Jon joined the energy law practice at Duncan & Allen in 1997, and since then has focused on a variety of energy regulatory, strategic planning and transactional matters, with a recent emphasis on restructured electric markets and compliance with the Energy Policy Act of 2005. He represents publicly-owned utility systems (municipal electric utilities, rural electric cooperatives and irrigation districts) in California, Colorado, New Mexico, Arizona, Utah, New England, and the Midwest.
With regard to energy regulatory matters, Jon has represented the Turlock Irrigation District, the Imperial Irrigation District (IID) and the Cities of Glendale, California, Burbank, California in the full panoply of litigation involving the California electric crisis before the Federal Energy Regulatory Commission (FERC), including protracted multiparty litigation involving refunds, accusations of market manipulation and efforts to abrogate long-term contracts.
Jon has participated in the utility restructuring in California, the Southwest, and New England, including the formulation of FERC compliant Open Access Transmission Tariffs (OATTs). Jon has litigated a number of cases involving the California Independent System Operator (CAISO) and the Independent System Operator of New England (ISO-NE) designed to protect his clients’ existing transmission contract rights and their non-jurisdictional status under the Section 201(f) of the Federal Power Act.
Jon represented the Kansas City Board of Public utilities in successfully opposing the merger between Western Resources and Kansas City Power and Light. As a result, Jon has broad experience in virtually all aspects of regulatory matters and the design of restructured electric markets.
Using his knowledge of the FERC’s restructuring mandates, the California energy crisis, and the restructured electric markets in the west and northeast, Jon provides strategic planning to facilitate his clients successful participation in the electric markets, transmission access and energy pricing.
Each year, Jon leads a seminar with his clients’ local counsel and upper management addressing strategic planning, market participation and compliance with the reliability, transmission access and market manipulation requirements of the Energy Policy Act of 2005.
Jon’s transactional experience involves the negotiation of a broad array of power purchase and sale agreements, as well as transmission procurement agreements. Jon negotiated the IID Interconnection Agreement with CalEnergy and the associated 30 year, 170 MW Power Purchase agreement.
In addition, Jon recently finished negotiating ten long-term power supply and delivery arrangements between Arizona Public Service and ten Arizona Electric and Irrigation Districts in the Phoenix area. With his vast knowledge of the CAISO’s operations and procedures, Jon has also negotiated an array of agreements involving the CAISO.
During law school, Jon clerked in the United States District Court for the Eastern District of Washington and at Eversheds an international law firm based in England. As a clerk in the District Court, Jon learned the intricacies of federal litigation and arbitration. At Eversheds, Jon focused on international energy and tort issues, including issues associated with the energy restructuring in England.