Energy and Public Utilities Law

Birch Horton Bittner & Cherot supports our energy clients in positively impacting federal and state law and policy development. From emerging energy developments to tax and advanced research measures, we offer in-depth knowledge, strong analytical capability, and familiarity of key decision-makers.

We work hard to help our clients anticipate, prepare, and respond to Congressional activities by using a combination of political and applicable defenses and responses. We provide analysis, drafting, and advocacy that move laws and policymaking in the right direction. Birch Horton Bittner & Cherot attorneys work with key policymakers and are well-positioned to influence the evolution of energy policy, benefiting our clients by closely assessing developments and trends. We are not just “door-openers,” but also substantive advisors who can draft legislative language and clear, concise, and persuasive issue papers and who can advocate on the substance of issues.

The renewable energy sector’s growth is being driven by rapid innovation – structural, technological, and economic. Birch Horton Bittner & Cherot assists developers, utilities, and parties investing in renewable energy in capitalizing on opportunities presented by this innovation. Birch Horton Bittner & Cherot helps its clients bring lower cost, sustainable and clean-environment solutions to communities, and to deploy renewable energy as a complement to natural gas, diesel or other fuels.

Our attorneys guide regulated and unregulated utility and renewable energy companies, lenders, equity investors, developers, and independent power producers across renewable energy project development and regulatory matters. We have developed and negotiated agreements for renewable energy company operations including power purchase agreements, finance agreements, and special contracts.

Birch Horton Bittner & Cherot has represented clients in the following renewable energy areas:

• Geothermal
• Hydropower
• Solar
• Wind

Birch Horton Bittner & Cherot has represented energy companies and utilities before state public utility commissions in a variety of proceedings, and we advise clients on business strategies to positively affect operations and transactions. Our attorneys have a proven track record of successfully handling traditional utility cases and the capability to tackle new and emerging utility issues. We offer clients the flexibility to seek attorneys’ advice to anticipate and address individual issues or to represent them in cases that most impact their businesses.

Birch Horton Bittner & Cherot attorneys have been representing energy (including both electric and natural gas) and other public utilities in regulatory proceedings before state and federal agencies for over 30 years, including state public utilities commissions, and in particular, the Regulatory Commission of Alaska (RCA). Our specialized knowledge of public utility and energy law, as well as the unique technical, economic and financial aspects of utility and energy company operations, enables us to present cases effectively before regulators and achieve desired results. We have strong expertise in cases which involve complex financial, technical and accounting issues, and expert economic or engineering testimony.

Our representation covers the entire range of utility regulation, including:

• Rates and rate design
• Financing
• Complaints
• Power purchase agreements
• Renewable resources, including hydropower, solar and wind
• Certification and acquisition approvals
• Rulemakings and compliance with state and federal rules

Successes include:

• Representation of electric utilities in rate cases involving consumer advocate intervenor; negotiated successful terms of settlements and achieved successful results in each case through both settlements and public hearings
• Representation of private equity company investigating investing in Alaska power projects, including analyzing regulatory risks, interpreting the impacts of laws, and providing strategic advice on regulatory issues
• Representation before the RCA of a development stage solar generation company planning to serve rural Alaska villages; successfully obtained an exemption from RCA regulation to reduce costs and risks
• Representation of an Alaska Native Regional Corporation subsidiary developing wind generation infrastructure in rural Alaska, including analyzing requirements for RCA certification and economic regulation, and developing power purchase, financing support, and operations agreements
• Obtained state certificates for new energy utilities to provide service, overcoming challenges to the companies’ financial capability and other fitness issues
• Obtained “clean” regulatory approvals for certificate transfers related to energy and utility acquisitions and changes in control, avoiding conditions that would adversely affect ongoing business operations