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Dan H. McCrary

Partner Birmingham
(205) 226-3409
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Education
  • Cumberland School of Law
    J.D., 1980, Magna cum laude, Recent Decisions Editor, Law Review
  • Samford University
    B.A., 1977, Summa cum laude, Highest class GPA
Bar Admissions
  • Alabama, 1980
About Dan
He's a great resource and brings a very simple approach to problem solving.

- Chambers USA

Q&A
  • Which courts or agencies do you most often appear before on behalf of your clients?

    I have appeared many times before the Federal Energy Regulatory Commission and the Alabama Public Service Commission, but have also handled matters associated with regulatory orders at various federal and state appellate courts (primarily the D.C. Circuit and the Alabama Supreme Court).

  • What types of clients do you represent?
  • What do you find most exciting about your work?
  • What do you see on the horizon in your area of practice?
MORE ABOUT Dan
  • Market-Based Rate Proceeding:  Representation of affiliated companies in triennial screen filings and associated Section 206 proceeding regarding the retention of market based rate authority.  (2016, Alabama Power Company, et al., Docket Nos. ER10-2881-014 and EL15-39)
  • Renewable Resource Certification:  Represented utility company in proceeding before state PSC for authorization to secure rights to up to 500 MW of renewable energy and environmentally specialized generating resources.  (2015, Alabama Power Company, Docket No. 32382)
  • Section 206 Complaint: Represented affiliated companies in a coalition of affected parties in a Section 206 proceeding arising out of the integration of the Entergy system into MISO and resulting dispatch flows on neighboring systems.  (2015, Southwest Power Pool, Inc. v. Midcontinent Independent System Operator, Inc., Docket Nos. EL14-21-000, et al.)
  • Cost Recovery Rate Mechanisms:  Represented utility company in filings with the state PSC for expansion of cost recovery mechanism (also handled filing and approval of original mechanism).  (2015, Alabama Power Company, Docket Nos. 18117 and 18416)
  • Certification of Wind PPA: Represented utility company in proceeding before state PSC to certify a purchased power arrangement for up to 202 MW of energy from a wind project.  (2012, Alabama Power Company, Docket No. 31859)
  • Certification of Wind PPA: Represented utility company in proceeding before state PSC to certify a purchased power arrangement for up to 202 MW of energy from a wind project.  (2011, Alabama Power Company, Docket No. 31653)
  • Market-Based Rate Proceeding:  Represented affiliated companies in Section 206 complaint hearings involving claims of market power, including resolution through tailored mitigation in the form of an energy auction.  (2004-08, Southern Company Energy Marketing, Inc. et al., Docket Nos. EL04-124-000, et al.)
  • Power Pooling Contract:  Represented affiliated companies in Section 206 complaint proceeding challenging certain aspects of their pooling arrangement.  (2005-10, Southern Company Services, Inc. Docket Nos. EL05-102-000, et al.)
      Education
      • Cumberland School of Law, J.D., 1980, Magna cum laude, Recent Decisions Editor, Law Review
      • Samford University, B.A., 1977, Summa cum laude, Highest class GPA
      Courts
      • D.C. Circuit Court of Appeals, 1981
      • U.S. Supreme Court, 1989
      • U.S. Court of Appeals, Fifth Circuit, 1988
      • U.S. Court of Appeals, Eleventh Circuit, 1981
      • U.S. Court of Appeals, Ninth Circuit, 1988
      Bar Admissions
      • Alabama, 1980
      Professional Affiliations
      • Alabama Bar Association
      • Alabama State Bar
      • Birmingham Bar Association
      • Federal Energy Bar Association
      • Edison Electric Institute, Legal Committee
      Awards & Accolades
      • Chambers USA, Energy
      • AV-rated by Martindale-Hubbell
      • Super Lawyers, 2008 - Present
      • The Best Lawyers in America, Energy Law, 2010 - Present
      Community Involvement
      • Fixed Point Foundation, a 501(c)(3) ministry, Board Member
      • Mountain Brooks School System, Early Warning Panel, Mountain Brook School Advisory Board Member