Energy: State Regulatory & Litigation: Texas

THE FIRM Andrews Kurth has built up an impressive practice representing large industrial consumers of energy before the state and federal agencies and courts. Specifically, the team represents the interests of Texas Industrial Energy Consumers (TIEC), a trade organization comprising more than 40 major energy users. Other key clients include South Florida Hospital and Healthcare Association, and the Texas Association of Manufacturers. Andrews Kurth is home to one of the deepest energy teams in the state, with 12 lawyers dedicated to energy regulation and litigation.

KEY INDIVIDUALS "Standout litigator" Rex VanMiddlesworth handles a variety of cases, including electric rate cases and licensing disputes, before the Public Utility Commission of Texas (PUCT) and state and federal courts. According to peers, "VanMiddlesworth has to be taken very seriously as an adversary." He recently obtained a favorable ruling from the PUCT against Lone Star Transmission, on behalf of his client US Gypsum Company.

Lino Mendiola also appears before the Texas agencies, representing municipalities, counties and other public entities in electricity-related cases. He is heavily involved in the firm's ongoing representation of TIEC. Mendiola also has vast experience in general litigation matters across Texas, and is described as an "extremely capable and talented lawyer."

Phillip Oldham is highly rated for his advocacy on behalf of public entities before the Texas legislature and state agencies. A registered lobbyist, he also provides services such as regulatory and legislative negotiations, bill drafting, coalition management, grassroots strategies and legislative monitoring.

Of counsel Tammy Cooper is an up-and-comer in the Texas energy market. She has strong background experience, including nine years working at the PUCT. Recently, she successfully represented Greenbelt Alliance in a hearing before the State Office of Administrative Hearings concerning the location of Oncor Electric Delivery's transmission line.

THE FIRM Texas-based Baker Botts is very visible in the energy industry and has close relationships with industry giants such as CenterPoint Energy and Iberdrola Renewables. The core regulatory team is compact but often calls upon the firm's wider expertise, particularly in litigation and tax, to assist with matters before the state agencies and courts.

Sources say: "A top-notch firm with a wide range of expertise."

KEY INDIVIDUALS Practice group leader James Barkley "has always been an excellent all-around lawyer, but his expertise is extremely deep in state regulation matters," according to interviewees. He is well versed in the electric market and regularly appears before the PUCT and other state agencies. Recent highlights include his continuing representation of Iberdrola in its appeal of reactive power capability rules adopted by the Electric Reliability Council of Texas (ERCOT).

THE FIRM Bracewell & Giuliani is home to a small, expert energy regulation practice. Comprising two attorneys, the team has capabilities in power generation and transmission regulation, licensing and rate-making. It represents a number of different market participants, including investor-owned electric utilities, public power entities and independent power generators, before the PUCT. Active clients include Calpine and Southwestern Electric Power Company (SWEPCO).

KEY INDIVIDUALS Phil Ricketts is known for his involvement in the electric industry. Recently, he represented SWEPCO in preparing an application to, and prosecuting the proceeding before, the PUCT seeking reconciliation of the portion of Texas franchise taxes recovered from customers through the franchise tax adjustment mechanism in 2009.

THE FIRM Brown McCarroll fields a team of lawyers dedicated to the electric regulation market in Texas. It represents a wide variety of market participants, including wholesale electric providers and investors in utility infrastructure assets, in a range of regulatory and litigation matters. The team previously represented Lone Star Transmission in obtaining PUCT approval of a certification of convenience and necessity for a 250-mile transmission line, and is currently representing the company in the appeal process for that proceeding.

Sources say: "Brown McCarroll does a great job. It has an excellent team that is responsive to my input and feedback but also capable of doing all of the work and thinking independently."

KEY INDIVIDUALS "Strategy is the word that comes to mind when I think of Marianne Carroll. She is extremely knowledgeable about the entire electric industry in Texas and her judgment is simply superb," said one impressed interviewee. Carroll is considered "the dean" of electricity regulation in Texas, and has extensive experience of representing clients in PUCT and ERCOT-related matters.

THE FIRM This boutique firm provides a full service to energy clients, with expertise in regulatory compliance and enforcement, litigation and appeals, legislative matters and transactional work. The team operates in both the electricity and oil and gas sectors, assisting electric utilities and major pipelines with their legal needs. The comprehensive team of 15 partners represents AEP, El Paso and CenterPoint Energy, among others.

KEY INDIVIDUALS Market sources consider William Wren to be a "strong administrative litigator." He primarily practices in the electricity sector, where he represents utilities in regulatory matters before the PUCT and other state agencies. Recent highlights include assisting El Paso with inquiries regarding reliability and curtailment of power connected to an arctic storm.

Kerry McGrath also has a regulatory focus on the electric market. He recently served as outside counsel to Electric Transmission Texas in a series of transmission line cases related to the Competitive Renewal Energy Zone (CREZ) proceedings.

"If there is an appellate matter that needs handling, David Duggins would always be our first port of call," says one impressed interviewee. A new addition to the rankings this year, Duggins is respected across the state for his appellate skills. Recently, he served as outside counsel to AEP in a stranded costs appeal before the PUCT.

James Mann spends the majority of his time in the oil and gas space, representing major pipeline companies and gas utilities before the Railroad Commission. He has significant expertise in permitting and compliance matters, and has recently been assisting clients with the regulatory issues connected to the building of gas-gathering, liquids and crude oil pipelines.

THE FIRM This firm is known across the state for its representation of regulated and unregulated utilities before the PUCT. It remains to be seen what impact the recent departure of Ron Moss will have on the firm's practice.

KEY INDIVIDUALS Tom Hudson is the primary contact.

THE FIRM This team offers clients a comprehensive energy practice, with expertise in regulatory proceedings, litigation and legislative issues. On the regulatory side, the eight-lawyer team frequently appears before the state's agencies, including the PUCT, ERCOT and TCEQ, in rulemakings, contested cases and other matters. The team is experienced in numerous energy forms, including coal, gas, nuclear and wind. It services key names in the industry, such as ConocoPhillips, Horizon Wind Energy and Constellation NewEnergy.

KEY INDIVIDUALS Diana Liebmann is highly praised for her sound understanding of the technical aspects of the electric industry. Sources say: "She has a wonderful mastery of the really technical protocols and rules at the Commission that few others can boast – that is her great strength." She represents a wide range of market participants, including generators, electric providers, power marketers and end users, before the PUCT and ERCOT.

Patrick Sullivan is another of the firm's expert regulatory attorneys, and also represents clients before the state agencies. He has vast experience in appearing before the PUCT, and in assisting clients in maintaining compliance with state and federal regulations. Clients commend his diligence and in-depth understanding of the PUCT.

THE FIRM The three-partner team at Jackson Walker has a wealth of experience in the energy industry, both in regulatory proceedings before the PUCT and ERCOT and in general litigation. It recently represented Reliant Energy before the PUCT in CenterPoint's stranded cost recovery contested case proceeding, from which numerous parties took appeals. Other key clients include Midwest Independent System Operator (MISO) and E.ON Climate & Renewables North America.

Sources say: "Jackson Walker lawyers are very efficient in how they perform and very attuned to the needs of the client."

KEY INDIVIDUALS Clients marvel at Patrick Cowlishaw's written ability, stating: "He has this way of taking very complex issues and presenting them in a really smooth way, almost like he is telling a story. It puts him off the charts!" He has strong regulatory experience, having worked in both the telecom and energy industries.

Kathleen LaValle is praised by sources for her ability to "delve into any issue, big or small, and just figure it out. She asks the right questions and is creative in her solutions to these issues." She is currently representing MISO in proceedings before the PUCT regarding Entergy's selection of MISO as its preferred regional transmission organization.

THE FIRM This firm specializes in natural resources law and offers substantial expertise in the oil and gas sector as well as in hard minerals, water and wastewater matters. Two of the firm's name partners head up the oil and gas side of the practice, concentrating on regulation, litigation and legislative issues.

KEY INDIVIDUALS David Jackson is highly recommended for his representation of clients before the Railroad Commission. Peers comment that "he is a fine lawyer deserving of recognition." He focuses on oil and gas as well as the mining.

THE FIRM Kelly Hart holds a prominent position in the Texas oil and gas market. The team has a solid reputation for representing exploration and production companies, owners of pipelines, owners of natural gas processing and treating plants, and surface owners in matters before the Railroad Commission and the General Land Office.

KEY INDIVIDUALS Glenn Johnson is described as "top tier in both knowledge and ability." His practice encompasses oil and gas development and pipeline regulatory work before state agencies including the Railroad Commission and the General Land Office.

THE FIRM Lloyd Gosselink has carved out a niche in the Texas market representing cooperatives and municipalities as energy consumers. It has expertise in electricity and natural gas, appearing before the PUCT, the Railroad Commission and the Texas Commission on Environmental Quality (TCEQ).

KEY INDIVIDUALS Geoffrey Gay chairs the energy and utility practice group at Lloyd Gosselink, and is described as an "excellent administrative litigator and a worthy adversary." He has expertise in rate-making cases as well as a range of other regulatory matters.

Thomas Brocato's practice is dedicated to representing cities in the area of utility regulation.

Lambeth Townsend "does a fantastic job for his clients," say interviewees. He too represents municipalities in regulatory cases before state agencies.

THE FIRM Locke Lord's presence in the regulatory arena stems from its strength in energy litigation. Its lawyers represent a number of major energy clients, including El Paso, Kinder Morgan and Tenaska, before state and federal courts as well as before state agencies such as the PUCT. The team joins the rankings for the first time this year having received numerous recommendations from peers and clients.

Sources say: "I would say Locke Lord is more service-oriented than most other firms."

KEY INDIVIDUALS James Leahy is chair of the energy litigation practice.

THE FIRM This boutique firm has a well-established foothold in the Texas market. Based in Austin, the firm has significant capabilities in energy litigation and regulation, with lawyers regularly appearing before the Railroad Commission, the General Land Office and the TCEQ. The team's expertise includes natural gas storage, upstream permitting and enhanced oil recovery.

KEY INDIVIDUALS Brian Sullivan has built a solid reputation for his oil and gas litigation skills. Sources report that he is "a very competent lawyer, in both Railroad Commission matters and other types of energy litigation."

THE FIRM Split between Austin and Houston, McGinnis Lochridge & Kilgore has one of the state's leading oil and gas practices. It has a number of expert lawyers specializing in regulation, litigation and legislative matters for a range of market participants. The team's client base includes major oil and gas companies, independents, pipelines, trade associations and landowners.

KEY INDIVIDUALS According to market commentators, Tim George is "simply top-notch in every area. He enjoys a very good reputation which is certainly well deserved." He has extensive capabilities in the oil and gas sector, in both regulatory proceedings and litigation.

THE FIRM This small boutique in Austin works almost exclusively in the oil and gas sector. Representing clients such as Anadarko Petroleum and Upland Resources, its talented lawyers have vast experience in regulatory proceedings before the Railroad Commission.

KEY INDIVIDUALS William Sheffield Osborn enjoys a strong reputation across the state of Texas. "He is very knowledgeable and one of the smartest guys I know," said one source.

THE FIRM A relative newcomer to the Texas energy market, this firm is already making waves in both the electricity and oil and gas sectors. Established by three market leaders, the firm has an in-depth knowledge of the state agencies and the regulatory framework.

Sources say: "A mix of great strategic advice and fantastic litigation and trial skills."

KEY INDIVIDUALS Julie Parsley is a well-known figure in the Texas market, having formerly served as the commissioner of the PUCT. As such, she is highly recommended for her in-depth knowledge and understanding of issues involving the Commission.

Ann Coffin is heavily active in the oil and gas market, where she represents a diverse range of clients before the Railroad Commission. "When I made my list of top lawyers, Ann Coffin was definitely on it," said one interviewee.

THE FIRM Scott, Douglass & McConnico is an Austin-based litigation boutique with a subspecialism in energy regulation. The firm is extremely active in the oil and gas sector, representing major independents and other market participants before the state agencies as well as before state and federal courts. The team has experience across the board in regulation, litigation and alternative dispute resolution.

KEY INDIVIDUALS Philip Whitworth's practice is entirely dedicated to oil and gas regulation. He regularly appears before the Railroad Commission and other state agencies on behalf of his clients, and is widely recognized for his General Land Office expertise.

John Camp is another of Scott Douglass's regulatory experts. Having worked for the Railroad Commission for eight years, he is adept at handling a variety of utility rate and service matters, including pipeline-to-pipeline rate charges, transportation rate and service disputes, and pipeline safety issues.

THE FIRM Sutherland's energy regulatory and litigation practice remains very active in the Texas market. The team represents a wide range of market participants, including electric utilities, power marketers, generators, industrial consumers and retail electric providers, before the PUCT and other state agencies.

KEY INDIVIDUALS Richard Noland plays a central role in the firm's regulatory practice, advising clients on regulatory compliance and permitting. His focus is largely on the electric market, where he represents utilities and several retail electric providers.

THE FIRM Vinson & Elkins holds a prominent position in the market for its diverse energy regulation practice. The team has a keen grasp of a wide range of industry issues, representing clients involved in the electric market as well as natural gas, petroleum, surface coal mining and renewables. Its lawyers frequently appear before the PUCT and the Railroad Commission in regulatory matters ranging from traditional rate-making, transmission certification and complaint and rule-making proceedings to more current issues such as the CREZ proceedings. The firm's active clients include Buckeye Partners, Cross Texas Transmission and Duke Energy.

KEY INDIVIDUALS Austin-based Michael Tomsu is widely recognized for his regulatory and transactional expertise. In addition to his recent work in the CREZ cases, he has been highly active with Duke Energy and NRG on various regulatory matters. Tomsu also has experience in legislative issues.

Becky Hollis Diffen is "a really smart young associate," according to sources. She has prior experience of working in the wind industry, and is viewed as a key resource for the firm's work in the renewables space. She works closely with Tomsu, and recently assisted him in providing regulatory advice to Duke Energy in connection with the acquisition, construction and operation of a 36 MW battery facility in Ector County and Winkler County, Texas.

Richard Adams is located in the firm's Dallas office, and cochairs the practice with Tomsu. He is also an expert in energy regulation and counts electric distribution and transmission company Oncor among his key clients, which he is currently representing in a system-wide cost-of-service base rate case before the PUCT.