Litigation Support

An administrative law proceeding can easily become a flurry of papers and deadlines, especially in cases where a large number of intervenors are involved. EES Consulting staff has experience in managing the calendar and the paper flow in large cases. We set up docket systems that ensure that testimony is submitted, interrogatories answered and deadlines met. We review daily testimony transcripts to determine which areas need further attention. Finally, we provide follow-up monitoring in cases that are pending decisions or have been appealed.

Pacific County PUD

EES Consulting performed Pacific County Public Utility District’s pole attachment rate study, that was the subject of Comcast, et al vs. Pacific lawsuit, and appeared as the PUD’s rate experts at trial. EES provided technical support and research to the PUD’s legal representation. After several months of negotiations, mediation and ultimately litigation regarding Pacific PUD’s proposed pole attachment rate, the Washington State Superior Court ruled in favor of the PUD in its Findings of Fact and Conclusions of Law dated December 12, 2011.

PPL Montana

PPLM is involved in a dispute wherein PPLM is alleged to have engaged in wrongful conduct on State lands. The alleged wrongful conduct revolves around PPLM Missouri-Madison and Thompson Falls Projects. The State has asserted ownership of the streambeds and flooded lands used by these hydroelectric generation projects. For compensation, the State has asked for annual charges equivalent to the “full market value” for the past and present use of the impacted lands. PPLM retained EES Consulting to perform an independent third-party valuation of the lands to assist in determining the appropriate range of annual charges. EES Consulting participated on PPL Montana’s behalf in the negotiations and mediation processes prior to the court ruling on the case.