Expert Details

Expert in Utilities and Energy Companies

Expert ID: 722966 Pennsylvania, USA

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Expert is skilled in high value contract negotiation as a counterparty to major petroleum, chemical and utility firms. He has represented financial firms, real estate managers, power plant developers and transmission providers. He has significant experience on both sides of business process outsourcing and its implementation including billing, contact centers, energy supply and management. He supported a two-year effort to maintain and grow large key commercial and industrial accounts. His allied responsibilities included the development of business models, negotiating positions, operations and support services for field forces, and regulatory support. This project resulted in the long-term retention of a significant majority of the client’s top 20 customers for periods of from 5 to 12 years.

Expert has been involved in the energy industry for over 30 years representing utilities, retailer energy providers and commercial and industry customers. He is skilled in the practical aspects of energy consumption for industrial, commercial, governmental and residential customers. His experience is supported by training as a mechanical engineer (he is licensed as a professional Engineer in PA and NJ). He has led projects in a wide variety of industries including petroleum, chemicals, glassmaking, non-woven fibers, food processing, casino-hotel, healthcare and commercial and residential real estate. He has a broad understanding of demand side measures that assist energy users in conserving and managing energy consumption without degradation of service or ability to produce their products or deliver their services. For commercial customers he has purchased large volumes of retail energy. He has assisted commercial and industrial clients in integrating on-site generating plants into its energy portfolio. On a theoretical basis he has prepared, analyzed and offered expert testimony in the utility forecasting of energy consumption.

Expert has a key understanding of utility and power generation energy economics having delivered expert testimony in a number of jurisdictions both for and opposed to utilities. He has a strong background in utility regulation and ratemaking coupled with broad experience as an operating manager at a utility and his consulting work with utilities and their customers and suppliers. Among his consulting areas is the competitive procurement of energy in deregulated environments. He has structured and executed competitive requests for proposals tailored to individual clients’ needs. Expert has prepared and defended on cross-examination long-term load forecasts and capacity plans. These load forecasts have covered residential, commercial, industrial and governmental load on a macro level. On a customer level, he has strong experience with load research, which measures customer load at discrete time intervals as short as 15 minutes and is used to build the customer load profile. Using his load research experience coupled with a corporate planning background, he has derived the key energy economics of businesses and processes rapidly.

Expert has a very wide ranging understanding and strong experience in utility operations, planning, financing and performance. As an operating manager with a utility, a vendor to utilities and a consultant serving utilities, energy retailers and their customers, he assisted clients in understanding the industry and forging strong relationships among the players. For the export development arm of a European government he has been engaged to develop and present to potential exporters of products and services a seminar detailing the cultural and business practices of North American utilities. For a high technology transmission and distribution equipment supplier, Expert supported an effort to accelerate market acceptance of the product. He analyzed the technology, application and marketing approach. Significant results included an in-depth analysis of a key stumbling block inhibiting early entry into a key candidate utility. For a major financial institution, Expert acted as project manager and subject matter expert to refine and implement a new inclusive consumer-billing medium for energy retailers. The engagement included the definition of the value chain, regulatory impacts, and the development of a marketing strategy and marketing implementation plan. For a major call center provider, Expert acted as the liaison with energy retailers seeking to outsource their call and contact center function. He also established business models, performance standards, fulfillment arrangements, pricing, emergency operating response, and contractual arrangements.

Expert acted as the lead witness in a long-term system planning regulatory investigation. He coordinated and had significant impact on load forecasting, demand side management, customer generation and its application to utility operations, utility owned and independent generation, and transmission planning. Expert has developed new projects and acquisitions, negotiated power purchase agreements, energy services agreements, fuel supply issues, site leases, and analyzed project financial positions. He successfully negotiated one of the first competitively bid power sales agreements with a public power entity and obtained the first IRS private letter ruling for a tax-exempt independent power financing. Expert led the filing of New Jersey’s first Notice of Intent for a Certificate of Need for a combined cycle power plant. He acted as the coordinator both internally and externally. Working with the NJBPU, he the led the utility’s development of its filing as the NJBPU was simultaneously developing its procedures and processes. This effort demonstrates his grasp of all aspects of energy supply, as it required a full examination of all alternatives to the subject power plant. Expert negotiated over 800 MW of long-term power purchase agreements with an aggregate value of over $9 billion, including developing significant dispatchability provisions. Unique to these arrangements were special contractual terms to ensure that the utility purchaser could depend on the full rated capacity of the power plant and a “takeover” clause to prevent non performance by the operator.

Expert led the filing of New Jersey’s first Notice of Intent for a Certificate of Need for a combined cycle power plant. He acted as the utility’s coordinator both internally and externally. Working with the NJBPU, he the led the utility’s development of its filing as the NJBPU was simultaneously developing its procedures and processes. The filing demonstrated the interrelationship between supply side generation and demand side conservation and efficiency measures. For this filing, Expert drew upon his experience as a member of the Electric Power Research Institute’s Planning Methods Committee. He was invited to join the New Jersey Board of Regulatory Commissioners Advisory Council on Electricity Planning and Procurement to transfer his knowledge of utility and independent power generation and development.

As both a participant and as a consultant, Expert has conceptualized, structured, developed, negotiated, and implemented a number of joint ventures in the utility, retail energy, financial services, customer service, petroleum, chemical and food processing industries. He has played a key role in the initial development of new retail ventures and the revitalization of existing outsourcing ventures.

Expert has over 20 years experience in land use planning. He is registered (although inactive) as a Professional Planner in New Jersey and as a Professional Engineer in Pennsylvania and New Jersey. Drawing upon his coursework at Rutgers University, he has been Chairman of a Zoning Board of Adjustment in a developing community responding to the advent of casino gambling. He has also been Vice Chairman of a Planning Commission in mature community that includes a portion of Levittown (PA) along with significant commercial regeneration activity. This wide range of experience has been applied as a consultant and operating manager to the permitting of sites for transmission lines, power generation facilities and on-site cogeneration installations. Expert has a strong ability to work with the community during public sessions to achieve positive feelings among the participants. Although appeals have been taken on a few occasions, no decision of his has ever been overturned, and his opinion in a major case was cited by the judge on appeal in depth.

Expert acted as the lead witness in a long-term system-planning subdocket. He coordinated and had significant impact on load forecasting, demand side management, customer generation and its application to utility operations, utility owned and independent generation, and transmission planning. He led the filing of New Jersey’s first Notice of Intent for a Certificate of Need for a combined cycle power plant. He acted as the utility’s coordinator both internally and externally. Working with the NJBPU, he the led the utility’s development of its filing as the NJBPU was simultaneously developing its procedures and processes. The filing demonstrated the interrelationship between supply side generation and demand side conservation and efficiency measures. For this filing, Hoard drew upon his experience as a member of the Electric Power Research Institute’s Planning Methods Committee. As a result of his varied experience, Expert was invited to join the New Jersey Board of Regulatory Commissioners Advisory Council on Electricity Planning and Procurement to transfer his knowledge of utility and independent power generation and development.

Expert has drawn on his American Arbitration Association training in arbitration and mediation to formally and informally resolves disputes. He has used this experience to resolve issues arising in land use planning cases in both developing and mature communities. As the sole arbitrator, Expert presided over an issue of energy price escalation with a value of over $1,000,000 annually. The arbitration included case management, discovery, depositions, extensive document exchange, six witnesses and a full briefing process. As defined in the parties’ initial power purchase agreement, the arbitrator had to render a fully detailed decision in order for the parties to continue their business relationship for the eight years remaining under the agreement. As chairman of a panel of three arbitrators, Expert was instrumental in the parties resolving a landlord tenant dispute over electrical submetering. The amount in question exceeded $750,000.

As a lead consultant, Expert supported a two-year effort to maintain and grow large key commercial and industrial accounts. His allied responsibilities included the development of business models, negotiating positions, operations and support services for field forces, and regulatory support. This project resulted in the long-term retention of a significant majority of the client’s top 20 customers for periods of from 5 to 12 years.For two utility clients he acted as project manager and subject matter expert on a joint client-consultant team comprised of 40 people. The engagement included customer management systems, contact (call) centers, new products and services, technology planning, and financial modeling of the venture. This project resulted in the creation of a new business entity for the energy industry. For four years and continuing, Expert has performed a process review and developed and executed a procurement process for electric supply in a deregulated environment for a residential real estate holding company. For a major credit card issuer he acted as project manager and subject matter expert to refine and implement a new inclusive consumer-billing medium for energy retailers. The engagement included the definition of the value chain, regulatory impacts, and the development of a marketing strategy and marketing implementation plan. For a public power utility consortium, Expert examined forward-looking marketing and financial plans, confirmed direction with the Board of Directors, assisted senior management to revise its strategic and operational plans and presented a recommendation for the future actions of the enterprise for consideration by the Board of Directors. Specific results included the revitalization of the existing management team, the Board of Directors’ adoption of that team’s strategic plan with a commitment to move forward and the immediate authorization of bonuses for the management team for its efforts.

Expert may consult nationally and internationally, and is also local to the following cities: New York, New York - Yonkers, New York - Newark, New Jersey - Jersey City, New Jersey - Paterson, New Jersey - Elizabeth, New Jersey - Trenton, New Jersey - Philadelphia, Pennsylvania - Allentown, Pennsylvania - Stamford, Connecticut

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Education

Year Degree Subject Institution
Year: 1978 Degree: MS Subject: Engineering Management Institution: Drexel University
Year: 1971 Degree: BS Subject: Mechanical Engineering Institution: Carnegie Mellon University

Work History

Years Employer Title Department Responsibilities
Years: 1994 to Present Employer: Undisclosed Title: Principal Department: Responsibilities: As a Principal at Energy Tactics & Services, Inc. Expert has led and/or participated in consulting projects to develop, design, optimize and implement both traditional utility operations and e-commerce businesses. He has structured operating elements and business ventures, negotiated high value medium and long-term contracts, and implemented business systems, operating functions and profit centers. He has assisted new entrants to develop products and services for introduction to the utility and energy marketplace. He has also acted as an expert witness and arbitrator in a number of utility and regulatory areas and has extensive experience in regulatory relations.
Years: 1990 to 1994 Employer: Cogeneration Partners of America Title: VP Business Development Department: Responsibilities: For an independent power producer he developed new projects and acquisitions, negotiated power purchase agreements, energy services agreements, fuel supply issues, site leases and analyzed project financial positions. He successfully negotiated one of the first competitively bid power sales agreements with a public power entity and obtained the first IRS private letter ruling for a tax-exempt independent power financing.
Years: 1987 to 1990 Employer: Atlantic City Electric Company Title: Manager Contract Capacity Department: Responsibilities: As operating manager for a New Jersey utility, Expert negotiated over 800 MW of power purchase agreements with an aggregate value of over $9 billion, including developing significant dispatchability provisions. He obtained required regulatory approvals of these contracts in record time.

As an operating manager for a New Jersey utility he obtained regulatory approvals for a 230 kV transmission line and three major substations during a period of high public concern over EMF.

Working in conjunction with a major energy producer and refiner, Expert acted as the project manager for a cogeneration facility study for a major refinery, which led to the construction of a 60 MW facility.

As a utility’s project manager he led the filing of New Jersey’s first Notice of Intent for a Certificate of Need for a combined cycle powerplant. Working with the regulatory commission, the utility developed its filing as the commission was simultaneously developing its procedures and processes.
Years: 1983 to 1987 Employer: Atlantic City Electric Company Title: Manager Corporate Planning & Performance Department: Responsibilities: As a utility’s special projects manager he created the utility’s process for responding to the state’s first legislatively mandated management audit. He developed a series of processes to coordinate, track, document, and respond to sensitive issues on an expedited basis.

As a planning manager for a utility he directed corporate financial planning encompassing both major and minor forecasts and studies including presentations for the Board of Directors and the financial community.

As a utility’s operational planner he coordinated and had significant impact on load forecasting, demand side management, customer generation and its application to utility operations, utility owned and independent generation, transmission and distribution planning, and customer service performance levels. He consulted and provided expert testimony on these interrelated areas.

He structured and performed distribution operations analyses including an evaluation of emergency operating and response capabilities.

He led a corporate team generating key performance indicators for over 60 utility operating areas and integrated the KPI into a new compensation and performance enhancement package.
Years: 1980 to 1983 Employer: Atlantic City Electric Company Title: Manager Rate Design Department: Responsibilities: As regulatory manager for a New Jersey utility, Expert was responsible for regulatory liaison and rate design for all customer classes including cost of service and tariff design. He provided expert testimony on rate design, load research, economic impacts, and all PURPA issues.

As a utility’s operational planner he coordinated and had significant impact on load forecasting, demand side management, customer generation and its application to utility operations, utility owned and independent generation, transmission and distribution planning, and customer service performance levels. He consulted and provided expert testimony on these interrelated areas.
Years: 1978 to 1990 Employer: Atlantic City Electric Company Title: Supervisor production Technical and Economic Services Department: Responsibilities: As an operating manager for a utility he managed PJM Interconnection power purchase (interchange) pricing, performance testing of power plants and contract renegotiation and subsequent management of the company's unregulated cogeneration contract with the DuPont Company.

As an emergency assignment he acted as special liaison between system operations and customer communications to avert significant customer disruptions due to a potential generation and transmission system failure.
Years: 1975 to 1978 Employer: DeLaval Turbine Title: Project Manager Department: Responsibilities: As a project manager, Expert prepared proposals, met with prospects, negotiated contract terms, and designed utility generation equipment for both the electric utility and petrochemical industries.
Years: 1973 to 1975 Employer: Bickley Furnaces Title: Engineer Department: Responsibilities: As project engineer he designed high temperature industrial furnaces for the ceramics and metalworking industries.

Government Experience

Years Agency Role Description
Years: 2005 to 2005 Agency: Michigan Attorney General Role: Expert Witness Description: For the Attorney General of Michigan Expert provided rate design and cost of service testimony for a Michigan utility ratecase. He directed discovery on a wide range of issues. These issues included cost allocation and the impact of competition. He reverse engineered the utility's model and then constructed a working cost of service model from limited discovery information including finding flaws in the Company’s filing. The testimony he submitted covered cost of service, billing determinant estimates and power supply allocation.
Years: 2004 to 2005 Agency: Maine Public Advocate Role: Expert Witness Description: For the Public Advocate of the State of Maine he evaluated the impact of a Commission initiated proposed cast iron gas main accelerated replacement program. As a three member joint team, they prepared and submitted broad testimony covering operational, safety and economic issues. The final result was a negotiated settlement limiting the near term impact on existing customers.
Years: 1992 to 1993 Agency: New Jersey Board of Public Utilities Role: Committee Member Description: During his tenure as Vice President Business Development for Cogeneration Partners of America, Expert was solicited by the Staff of the NJBPU to serve on Commissioner Armenti’s advisory council on capacity planning. He served as one of the IPP representatives on this council providing his viewpoints as a developer and also his experience as a utility operating manager, buyer, and negotiator.
Years: 2001 to 2002 Agency: Enterprise Ireland Role: Seminar Leader and Presenter Description: For Enterprise Ireland, the export development agency of the Irish government, he developed and presented a symposium on the North American utility industry and the means and methods to approach and succeed in the marketplace.

International Experience

Years Country / Region Summary
Years: 2001 to 2002 Country / Region: Ireland Summary: For the export development agency of a European government, Expert developed and presented a symposium on the North American utility industry and means and methods to approach and succeed in the marketplace.
Years: 1996 to 1997 Country / Region: Canada Summary: For an over one-million-customer North American public power company, he managed (and acted as a subject matter expert) a call center performance review leading to a major consolidation of 28 sites into four physical call centers. A follow-on engagement developed the implementation plan covering emergency response issues, human resources, customer care, new infrastructure, and network integration.

Career Accomplishments

Licenses / Certifications
Expert is a Professional Engineer licensed in both Pennsylvania and New Jersey. He is also a professional (Land Use) Planner licensed in New Jersey (inactive).
Professional Appointments
He served as a member of New Jersey Board of Regulatory Commissioners Advisory Council on Electricity Planning and Procurement. He has been a member of the Electric Power Research Institute's Planning Methods Committee. He is Vice Chairman of the Middletown, PA Planning Commission.
Publications and Patents Summary
He is the author of one article.

Additional Experience

Expert Witness Experience
As Manager of Rate Design, Expert was responsible for regulatory liaison and rate design for all customer classes including cost of service and tariff design. He restructured and expanded the Rate Design department, developed a rate design strategy and implemented numerous changes to the ratemaking process within Atlantic Electric. Various ratecases included the movement of three nuclear units into ratebase and/or the energy adjustment.

He directly supervised the Cost of Service process and was instrumental in changing the Company’s power supply cost allocation to reflect modern realities. In response to both PURPA and regulatory needs he developed the load research function from scratch including the Company wide adoption of supporting software (Lodestar). He provided expert testimony on rate design, load research, and economic impacts. On his own initiative he developed a system designed to rapidly and accurately implement the final rate change that resulted in a six-figure instantaneous revenue increase.

Expert was a witness in the PURPA proceeding (rate design, lifeline and cogeneration) at the NJBPU. He developed studies and testimony to support the Company’s focus on the development and protection of high load factor customers. He also developed rate schedules for unmetered loads and streetlighting that reduced costs and encouraged energy conservation. He developed the Company’s position for cogeneration, both large and small.

In response to an aggressive intervention by the New Jersey Public Advocate he acted as the lead witness in the long-term system-planning subdocket. He coordinated and had significant impact on load forecasting, demand side management, customer generation and its application to utility operations, utility owned and independent generation, and transmission planning.

As a potential expert witness for a major energy company, Expert analyzed historical procurement practices of a key competitor and provided critical insight for the client’s evolving regulatory strategy before the FERC.

As President of the Mid Atlantic Independent Power Producers’ (a trade association), he led a regulatory intervention at the Maryland Public Service Commission to open the wholesale marketplace to competition. For the MAIPP he acted as its expert witness in the case, which resulted in a competitive procurement order by the commission. His accomplishments included creating a coalition to fund the intervention, determining its goals and strategies, engaging counsel and regulatory liaison.

For the Public Advocate of the State of Maine, Expert evaluated the impact of a Commission initiated proposed cast iron gas main accelerated replacement program. As a three member joint team, they prepared and submitted broad testimony covering operational, safety and economic issues. The final result was a negotiated settlement limiting the near term impact on existing customers.

For the Attorney General of Michigan he provided rate design and cost of service testimony for an electric ratecase. He directed discovery on a wide range of issues. These issues included cost allocation and the impact of competition. He reverse engineered the utility's model and then constructed a working cost of service model from limited discovery information including finding flaws in the Company’s filing. The testimony he submitted covered cost of service, billing determinant estimates and power supply allocation.
Training / Seminars
For the export development agency of a European government, Expert developed and presented a symposium on the North American utility industry and means and methods to approach and succeed in the marketplace.

For the wireless subsidiary of a major telecommunications company, he prepared and presented a program to assist Data Account Managers to approach the utility marketplace. In conjunction with the client a number of possible service offerings were developed.

As a utility’s special projects manager, Expert created the utility’s process for responding to the state’s first legislatively mandated management audit. Developed a series of processes to coordinate, track, document, and respond to sensitive issues on an expedited basis.
Vendor Selection
For four years and continuing, Expert performed a process review and developed and executed a procurement process for electric supply in a deregulated environment for a residential real estate holding company.

For a commercial real estate management company, he performed an evaluation of a distributed generation proposal including a site survey, cost benefit analysis and detailed operational and contract review.

For a hospital infrastructure provider, Expert analyzed competitive utility rate structures and offerings.

As operating manager for a New Jersey utility, he negotiated over 800 MW of power purchase agreements with an aggregate value of over $9 billion, including developing significant dispatchability provisions. Obtained required regulatory approvals in record time.
Marketing Experience
For two utility clients, Expert acted as project manager and subject matter expert on a joint client-consultant team comprised of 40 people. The engagement included customer management systems, contact (call) centers, new products and services, technology planning, and financial modeling of the venture. This project resulted in the creation of a new business entity for the energy industry.

For a high technology transmission and distribution equipment supplier, he supported an effort to accelerate market acceptance of the product. He analyzed the technology, application and marketing approach. Results included an in-depth analysis of a key stumbling block inhibiting early entry into a key candidate utility.

For an independent power producer, Expert developed new projects and acquisitions, negotiated power purchase agreements, energy services agreements, fuel supply issues, site leases and analyzed project financial positions. He successfully negotiated one of the first competitively bid power sales agreements with a public power entity and obtained the first IRS private letter ruling for a tax-exempt independent power financing.

For a major financial institution, he acted as project manager and subject matter expert to refine and implement a new inclusive consumer-billing medium for energy retailers. The engagement included the definition of the value chain, regulatory impacts, and the development of a marketing strategy and marketing implementation plan.

For a major call center provider, Expert acted as the liaison with energy retailers seeking to outsource their call and contact center function. He also established business models, performance standards, fulfillment arrangements, pricing, emergency operating response and contractual arrangements.
Other Relevant Experience
As a lead consultant for an East Coast electric utility, Expert supported a two-year effort to maintain and grow large key commercial and industrial accounts. His allied responsibilities included the development of business models, negotiating positions, operations and support services for field forces, and regulatory support. This project resulted in the long-term retention of a significant majority of the client’s top 20 customers for periods of from 5 to 12 years.

For a large electric utility, he supported an extensive review of future opportunities for customer account services. Important areas included definition of present and future activities, construction of possible scenarios, applicability of present internal costs, external competition, needs of future customers, and business development and investment opportunities.

Fields of Expertise

contract negotiation, energy consumption, energy economics, energy industry behavior, energy supply, energy-efficient power utility resource planning, energy efficiency evaluation, measurement & verification, joint venture, land planning, power utility resource planning, arbitration, public utility, utility rate, tenant dispute, landlord dispute, Internal Revenue Service, hotel valuation, business analysis, econometrics, electricity market restructuring, power market development, index pricing, forward pricing, economic market development, energy market development, electricity price, natural gas price, Federal Energy Regulatory Commission, energy market analysis, natural gas industry, mediation, business development, business strategy, business operations, purchasing, heat rate control, heat rate, project execution planning, project review, business management, Electric Power Research Institute, peak shaving, organization redesigning, fossil-fueled steam generation, Microsoft Project Manager, project cost management, utility load leveling, natural gas energy, electric power generation equipment, utility steam generation, electricity conservation, facility evaluation, fossil fuel electric energy generation, project cost control, project cost estimation, engineering economics, technoeconomic evaluation, economics, cost reduction, utility cost analysis, utility scheduling, utility system, operating cost analysis, operating cost, contract, fixed cost, cost analysis, electric power system planning, product cost reduction, electric energy generation, energy-efficient cogeneration, electricity demand-side management, energy generation, cost estimation, pollution, business system design, cost-benefit analysis, computer spreadsheet, electric current energy, cost, life-cycle costing, electric power utility, electric power, cost control, critical path method, decision-making, energy system, energy efficiency, coal, generating station, engineering, energy, project scheduling, project planning, project management, capacity planning, natural gas, fossil fuel environmental effect, fossil fuel, facility management, engineering cost, energy conservation, electric power plant, economic analysis, decision support system, computer software, cogeneration, business process re-engineering, activity-based costing

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