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Dan H. McCrary
Partner
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T: (205) 226-3409
F: (205) 488-5886

DAN MCCRARY is a Partner in the Birmingham office, where he serves as Chair of the firm’s Energy Practice Group. Over the course of his career, he has had the opportunity to represent energy companies in a wide variety of regulatory, transactional and litigated matters. These include numerous proceedings before the Federal Energy Regulatory Commission involving (among other things) rate filings, complaints, market-based rate authority (including triennial screens and Delivered Price Test analyses), energy auctions, affiliate transactions, open access transmission tariffs, fuel buyout arrangements, transfers of jurisdictional property, self-reports, audits, and rulemakings. Mr. McCrary has comparable experience in the retail arena, having been directly responsible for proceedings before the Alabama Public Service Commission involving various rate and tariff filings, certification of new facilities, fuel clauses and other cost recovery mechanisms, and inquiries related to retail restructuring.

Along with his involvement in regulatory proceedings, Mr. McCrary has assisted clients in the negotiation and development of various contractual arrangements, including long-term wholesale power purchases and sales, short-term wholesale opportunity transactions, retail electric supply contracts, power pooling agreements, coal supply contracts, ancillary and support service arrangements, and generator access and interconnection agreements. He also provides ongoing advice and counsel for corporate clients concerning risk assessment and mitigation strategies, adapting to changes in the energy markets, compliance with energy laws and regulatory requirements, development and implementation of retail and wholesale RFP programs, RTO formation and other transmission-related issues, and legislative proposals and initiatives (federal and state).

As an outgrowth of the energy-related activities outlined above, Mr. McCrary has successfully handled a number of appellate proceedings (federal and state) associated with regulatory orders. He has also been involved in civil litigation and arbitration involving contract disputes, personal injury, bankruptcy and other issues pertaining to energy companies.

Representative Experience

    • Southern Company Services, Inc., Docket No. ER09-92
      (Cost-based rate tariff)
    • Southern Company Services, Inc, Docket No. ER09-88
      (Energy auction)
    • Southern Company Services, Inc., Docket No. EL05-104
      (Section 206 complaint)
    • Southern Company Services, Inc., Docket No. EL05-102
      (Section 206 complaint)
    • Southern Company Services, Inc., Docket No. ER96-780
      (Market-based rates)
    • Southern Company Services, Inc., Docket No. ER02-851
      (Open Access Transmission Tariff)
    • Standards of Conduct, Docket No. RM01-110 (Rulemaking)
    • Alabama Power Company, Docket Nos. 18117 and 18416 (Formula rate filings)
    • Alabama Power Company, Docket No. 18148 (Fuel adjustment clause)
    • Alabama Power Company, Docket No. 27785 (Plant certification)
    • Alabama Power Company, Docket No. 26115 (Contract certification)
    • Investigation into Restructuring in the Electric Utility Industry,
      Docket No. 26427
    • Alabama Power Company, et al. v. Federal Energy Regulatory Commission,
      220 F.3d 595 (D.C. Cir. 2000)
    • Alabama Power Company, et al. v. Federal Energy Regulatory Commission,
      160 F.3d 7 (D.C. Cir. 1998)
    • Gulf Power Company v. Federal Energy Regulatory Commission,
      983 F.2d 1095 (D.C. Cir. 1993)

PROFESSIONAL ACTIVITIES

  • Birmingham Bar Association
  • American Bar Association
  • Alabama State Bar
  • Federal Energy Bar Association
  • Legal Committee--Edison Electric Institute
  • Listed in Chambers USA, America's Leading Lawyers for Business, Energy
  • Listed in Super Lawyers, 2008-Present
  • Listed in The Best Lawyers in America, 2010-Present

 

McCrary, Dan H

Education

  • Cumberland School of Law, J.D., 1980, magna cum laude.
  • Samford University, B.A., 1977, summa cum laude.

Bar Admissions

  • Alabama, 1980

Court Admissions

  • Supreme Court of the United States, 1989