District Energy - 2010 Second Quarter

Don’t be afraid, but be respectful. Regardless of what you think of the individuals involved, approach them politely, respectfully and as professionals. Speaking pedantically, or otherwise causing them to take offense, will only cause them to become defensive and determined to not agree with your position. Your mission is to achieve your regulatory objective, not to give the individuals a personal reason to be belligerent toward you or your position.

Conduct prefiling educational meetings. When possible, and assuming that the rules governing your particular regulatory agency allow, meet with them before you file your case. In most cases, the “ex parte” rules prohibit you from unilaterally discussing your case with decision-making individuals at the regulatory agency outside the presence of other parties. But such rules often do not apply until you have filed your case. Discussing a draft of your proposed application in advance of filing is often permitted. If so, such discussions not only afford you an opportunity to ’heads up’ and educate the regulators, but also to get some initial feedback. Getting such feedback can be invaluable. It can prompt you to modify your filing before you make it, so that you fashion it in a manner that is more likely to address the regulators’ concerns.

Garner customer support. The
more widely supported your position,
the easier it is for the regulators to
approve it. Do what you reasonably
can to obtain support, or at least non-
objection, from your customers. You
will have to deal with your customers’
views once you make your filing, so why
not try to do so before you file, thereby
smoothing out some of the bumps in
the regulatory path that you are likely to
confront later on?

Alan;Robbins;is a Member of Jennings Strouss & Salmon PLC.

Based in the firm’s Washington, D.C., office, he is engaged in the firm’s energy and regulatory practice. He has extensive experience representing clients before the Federal Energy Regulatory Commission and other federal and state agencies and commissions. He may be reached by email at arobbins@jsslaw.com.