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Energy and Utilities Law

Ice Miller’s Energy and Utilities group provides full-service representation to a broad range of investor-owned utilities, municipal utilities, regional transmission organizations, “merchant” energy companies, telecommunications entities, infrastructure developers, and other institutional clients. 

Our practice includes representation of such entities before state and federal regulatory authorities such as the Indiana Utility Regulatory Commission, the Public Utilities Commission of Ohio, the Illinois Commerce Commission,  Federal Energy Regulatory Commission, and the Federal Communications Commission. With the experience available through other areas of the Firm, we are also able to assist clients with related services, such as representation with respect to state and federal environmental matters; mergers and acquisitions; financings; land rights and real estate matters; commercial contracts; labor and employee benefits; and legislative affairs. 

Attorneys in our Energy and Utilities Group regularly receive recognition in Best Lawyers in America, Super Lawyers and Chambers USA. Nine attorneys in this group are Martindale-Hubbell AV Peer Review Rated; and four have received Best Lawyers, “Lawyer of the Year” recognition in Municipal, Communications, Corporate and Mergers & Acquisitions Law in 2014 and/or 2015.
Our energy and utilities practice is considerable. Kay Pashos formerly served in several executive positions; notably: president of PSI Energy, vice president of Regulatory Strategy for Duke Energy; and vice president of Regulatory Affairs for Alliant Energy. Greg Dunn is former vice president of legal affairs for Warner-Amex Cable Company. Several other lawyers have worked in the energy and utility industry for over 20 years, some as both in-house and outside counsel. We represent utilities, energy companies and other entities in the following types of regulatory matters:
  • Rate cases
  • Rate adjustment or “tracker” cases
  • Performance-based or incentive regulation
  • Environmental compliance plan approval cases
  • New generating facility approval cases
  • Transmission and distribution plan approval cases
  • Prudence cases
  • Financing approval cases
  • Utility mergers
  • Acquisitions of utility assets (including due diligence)
  • Energy efficiency and demand response cases
  • “Smart grid” cases
  • Innovative rate design offerings
  • Accounting and depreciation cases
  • Retail and wholesale energy supply agreements
  • Regional transmission organization (RTO) matters
  • FERC and NERC compliance and audit preparation
  • Affiliate transactions
  • Appeals from regulatory commission decisions
  • Drafting / review of proposed legislation
  • Service territory matters
  • Telecommunications matters
  • Facilities siting
  • Commission investigations and rulemakings
  • Regulatory strategy
  • Regulatory affairs
Our energy and utility clients need comprehensive legal support from their legal counsel to cover all aspects of their operations. Ice Miller can support your ever-evolving needs. Here’s how we can help:

Ice Miller counsels clients on a host of regulatory issues before the IURC, PUCO, ICC, FERC, and FCC including the issues described above, as well as: special contract and rate design approvals; service territory cases; state agency rulemakings; interconnection agreements; Standard Service Offer (ESP/MRO cases); public way and merger cases; and Municipal Aggregation Proceedings.

Government Relations
Ice Miller works closely with utility clients to provide guidance on strategic political issues. Our team can assess and evaluate the level of community support for a project, then provide recommendations on action steps needed. Ice Miller also works within the community to develop grassroots coalitions. Within the halls of government, we help our utility clients lobby legislative and executive officials.
Mergers & Acquisitions
The Ice Miller team works with clients in their acquisition of utility properties and assets, as well as mergers of energy and utility companies.
Public Private Partnerships
Our attorneys help clients with conduit revenue bonds and governmental incentive packages. We also assist with other aspects of public/private partnerships, including structuring transactions or legislation; all forms of dispute resolution; and facilitation of government activities where appropriate.
Governance, Tax and Contracts
Ice Miller helps clients with board and committee governance structures that best serve their needs now and in the future. When it comes to the day-to-day business of running their business, Ice Miller can assist clients with review and evaluation of operating agreements, contracts and other due diligence.
Ice Miller works closely with clients to avoid litigation; however, some matters ultimately end up in court. When litigation is necessary, our Firm can help.
Labor Issues
Ice Miller helps clients with a variety of labor and employment issues.
Employee Benefits
Ice Miller helps clients draft, review and maintain compliance with all of their  employee benefit plans, advises on benefit plan fiduciary responsibilities, and numerous other benefit related matters.
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