Our Legal Team
Richard E. Aikman, Jr.
Tabitha L. Balzer
Energy and Utility Regulatory Attorneys Serving Indiana
Lewis & Kappes is an established law firm with a long history of providing legal services in energy and utility law matters including regulatory proceedings as well as transactions and litigation.
One focus in energy and utility law is representing clients in proceedings before administrative agencies, such as the Indiana Utility Regulatory Commission and the Federal Energy Regulatory Commission. Our lawyers have extensive experience and take innovative approaches in regulatory matters.
Our Indiana attorneys represent clients in regulatory and administrative proceedings such as the following types of cases:
- Rate cases — Our firm represents clients in proceedings in which a utility company is seeking changes in its basic rates and charges and terms of service. We analyze and, where appropriate, challenge proposed rate increases, changes in rate structure, cost-of-service studies, and tariff terms and conditions.
- Cost-adjustment proceedings — Utility charges are set by tariff, which specify rates and allow for periodic adjustments in specific instances. We represent clients in cost-adjustment and tracker proceedings in which utilities seek to pass through to customers expenses such as fuel costs, gas costs, environmental compliance, and other costs.
- Service disputes — Clients come to our firm for representation in disputes relating to services provided by a utility company, such as problems with billing, service interruptions, and quality of service issues.
- Tariff disputes — Utility companies are obligated to abide by the terms and conditions set forth in published tariffs. Disputes can arise, however, regarding the interpretation and application of tariff provisions.
- Demand-side management (DSM)/efficiency conservation — We represent clients in energy efficiency-related regulatory matters. Demand-side management (DSM) initiatives and other mechanisms to conserve and reduce energy consumption raise issues relating to standards, programs, and funding methods.
- Utility construction projections — Utility companies can pursue special proceedings to seek approval and cost recovery for a particular construction project. We represent clients in addressing the merits and financing of such projects.
- Alternative regulatory plans (ARP) — A statutory mechanism under Indiana law permits utilities to seek relaxed or alternative treatment of services or rates. Deregulatory proposals and alternative regulatory plans are subject to review and challenge by affected parties.
- Co-generation, self-generation, and private distribution — Utility companies typically have a monopoly service territory, but consumers can supply their own energy and implement alternative arrangements under certain circumstances. We help clients explore their options to generate or distribute energy.
- Acquisitions and mergers — We represent clients in acquisitions, mergers, and proceedings involving changes in the corporate structure of a utility.
- Environmental compliance — Energy utilities are subject to environmental standards. When a new standard is announced or a change is implemented, utility operations can be greatly affected. We represent clients in related regulatory proceedings, analyzing and advocating client interests as to utility proposals, compliance strategies, the financial consequences and rate impact.
- Proceedings relating to transmission organizations — Independent System Operators (ISO) and Regional Transmission Organizations (RTO) have been established under federal law to control the interstate transmission grid. We assist clients in addressing matters involving transmission as a matter of both state and federal laws.
- Affiliate relationships — The checks and balances relating to utility companies can be impacted by dealings between a regulated monopoly and an unregulated affiliate. We have experience analyzing and challenging arrangements between regulated utilities and affiliated businesses.
- Territorial disputes — We represent clients in disputes regarding utility service areas, annexations and proposed changes in service territories.
Contact an Energy and Utility Law Attorney
Our Indianapolis lawyers also handle agency proceedings and appeals of any regulatory decisions. To learn more, or to speak to one of our attorneys about your energy and utility law matter, contact us today.