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Energy

California Public Utilities Commission

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Davis Wright Tremaine attorneys are highly respected practitioners before the California Public Utilities Commission (CPUC), one of the most active and influential state utility commissions in the country.

Overview

Our clients look to us for counsel on a range of CPUC proceedings and related issues, including market entry and exit, certifications and tariffs, policy and rulemakings, enforcement, audit and complaint matters, and interconnection agreements and arbitrations.

Many of our San Francisco attorneys have over 20 years of experience practicing before the CPUC. Our success before these regulatory entities is the direct result of our team's intimate knowledge of the process and long-standing relationships with regulators. And the efficacy of this firsthand approach is bolstered by the cross-practice group collaboration characteristic of our firm: regulation spans industries, and our attorneys do, too.

Our communications focus
Carriers face an array of nuanced regulatory issues in California, including those related to consumer protection, numbering, pole attachments, rights of ways, and transfers of control, certification, and interconnection. Our telecommunications attorneys specialize on these issues, and provide up-to-date analyses of CPUC developments to our clients, who include competitive local exchange carriers and large wireless carriers.

Our energy focus
Our energy attorneys have participated in virtually every major electric and gas proceeding since the early 1980s and maintain their presence today. Our clients are diverse - competitive energy providers, non-utility generators, large industrial energy consumer's utilities, municipalities, pipelines, and industry associations and coalitions, among other entities. We provide representation in rate cases, resource planning, and transmission and climate change proceedings. Since the enactment of California's Renewable Portfolio Standards (RPS), our firm has taken a leading role in providing counsel on eligibility rules, power purchase agreements, and program compliance.

MetroPCS v. Picker

Successfully represented MetroPCS as plaintiff in case asserting constitutional challenge to California Public Utilities Commission's assessment of surcharge on broadband and other interstate service revenues derived from sale of prepaid wireless service in California. MetroPCS California, LLC v. Reynolds, 2023 WL 4993683 (N.D. Cal. ‌ Aug. 4, 2023)

Mergers & acquisitions for Algonquin Power & Utilities Corp.

Formed a new investor-owned electric utility, Liberty Utilities (CalPeco Electric) consisting of electric utility assets (in the Lake Tahoe area of California). Representation included the negotiation of asset purchase agreement and other key transaction documents and also obtaining federal and state regulatory approvals. (2008-2011)

Regulatory - electric for Kirkwood Meadows P.U.D.

Represented municipal utility district in the acquisition of electric generation and distribution assets. (2011)

XO Communications v. AT&T California

On behalf of XO Communications, litigated collocation and interconnection rate dispute before California Public Utilities Commission. (2011)

Development - renewable for NaturEner

Represented developer in negotiating and obtaining regulatory approvals for power purchase and in associated renewable portfolio standard proceedings before the California Public Utilities Commission. (2010)

Regulatory - electric for Calpine Corporation

Represented independent power producer before the California Public Utilities Commission with respect to a request for approval of its power purchase agreement with PG&E. (2010)

California Environmental Quality Act (CEQA) counsel for the California Independent System Operator (CAISO)

Representing before the California Public Utilities Commission (CPUC), defending claims on CEQA issues in transmission line proceeding. (Ongoing)

California Public Utilities Commission proceedings

Represented Rasier-CA LLC, a subsidiary of Uber Technologies, Inc., since 2014 in administrative proceedings before the California Public Utilities Commission. (Cal. Pub. Utilities Comm. Ongoing)

CPUC 'cramming' complaint for major wireless company

Successfully resolved (through mediation) a CPUC 'cramming' complaint brought by a consumer organization against a major wireless company relating to its offering of ring tones and other wireless content.

CPUC rate proceedings - oil pipeline

Represented Chevron Pipe Line Company in rate and other proceedings before the California Public Utilities Commission. (2008-09; 2011; 2012-13)
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Industry Contacts

Prabhakaran, Vidhya
Vidhya Prabhakaran
Partner
Partner-in-Charge, San Francisco
San Francisco
415.276.6568
Suzanne
Suzanne K. Toller
Partner
Los Angeles
415.276.6536

Our Team

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Fero, Anna
Anna Fero
Associate
San Francisco
415.276.6590
Huang, David
David Huang
Counsel
San Francisco
415.276.6589
Jandura, Jessica
Jessica Jandura
Associate
San Francisco
415.276.6583
Jorrie, Katie E.
Katie E. Jorrie
Partner
San Francisco
415.276.6554
Nelson, John
John C. Nelson Jr.
Associate
Washington, D.C.
202.973.4278
Pau, Judy
Judy Pau
Paralegal
San Francisco
415.276.6587
Prabhakaran, Vidhya
Vidhya Prabhakaran
Partner
Partner-in-Charge, San Francisco
San Francisco
415.276.6568
Shea, Kerry E.
Kerry E. Shea
Partner
San Francisco
415.276.6598
Sundaresan, Thaila
Thaila Sundaresan
Partner
Co-chair, Women Attorneys Affinity Group
San Francisco
415.276.6521
Suzanne
Suzanne K. Toller
Partner
Los Angeles
415.276.6536
A photo of Jim Tomlinson against a grey background. He is wearing a navy suit, a blue and white patterned shirt, and a red tie.
James W. Tomlinson
Partner
Los Angeles
213.633.6872
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