Expert Details

Expert in Contracts, Contracting and Contractor Performance, Affiliate Interests

Expert ID: 727700 New Mexico, USA

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Expert provides Expert Witness and Litigation and Regulatory Support Services in the areas of:

Contracts, Contracting and Contractor Performance
Energy Commodity Procurement and Contracting
Affiliate Interests and Corporate/Subsidiary Relationships
Regulatory and Governance Board Management and Compliance Audits

Expert has over twenty-five years of management consulting experience in these areas. He provides expert witness services as an adjunct to his general management consulting practice of assisting clients on the same general topics.

Expert Witness Experience

Expert has provided expert witness testimony before regulatory commissions, federal and state district courts and a legislative committee in conjunction with law suits, rate cases and other regulatory proceedings:

Alaska Public Utility Commission - Contel rate case
California Senate Energy Committee – Pacific Gas & Electric financial crisis
California Public Utility Commission – Pacific Gas & Electric affiliate financial crisis
Connecticut Public Utility Commission – Southern Connecticut Gas affiliated interest proceeding
Connecticut District Court – Litigation support and expert witness for the State of Connecticut’s law firm in a lawsuit against a district energy subsidiary of an investor owned utility.
U.S. District Court - AT&T anti-trust trial
Florida Public Service Commission - setting of contributions-in-aid-of-construction
Guam Public Utilities Commission - Guam Power Authority rate case
Massachusetts Department of Public Utilities – NiSource/Bay State Gas Company rate case
New Mexico Public Service Commission - Public Service Company of New Mexico’s acquisition of the Gas Company of New Mexico
Tennessee Public Service Commission - United Cities Gas rate case
Texas Public Utility Commission – Xcel/Southwestern Public Service Company rate case

Litigation and Regulatory Support

Expert has provided litigation and regulatory support to law firms, company law departments and regulatory commissions in the following ways:

Provided litigation support to a law firm regarding gas commodity price overcharges to a mining company related to the California energy crisis.
Assisted a state Attorney General’s ratepayer advocacy agency with technical research and advice on two different gas company regulatory proceedings.

Assisted two different investor owned utilities defend themselves against proposed commission orders related to regulatory management audits.

Assisted a regional Bell holding company in its development of a new transfer pricing policy for corporate, regulated, and unregulated entities. The policy was designed to motivate rational economic behavior and to comply with all affiliated interest regulatory requirements.

Conducted a comprehensive management review of a large City Attorney’s office.

Participated in a national research study of performance based ratemaking for a consortium of investor owned utilities.

Assisted a large municipal airport determine the optimal terminal leasing model.

Developed contracting and procurement affiliate interest strategies for two different regional Bell holding companies.

Assisted a multi-state utility in developing a fair and acceptable affiliated interest policy and cost allocation methodology.

Prepared written testimony on behalf of three utilities and two commissions.

Assisted an investor owned utility prepare for a restructuring case by preparing “Red Team” (anticipating the opposition’s case) testimony and rebuttal testimony.

Regulatory and Governance Body Management and Compliance Audits

Expert has served as an engagement director, project manager or lead consultant on more than forty management and compliance audits and studies for regulatory agencies and governance boards. Examples are shown in the following table.

Iberdrola/Energy East/Southern Connecticut Gas Connecticut Department of Public Utility Control • Lead – System Operations, Workforce Planning and Management and Capital and O&M Budgeting 2009
Los Alamos Department of Utilities Los Alamos County Utility Board • Project Manager and Lead Consultant, Asset Management Program Development 2009
National Grid/Niagara Mohawk New York Public Service Commission • Performance and Results Management, Work Management and EDO Transformation 2009
Anaheim Public Utilities Anaheim Public Utilities • Lead – Meters and Meter Shops in an Electric and Water Revenue Process Audit 2009
Central Vermont Public Service Company Vermont Department of Public Service • Lead – Information Technology and Systems, Safety, Fleet Replacement and Leasing, Damage Prevention, Hiring Practices 2008
Lower Colorado River Authority Water and Wastewater Utilities LCRA Board of Directors • Lead – Compliance with Board policies, project management internal controls, external financing for capital projects and retail operations 2006
FirstEnergy Pennsylvania Operating Companies Pennsylvania Public Utility Commission • Lead – Affiliate relations and customer service 2006
SBC/Southern New England Telephone Company Connecticut Department of Utility Control • Lead – Customer service, nondiscriminatory requirements and competition 2005
Kentucky Utilities and Louisville Gas and Electric Kentucky Public Service Commission • Lead – Affiliate Relationships and Strategic Planning/Incentive Compensation Related to an Earnings Sharing Mechanism 2003/
Hartford Metropolitan District (Water, Wastewater and Solid Waste) Metropolitan District Board of Commissioners • Lead – Shared Services and Plant Operations. Support for Executive Management/Strategic Planning 2003
Tacoma Public Utilities City of Tacoma City Council and Board of Public Utilities • Lead – City/Utility Relationships and Shared Services 2003
United Illuminating Company Connecticut Department of Utility Control • Lead – Affiliate Relationships, Customer Services, Shared Services, and Energy Supply 2002
SBC/ Ameritech Merger Illinois Commerce Commission • Lead – Best practices, merger costs and savings, merger integration team analysis, other potential savings and savings quantification 2000 and 2001

Contracts, Contracting and Contractor Performance

Expert is an expert in contracting, contracts and contractor performance and management. He has developed specific expertise in energy procurement and contracting. Expert has in-depth experience in reviewing contracts, determining contract compliance and calculating damages related to non-compliance. Expert has studied and rendered opinions on contract compliance in the areas of gas commodity acquisition, gas commodity pricing, building leases, electric all requirements provisioning, construction and maintenance, affiliate relations (holding company/service company/operating company contracts), and others. These contract reviews have included engagements for law firms, utility company law and regulatory departments and state regulatory commissions. Expert has also conducted many relevant management consulting engagements on contracts, contracting and contractor management. Examples of his expert witness, litigation and regulatory support, and related consulting experience in these areas follows.

? Lead Consultant on a project for a major western energy company’s law department to audit a multi-year power purchase agreement worth one billion dollars per year. The study recommended multi-million dollar refunds and credits due to non-compliance. The study also included recommendations for improvements to the invoicing and approval process. The results of the audit were included in a multi-billion dollar global settlement of multiple law suits.
? Lead Consultant on a project for a northeastern law firm to audit a series of State contracts with a district energy company. The study focused on rate and invoicing compliance. The study identified multiple instances of non-compliance. The audit resulted in an Expert Witness Report filed in conjunction with the law suit to recover the multi-million dollar overpayments. The suit was settled before trial.
? Lead Consultant for a project for a major southwestern energy company’s law department in the examination of a series of contracts with affiliates and former affiliates. The contracts covered power purchases, transmission, pipeline operations, administrative services, fuel purchases and dispatch. The engagement identified multiple opportunities for improvement in contracting and contractor management.
? Lead Consultant in a project for a major Midwestern IOU in the development of a strategy for the acquisition of provider of last resort (POLR) power. The engagement considered all major power procurement contracting methodologies, including auctions and bilateral power purchase agreements.
? Lead Consultant in the areas of gas procurement, inter-company relationships and cash flows, and income taxes for an analysis of the Pacific Gas & Electric Company for the California PUC during the California energy crisis. The results of the study were presented as expert witness testimony to both the California PUC and the California Senate Energy Committee.
? Lead Consultant on a strategic examination of the status and results to date of deregulation and restructuring in the electric industry for a multi-state electric utility. The emphasis was on the Northeast and Midwest and included the effect of PJM, bilateral, auction and RFP power procurement and electric price trends under the various restructuring methods.
? Lead Consultant for gas supply planning and gas portfolio management for the Pennsylvania PUC sponsored management audit of the Philadelphia Gas Works. The study included the organization and staffing for gas supply, gas supply information systems, gas supply planning process, and the gas supply portfolio and hedging activity.
? Reviewed an “All Requirements” electric power supply contract in connection with a management audit of an investor owned transmission and distribution utility.
? Lead Consultant on a project to audit a multi-million dollar construction time and materials cAffiliate Interests and Corporate/Subsidiary Relationships

Expert has extensive experience with corporate/subsidiary relationships and affiliated interest issues and related topics over his career with electric, gas, and telecommunications companies and regulatory agencies. He has worked both for companies in assisting in their compliance with affiliate relationship rules and regulations and with regulatory commissions in determining compliance of companies with affiliate relationship rules and regulations. The scope of his experience includes affiliate legal entity organization structures, management organization structures, management models and incentive compensation programs, cost accounting and allocation, and codes of conduct. Expert has worked with many holding company/service company/operating company structures, including: NiSource/Bay State Gas, Integrys/Peoples Gas, National Grid/Niagara Mohawk, Pepco Holdings, Inc./Atlantic City Electric, Exelon/Commonwealth Edison, Xcel/Southwestern Public Service, CenterPoint/Texas Generating Company, Iberdrola/Energy East/Connecticut Natural Gas, Eon/Louisville Gas & Electric and Kentucky Utilities, New Jersey Resources/New Jersey Natural Gas Company, Vectren/Indiana Gas Company, FirstEnergy/its Three Pennsylvania Operating Companies, Qwest/Mountain Bell and AEP/Kentucky Power Company. Expert has assisted eight state regulatory commissions on affiliate issues. He is the co-author of, “The Regulation of Affiliate Interests,” published by Public Utilities Fortnightly. Examples of Expert’s expert witness and related management consulting experience follow:

? Lead Consultant in the management audit of affiliate relations of Southern Connecticut Gas for the Connecticut Department of Public Utility Control where he was responsible for reviewing the implementation of a new customer information system which was implemented by an unregulated affiliate. The study was presented in expert testimony to the DPUC.
? Lead Consultant in a risk assessment for an anticipated management audit of a Northeast gas distribution company for the area of the relationship between the regulated utility, its corporate parent, and a closely related nonregulated affiliate.
? Lead Consultant for affiliate relations in a management audit of the United Illuminating Company on behalf of the Connecticut DPUC.
? Engagement Director for a study of affiliated interests in the Glacier State Telephone's, a subsidiary of Continental Telephone Company, rate case for the Alaska Public Utility Commission. The study produced several precedent-setting recommendations for reduced rate requirements and improved regulation of affiliated interests. The study was presented in expert testimony before the Alaska PUC.
? Expert Witness on affiliated interests in the AT&T anti-trust trial. Testimony was based on the results of a study, conducted for the Florida PSC, of material supply, affiliated interests and cost allocations of four Florida telephone companies.
? Lead Consultant providing litigation support and affiliate interests expert witness testimony for Xcel Energy/Southwestern Public Service Company in a Texas rate case.
Interests and Corporate/Subsidiary Relationships

Expert has extensive experience with corporate/subsidiary relationships and affiliated interest issues and related topics over his career with electric, gas, and telecommunications companies and regulatory agencies. He has worked both for companies in assisting in their compliance with affiliate relationship rules and regulations and with regulatory commissions in determining compliance of companies with affiliate relationship rules and regulations. The scope of his experien

Expert may consult nationally and internationally, and is also local to the following cities: Albuquerque, New Mexico - Rio Rancho, New Mexico

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Year Degree Subject Institution
Year: 1974 Degree: MBA Subject: Business Administration Institution: Southern Methodist University Cox School of Business
Year: 1971 Degree: BS Subject: Industrial Management Institution: University of Akron

Work History

Years Employer Title Department Responsibilities
Years: 1989 to Present Employer: Undisclosed Title: President Department: Responsibilities: Expert personally provides expert witness and litigation and regulatory support services.

International Experience

Years Country / Region Summary
Years: 1995 to 1996 Country / Region: Guam Summary: Guam Power Authority rate case expert witness following management audits of the Guam Power Authority and Guam Telephone Authority.

Career Accomplishments

Associations / Societies
Institute of Management Consultants
New Mexico Angels
Licenses / Certifications
Certified Management Consultant by the Institute of Management Consultants
Professional Appointments
New Mexico Angels Board of Directors
Publications and Patents Summary
Author of a wide variety of articles and books dealing with public utilities, affilitate relationships, etc.

Fields of Expertise

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