Expert Witness & Regulatory Policy Support

EES Consulting has several professionals with a wide range of experience preparing and delivering expert witness testimony in various legal forums. Our senior staff is particularly familiar with public utility commissions and other regulatory bodies. Senior expert witnesses are supported by a team of economists and engineers who help them prepare and defend testimony, including answers to interrogatories and preparation of cross-examination. Our staff also assists legal professionals in preparing briefs and in formulating an overall litigation/technical strategy. While we do not present legal opinions, our research supports the lawyers with whom we work in providing legal advice to their clients. We also provide background information on companies and on individuals, including opposing expert witnesses, to locate areas of testimony that may provide exposure for cross-examination.

Areas where our expertise has recently been called upon include:

  • Engineering, environmental and financial due diligence in connection with the acquisition of large power projects and entire utility business units
  • Price and terms of new power, gas and water supply contracts
  • Interpretation of existing contracts
  • Disputes with tribal governments over, among other things, payment obligations related to the re-licensing of large hydroelectric projects
  • Technical assessment of utility-related construction
  • Valuation of utility property
  • Pole Attachment Rates
  • Industrial Customer Rate Negotiations

Ontario Energy Board

For this project, EES was contracted by OEB to provide expert advice on the principles, methodologies, filing requirements and model design related to new cost allocation studies for electricity distributors. EES also assisted in the review of the need for, and implications of, introducing new rate classifications for scattered unmetered loads, embedded distributors, larger General Service (“GS”) customers, and eliminating the legacy rate classification identified as “Time of Use”. In addition, surveys of cost allocation in other jurisdictions were performed, in the areas of distribution classification methods, customer cost allocation methods and the use of Peak Load Carrying Charges.

British Columbia Transmission Corporation

EES Consulting was retained by the British Columbia Transmission Corporation (BCTC) to provide analysis on the issue of the optimal timing and net benefit of the construction of the proposed upgrade to specific transmission lines. This analysis was used to support testimony before the BC Utilities Commission (BCUC). It was determined that BCTC would receive three main benefits from upgrading the transmission lines: increased resources available, increased trade revenues and reduced losses on the system. The analysis provided an analytical framework for determining the economic rationale behind the upgrading of the ILM transmission line and the optimal timing for this upgrade.

Washington Public Agencies Group

EES Consulting has been a consultant to BPA customer utilities since the 1980s. EES Consulting has provided research on precedence and analytical support to each of the 23 Western Public Agency Group utilities since 1987.  Because of our broad range of experience, we know the BPA issues that drive the agency’s operating costs and rate policies. EES Consulting supports legal staff with intervening in BPA rate cases on behalf of WPAG clients by analyzing the potential impacts of BPA policies and assisting utilities in planning for the operational, financial and regulatory impact of BPA policies.