Regulated Industries
Since Balch & Bingham's inception, we have represented companies and individuals in highly-regulated industries. Through our decades of experience, the Firm has developed a particular expertise in representing clients before government agencies and boards, administrative courts, and traditional courts. For instance, since its inception, Balch & Bingham has represented electric utility clients in a wide variety of regulatory matters, labor and employment matters, litigation and contract negotiations, including representations before various Public Service Commissions and the Federal Energy Regulatory Commission.
Over time, we have broadened our regulated industries practice to financial institutions, telecommunications companies, gaming businesses, healthcare providers, and insurers -- performing the same variety of tasks -- often before the same (or similar) regulatory bodies. An example would be our significant work in the “joint use” context, involving the often heavily regulated relationship between electric utilities (as pole owners) and cable/communications companies (as third-party attachers).
Balch & Bingham attorneys work as “team members” with our clients on a wide variety of issues, ranging from day-to-day counseling to long term planning. It is our goal to be a proactive contributor to our clients' businesses, not just a reactive legal advisor. We are a part of the various industries we serve, writing and lobbying for key legislation and actively participating in trade associations. We function as a counselor who not only helps clients in times of crisis, but also plays a significant role in a planning and preventive capacity to avert or mitigate potential legal crises. We understand that, as regulated industries, our clients have a long term view and a long term relationship with their regulators.
REPRESENTATIVE EXPERIENCE
Energy:
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Successfully represented Public Utility before FERC in dispute over forward power contracts worth in excess of $300 Million.
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Represented numerous entities in FERC related matters for over 75 years, including matters involving:
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regulations governing transmission service and interconnection regulations affecting generation assets, transactions, and corporate transfers
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FERC Standards of Conduct
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FERC reliability rules and standards under NERC
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FERC regulations governing corporate matters for energy companies
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FERC requirements for the reporting of energy transactions
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Energy company affiliate relationships and interactions
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State public utility Integrated Resource Planning
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State public utility competitive solicitation (RFP) processes
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State public utility fuel cost recovery
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State public utility environmental compliance cost recovery
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State public utility rate design
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State public utility service regulations and tariff requirements
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Representing the applicant for an early site permit and proposed applicant for a combined operating license for two advanced light water reactors.
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Represented the successful applicant for renewed facility operating licenses
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Represented successful applicants for the transfer of operating licenses to new owners and new operators of nuclear power plants.
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Represented clients in enforcement proceedings by the NRC, investigations by NRC, the Department of Labor and state agencies, particularly proceedings initiated pursuant to the provisions of the Atomic Energy Act and the Energy Reorganization Act.
Environmental:
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Obtained dismissal of challenges to solid waste landfill permit.
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Obtained dismissal of administrative challenge to the issuance of an NPDES permit.
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Obtained dismissal of challenge to water quality certifications authorizing the relicensing of seven hydroelectric dams on the Coosa and Black Warrior Rivers in Alabama.
Financial Services and Insurance:
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Prepared registration statements on Form ADV, advisory contracts, codes of ethics and other compliance procedures.
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Obtained fiduciary powers from appropriate regulatory authorities
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Represented depository institutions, as well as their holding companies and subsidiaries, with respect to the sale of insurance products and securities. Including (among other things):
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Licensed entities and individuals with state and federal securities regulators, the NASD and state insurance regulators
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Prepared for, and responded to, regulatory examinations
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Prepared or reviewed initial and amended fund registration statements, shareholder reports and proxy materials.
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Represented clients before the SEC, NASD and other regulatory entities on requests for no-action or exemptive relief and in compliance examinations.
Gaming:
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Assisted casino gaming operators, manufacturers and distributors of gaming equipment, and associated individuals in obtaining the respective licenses and findings of suitability from the Mississippi Gaming Commission necessary to engage in gaming operations in State of Mississippi.
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Facilitated the passage of 2005 legislation permitting land-based gaming on the Mississippi Gulf Coast.
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Successfully defended casino operators and progressive system operators in disputes with customers claiming large jackpot winnings before the Mississippi Gaming Commission.
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Represented gaming companies in their acquisition of gaming properties in the State of Mississippi and associated financing transactions, as well as the sale of gaming properties in the State of Mississippi.
Healthcare:
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Obtained Certificates of Need and Letters of Non-Reviewability on behalf of healthcare clients in three different states for a variety of facilities.
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Assisted with Cost Report Appeals and Payment Denials
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Obtained Medicare/Medicaid Certification
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Opposed Applications for Unnecessary Facilities
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Prepared Healthcare Compliance Plans & HIPAA
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Conducted Compliance Audits and Investigations
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Assisted with Provider Appeals
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Defended Appropriate Claims Denials
Joint Use and Telecommunications:
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Negotiated numerous attachment agreements between IOU/electric cooperative pole owners and various attachers.
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Negotiated numerous joint use agreements between IOU/electric cooperative pole owners and ILECs
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Successfully argued to Eleventh Circuit, that the 1996 Telecommunications Act provision requiring that utilities grant attachers access created a taking of utilities’ pole space.
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Successfully argued to Eleventh Circuit to overturn FCC rulings that utilities must expand capacity in order to allow more attachers and that the Act applies to attachments to transmission facilities.
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Successfully argued to the Eleventh Circuit in appeal of three FCC rulemaking orders, that all attachers should be counted when allocating unusable space in the Telecom Rate.
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Representing various entities in FCC Broadband and Pole Attachment NPRMs.
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Represented IOU in the only full-scale pole attachment hearing (to date) at the FCC.
Labor & Employment
Regulated Industries
REPRESENTATIVE CLIENTS
- Alabama Power Company
- Bank of Wedowee
- BBVA Compass Bank
- Frontier National Bank
- Georgia Power Company
- Gulf Power Company
- HealthSouth Corporation
- International Game Technology
- Mississippi Power Company
- Nexity Bank
- NV Energy
- Oncor Electric Delivery
- Premier Entertainment Biloxi, LLC
- Regions Bank
- Silver Slipper Casino Venture, LLC
- Southern Company
- Superior Bank
- Tropicana Casinos and Resorts, Inc.
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