Practice Areas & Industries: Lewis and Roca LLP

Operating a business in the 21st century presents unique challenges for utilities. These challenges are compounded in the Southwest by such issues as scarce water resources, vast areas of public lands owned and controlled by state, federal, Tribal and other governmental agencies and a unique, arid environmental setting. Lewis and Roca has one of the region’s most capable Energy, Telecommunications and Utilities Practice Groups, which provides comprehensive experience assisting utilities, developers and industrial users with energy, communications and water resources concerns unique to our dynamic, fast growing region. We understand the needs of clients in a wide range of industries and jurisdictions.

 

We know that our clients have one ultimate concern – the cost effective operation of their businesses in a complex, highly regulated business environment. Issues concerning federal, state, and local laws and regulations often involve complex, highly visible and emotionally charged issues with long-term consequences for companies and their future. In addition to years of legal experience, our team of lawyers has extensive practical experience in both business and government, which helps us identify the best strategies to combine compliance and competitiveness.

Lewis and Roca represents companies developing and building alternative energy facilities including utility scale renewable generation plants. We also represent large industrial and commercial users in developing distributed generation facilities. Our work in this area has included due diligence associated with selecting facility locations, regulatory approvals at the Arizona Corporation Commission, Arizona State Siting Committee, various municipal governments and other state agencies. We have advised these clients in negotiating contracts with third party lenders and securing water rights necessary for these facilities. We have also worked with these clients to insure the continuation of favorable tax and other state incentives for the development of alternative power. We have been involved in advising clients on the application of the Arizona Corporation Commissions Renewable Energy Portfolio Standards.

 

 

Whether seeking advice regarding permits, compliance, enforcement, contract negotiations, litigation or agency relations and rulemakings, the breadth of the firm’s overall practice provides our clients access to a wide range of legal experience. Our tort and insurance lawyers are experienced in all aspects of insurance coverage litigation, including coverage disputes involving environmental claims and toxic chemical liability issues. Our bankruptcy practitioners offer advice concerning the effects of bankruptcy on both business and environmental issues. Our labor and employment lawyers are available to counsel clients regarding workplace compliance, such as exposure to toxic and environmental hazards. The firm’s government relations group assists clients at the federal, state and local levels in complying with and shaping the environmental, and natural resources laws and regulations that govern your business environment.

 

 

Lewis and Roca represents energy companies in regulatory and transactional matters, including power plant and transmission line siting, resource planning, renewable energy development, purchase power agreements, purchase and sale of energy providers, commercial contract negotiations and rate making. Our lawyers focusing in this area work closely with colleagues involved in the firm’s corporate, governmental relations, environmental and natural resources practices.

 

On numerous occasions, we have represented companies before the Arizona Power Plant and Transmission Line Siting Committee in siting power plants and both intrastate and interstate transmission lines. We also represented an Arizona-based electric utility in acquiring the regulatory approvals necessary to purchase another Arizona electric and gas utility.

 

In addition to working with traditional energy utilities, our lawyers are also active in the renewable energy area, for example, in the siting of the first large solar plant in Arizona. As part of this activity, we counseled our client on the interpretation and application of the new Arizona Renewable Energy Standards and proposed Net Metering Standards.

 

While we primarily represent investor-owned utilities and merchant power providers, we have also represented large industrial customers and commercial developers in negotiating and drafting energy and infrastructure agreements, most recently involving commercial scale distributed generation facilities.

 

 

Lewis and Roca’s service to national and regional telecommunications clients involves regulatory and rule making proceedings before state commissions, cell tower initiatives and ordinance related work for the wireless industry, and litigation in state and federal courts. Our representation includes regulatory work for landline telecommunications providers, Inmate Operator Service Providers (IOSPs), and national and regional wireless companies.

 

In New Mexico, the firm’s work has been primarily in support of wireless carriers, and has included work at the Public Regulation Commission and litigation in both state district court and federal district court, mostly involving provisions related to the Telecommunications Act of 1996 and cell tower ordinances. Recent initiatives at the state commissions have involved education and technical aspects of area code splits, truth in billing and access reform/Universal Service Fund initiatives.

 

 

Lewis and Roca represents water companies in regulatory and transactional matters, including applications for Certificates of Convenience & Necessity; environmental compliance; power acquisition strategies; purchase and sale of water utility assets; negotiation of main extension agreements for new subdivisions; rate case filings before the Arizona Corporation Commission; and commercial contract negotiations. Our lawyers focusing in this area work closely with colleagues involved in the firm’s corporate, governmental relations, environmental and natural resources practices. We have formed, and obtained regulatory operating authority for dozens of new private water companies.

Currently we are involved in representing the largest water improvement district in Arizona in connection with an aggressive expansion program, through annexation and the purchase of existing private water utility assets. While we primarily represent developer-owned utilities, we have also represented municipal utilities in negotiating and drafting water and wastewater infrastructure agreements. Because we have substantial experience in representing developers in connection with their negotiations with water utilities, we bring a full understanding of both sides of such negotiations to bear for each client we represent.

 

Laws and regulations affect every aspect of our business environment and shape how we conduct our daily business affairs. Federal, state, Tribal and local environmental, water, utilities, mining, public land and other natural resources laws and regulations are complex, interrelated, frequently changing and often contradictory. Lewis and Roca’s environmental and natural resources lawyers work in partnership with you adopting a practical business approach with an in-depth understanding of the impact these laws and regulations have on your business and your industry. Our balanced approach combines aggressive representation of our clients with the timely delivery of practical, effective legal services.