Jim Beh represents electric utilities, merchant generators, power marketers, and other entities in complex litigation and compliance matters before the Federal Energy Regulatory Commission. Representative matters include:
a large supplier in the "LICAP" proceeding concerning the development of restructured capacity markets in New England
a merchant generation company in the California refund proceeding and related litigation matters before the FERC arising out of the California Energy Crisis and
a large regional utility holding company in one of the first proceedings involving FERC's market-based rate standards to be the subject of a full evidentiary hearing.
Over the past 20 years, Jim has represented clients in scores of FERC rate cases, complaint proceedings, investigations and audits, rulemakings, and appellate matters arising out of administrative actions. Jim also has assisted clients in navigating the evolving standards regarding electric power suppliers ability to sell power at market-based rates. He has prepared successful applications on behalf of power marketers and owners of generation assets for market-based rate authorization for wholesale sales of electric energy, capacity, and ancillary services.
With regard to mergers and acquisitions in the utility industry, Jim has successfully obtained FERC approvals for numerous transactions and has counseled electric utilities and other clients regarding regulatory issues impacting potential acquisitions, mergers, and other transactions. Representative matters include the:
acquisition of Texas-New Mexico Power Company by PNM Resources (2005)
proposed acquisition of UniSource Energy by Saguaro Utility Group, L.P. (limited partnership owned by entities affiliated with Kohlberg Kravis Roberts & Co., J.P. Morgan Partners, and Wachovia Capital Partners) (2004)
acquisition of Illinois Power Company by Ameren Corporation (2004)
acquisition of Citizens Utilities Arizona Electric and Gas assets and operations by UniSource Energy (2003)
acquisition of AES NewEnergy by Constellation Energy Group (2002) and
merger of Illinova Corporation and Dynegy Inc. (1999).
Jim also has obtained required regulatory approvals for transactions involving the sale or lease of more than 11,000 MW of generation assets in separate transactions in California, New England, New York, and the Mid-Atlantic region.
Jim is a member of the American Bar Association (Sections on Public Utility Law; Natural Resources, Energy and Environmental Law; and Energy Litigation) and the Energy Bar Association.