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ENERGY

Shute, Mihaly & Weinberger LLP represents clients on energy issues in conjunction with its land use and government practice. Clients have included both public agencies and community groups. 

• The firm represented Save Southwest Riverside County (SSRC), a local community group, in successfully opposing a San Diego Gas & Electric Company (SDG&E) plan to build a major 500 kilovolt transmission line through populated and scenic areas of Riverside County. The proposed routes crossed housing developments, school sites, recreational facilities, the region’s wine country, and the Great Oak Ranch, site of an ancient tree sacred to the Pechanga Band of Luiseno Mission Indians. The firm filed a formal protest to SDG&E's application at the California Public Utilities Commission (CPUC), retained and worked with technical experts to prepare testimony, filed numerous briefs and motions, advised SSRC throughout the CPUC's 2+ year administrative process and submitted claims for intervenor compensation on behalf of SSRC. The CPUC ultimately denied SDG&E's application because the utility had failed to meet its burden of demonstrating that the line was needed to ensure reliability. The CPUC also agreed with SSRC's argument and evidence that the line was not justified for economic reasons. Click here to review a copy of the PUC’s final decision.

• The firm represented a community group (California Alliance for Utility Safety and Education) before the California Public Utilities Commission in a rulemaking proceeding initiated by the Commission to study and recommend changes to its program regarding the undergrounding of electric and communications facilities.

• The firm was retained as counsel to the Low Income Governing Board (LIGB), an advisory body established by the California Public Utilities Commission, to oversee implementation of $200 million in low income energy assistance and energy efficiency programs in 1996. The firm drafted the LIGB’s charter, bylaws, and conflict of interest rules, and advised the Board on a wide range of issues including open meeting laws, public contracting, liability, conflict of interest issues, and various statutes relating to public utilities.

• The firm represented the City of Chula Vista in a proceeding before the state Energy Commission on San Diego Gas & Electric’s proposal to site a combined cycle power facility in the City. We retained technical consultants and worked with City staff to produce a comprehensive report identifying and analyzing the environmental effects of the project.

• The firm has advised Local Agency Formation Commissions on standards for special districts to provide energy.

• Attorneys from the firm addressed the California Public Utilities Commission (CPUC) Roundtable on CEQA and telecommunications at the CPUC. The firm presented an overview of CEQA and discussed how it should be used in the telecommunications marketplace to incorporate environmental concerns.
  

• The firm advised the City and County of San Francisco in connection with formation of a Municipal Utility District to provide electricity service.