Negotiations & Mediations

Our team of professionals has been involved in negotiations ranging from small energy conservation programs to large combustion turbine and water treatment plant projects, and with counterparts at the table ranging from government agencies, such as the Bonneville Power Administration and British Columbia Hydro, to large private companies such as TransAlta Corporation and PacifiCorp. Always working with one or more lawyers skilled in contract matters, our staff provides valuable practical experience to ensure that the provisions of contracts meet the needs of our clients. We have also provided technical expertise for mediation and settlement negotiations.

PPL Montana

PPLM is involved in a dispute where 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 (Hydros). 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 these lands to assist in determining the appropriate range of annual charges compensation. EES Consulting participated on PPL Montana’s behalf in the negotiations and mediation process prior to the court ruling on the case.

Avista Corporation

Avista retained EES Consulting to provide analytical assistance in a dispute with the Coeur D’Alene tribe. Avista believed that it already possesses all the necessary authorizations and permits to use all flooded lands associated with the Post Falls hydroelectric dam. Avista and the Tribe stipulated to a basic methodology to determine any compensation called the shared net benefits (“SNB”) methodology. EES Consulting provided analysis and opinion of the proper application of the SNB methodology to the specific circumstances in this proceeding, the proper level of compensation due the Tribe (if compensation is deemed warranted) using the SNB method, and the proper level of prejudgment interest that should be paid to the Tribe, (if prejudgment is deemed warranted).