Bob represents businesses with respect to antitrust, competition and economic regulation matters. Electric utilities retain him with respect to state and federal public utility regulation, antitrust law and related power system franchise and commercial matters, including the joint development, ownership and operation of generation and transmission assets among competing utility systems. Bob's practice embraces counseling and compliance, regulatory audit defense as well as negotiation and litigation. His experience ranges from the legal ramifications of the cost and regulation explosion of the 1970's, through the gamut of restructuring efforts and alternative market structures of the 1990's and 2000's, to the present efforts to develop new and to retrofit existing generation and transmission assets under complex ownership and regulatory imperatives. Representative Experience Regulated Industries Representation of energy companies and public utilities concerning antitrust, public utility regulation and related commercial negotiations, state and federal administrative practice and litigation. Responsible for negotiating co-owner agreement necessary for the expansion of a nuclear generation station. Representation of public utilities and energy companies with respect to competition, deregulation, and diversification matters, project development and mergers and acquisitions. Responsible for developing and implementing integrated regulatory and antitrust strategies to effectuate business reorganizations, acquisitions, and expansions, including combination of a major Midwestern utility with major energy marketer, merger of Southwestern utilities, Southeastern utility system divestiture of major independent energy affiliate, development of new generating companies, development and divestiture of an independent transmission company, and negotiation and administration of co-ownership arrangements with respect to bulk power assets. Responsible for development of a pseudo control area coordination agreement between a major Southeastern utility and a large wholesale customer group embedded within its control area. Regulatory engagements include alternative energy project development and relations between traditional utilities and alternative energy providers, energy trading compliance and transmission service compliance. Antitrust Representation of public utilities and energy companies in antitrust cases, including representation of an electric utility in a successful challenge to municipal power system tying practices, and representation of a major energy marketer and public utility with respect to California electricity crisis litigation. Representation of major electric utility system in successful defenses of Sherman act section one and two claims brought by an independent power producer, monopolization claims brought by a wholesale customer concerning federal power marketing, monopoly leveraging challenges to energy services diversification by a public utility, and regulatory defense of allegations of violations of transmission access requirements. Representation of a major electric utility in competition litigation and administration of territorial regulation. Telecommunications Representation of major utility system concerning telecommunications diversification, including the formation and operation of a regional digital commercial mobile radio service carrier. Power System Development Representation of electric utilities in regulatory, commercial and labor matters pertaining to nuclear, fossil and hydroelectric operations, including commercial disputes pertaining to nuclear operations, negotiation and implementation of multi-owner agreements for the ownership and operation of major fossil, hydro and nuclear generating plants, including expansion of existing co-owned nuclear plant to accommodate additional units. Representation of utility systems in RTO development efforts and RTO relationship issues. Employment Matters Representation of public utilities in labor and employment matters, including labor, equal opportunity, internal investigations and corporate compliance. Nuclear Regulation Representation of a lead owner/operator of an existing nuclear generating station with municipal and cooperative co-owners in negotiation and administration of agreements permitting additional units at the existing site and providing for participation in these units on a co-owned basis. Publications Co-author, "Coal and Nuclear - A History Worth Repeating?", Energy and Environmental Law360, April 7, 2010. Contributor, ABA Energy Antitrust Law Handbook (Forthcoming 2009). Contributor, ABA Antitrust Law Developments (2008). "Introduction to Federal Antitrust Law," Mathew Bender, Energy Law & Transactions (2001 to date). "Mergers and Joint Ventures," Mathew Bender, Energy Law and Transactions (2000 to date). "Application of Antitrust Law to Federal Energy Marketers," Mathew Bender, Energy Law and Transactions (2004 to date). "Relationship Between Federal Antitrust Laws and Federal and State Regulation of Energy Industries," Mathew Bender, Energy Law and Transactions (2000 update to date). "The Current Direction of Public Utility Restructuring: Patterns of Change and Continuity," Public Utility Reports Conference: Managing Change in a Utility Workforce Under Deregulation, November 10, 1997. "Examining the Federal Retroactivity Debate," Robert P. Edwards, Jr. and Jesse P. Schaudies, Jr., January, 1993 issue of Fulton Daily Report, Employment Law. Other Distinctions Recognized as one of America's Leading Lawyers for Energy and Natural Resources by Chambers USA (2010-2011). Recognized in The Best Lawyers in America in Energy Law (2007-2012). Work Experience Partner, Troutman Sanders LLP, 1986-present Associate, Troutman Sanders Lockerman & Ashmore, 1977-1985 |