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Expert Witnessing
Boston
Pacific has extensive experience as expert witnesses in regulatory
proceedings at FERC and state commissions as well as in arbitrations and
court proceedings throughout the U.S. and Canada. Our areas of
expertise include, but are not limited to, market power/antitrust
issues, contract abrogation, damage estimates, gas pipeline rates,
electric transmission rates and policies, market design, affiliate
transactions, and mergers. |
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 At
the FERC, Boston Pacific is well known for its expertise on market
power
measurement and mitigation, mergers and acquisitions, and project finance.
With our knowledge of regional markets and our understanding of market
power issues, we have filed many Supply Margin Assessments (SMAs) and
Appendix A analyses. Further, for our clients, we have
performed every market power test used by the FERC from the Hub and
Spoke to the recent Pivotal Supplier Analysis (PSA).
We also have submitted testimony or comments on these and other issues to
18 state regulatory commissions: in Arkansas, Arizona, California,
Florida, Georgia, Indiana, Louisiana, Maryland, Michigan, Missouri, New
Jersey, New York, North Carolina, Ohio, Texas, South Carolina, Wisconsin and
Virginia.
In litigation and arbitration, as in all our work, Boston Pacific focuses
on making a positive impact for our clients. Again, the breadth and depth
of our experience sets us apart as illustrated by these recent examples of
our work.
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Testimony to the Public Utility Commission of
Texas on behalf of Reliant Energy, Inc. regarding Capacity Auctions in
Texas.
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Expert Report in State Court on behalf of Ponderosa Pine Energy
concerning the basis for and quantification of damages before a Judicial
District Court and the American Arbitration Association.
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Testimony to FERC on behalf of Aquila concerning
the competitive effects of Ameren's proposed acquisition of Illinois Power.
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Testimony to
the Ohio Commission on behalf of Reliant evaluating FirstEnergy's Rate Stabilization Plan
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Testimony
to FERC on behalf of Calpine regarding approval of affiliate power
purchases by Entergy under the Edgar standard using a competitive
solicitation test.
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Testimony
on behalf of TECO Power Services regarding the competitive bidding
process and development of a Request for Proposals for the Arizona market.
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Participation
on behalf of TECO Power Services in a three-day technical conference
before the Arkansas Commission concerning competitive bidding.
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Submission
of multiple SMAs to FERC on behalf of Reliant Resources to secure
market-based rate authority.
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Testimony
on behalf of Orion Power Holdings and Reliant Resources to support their
merger application to the FERC with the required Appendix A analysis.
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Testimony
to FERC on behalf of Dayton Power & Light concerning the proposed merger
of AEP and CSW.
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Expert
Report on behalf of Tenaska concerning damages for abrogation of a power
sales contract before the American Arbitration Association.
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Expert Report in State Court on behalf of Southern Company concerning damages
caused by a supplier’s failure to deliver power as contracted.
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Testimony
on behalf of TransCanada regarding a market-based transmission congestion
management system and principles for cost allocation within Alberta,
Canada.
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Testimony
to the Alberta Energy and Utilities Board concerning competitive
procurement and pricing for transmission must-run and other ancillary
services.
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Comments
regarding the role of market monitoring by RTOs at FERC’s conference on
Electricity Market Design and Structure.
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Testimony
to FERC on behalf of a gas marketer concerning rolled-in natural gas
pipeline rates on Transco.
If you would like to see a more complete list of our testimony, please
click here.
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