects," Duane Morris Alert, August 21, 2009

· Co-author, "DOE and Treasury Actions Open the Gate for the Flow of Renewable Energy Stimulus Package Funds," Duane Morris Alert, August 5, 2009

· Author, "Crucial Policy Drivers: From Local To Federal," Solar Industry 2009 Show Bulletin, July 2009

· Co-Author, "U.S. Treasury and Department of Energy Provide Eagerly Awaited Details on Cash Grants in Lieu of Electing Investment Tax Credit for Specified Energy Property," Duane Morris Alert, July 10, 2009

· "Moving Toward a Greener Tomorrow," Counsel to Counsel, July/August 2009

· Co-Author, "IRS Issues Guidance on Electing Investment Tax Credit in Lieu of Production Tax Credit for Specified Renewable Energy Property," Duane Morris Alert, June 15, 2009

· Co-Author, "Navigating the Ever-changing Currents of the US Renewable Energy Market," Financier Worldwide Magazine, May 2009

· Co-author, "California Leads the Way on Cap and Trade - Will the Nation Follow?" Duane Morris Alert, December 19, 2008

· "The Sun Will Continue to Shine on Renewable Energy: A Surprise Ending to the Renewable Energy Tax Credits Debate," Duane Morris Alert, October 6, 2008

· "Carbon Policy: In the Absence of Federal Legislation, California Announces Aggressive State-Level Carbon Strategy," The Environmental Counselor, October 2008

· Quoted in a profile of Duane Morris' Energy Practice, Law 360, September 11, 2008

· "Going Green to the Extreme," Successful Dealer, August 2008

· Quoted in "Traveling the Green Road," Successful Dealer, August 2008

· Guest Columnist, "California's Aggressive State-Level Carbon Strategy," Energy Law 360, July 11, 2008

· "Carbon Policy: In the Absence of Federal Legislation, California Announces Aggressive State-Level Carbon Strategy," Duane Morris Alert, June 30, 2008

· "'The Little Tax Credits That Could': The Ongoing Saga of the Renewable Energy Tax Credits," Duane Morris Alert, May 27, 2008

· "Hark...2007 Energy Legislation Signed into Law! But Who Got the Good Toys?" Duane Morris Alert, December 21, 2007

Selected Speaking Engagements

· Speaker, "Baby Steps to Address a Giant's Footprint: An Overview of U.S. Carbon Policy at Federal, Regional and State Levels," EUEC 2009, Phoenix, Arizona, February 1, 2009

· Speaker, "Structuring Global Warming & Green Business Practice Groups," Environmental Law Section of the Bar Association of San Francisco, April 17, 2008

· "The Long and Winding Road: The Legislative Journey of the Energy Security and Independence Act of 2007 and Ongoing 2008 Activities," Energy Bar Association, Washington, D.C., February 25, 2008

· "The Ups and Downs of the Energy Security and Independence Act of 2007: What Happened and Who Won?," West Legalworks Seminar, January 31, 2007

· Speaker, 2007 Annual Conference of the California Communications Association (CalCom), Santa Barbara, California, March 11-14, 2007

· Speaker, "Structure and Negotiation of Key Project Documents," Renewable Power Project Finance: The Tutorial seminar, Austin, Texas, December 11-13, 2006

· Speaker, "Feed-in Tariffs and Government Support," Green Power's Thin Film Solar Conference, San Francisco, California, April 28, 2009

· Organizer and moderator, annual MCLE Procedural seminar for the Conference of California Public Utility Counsel (CCPUC), San Francisco, California, June 6, 2006.

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