James H. Byrd | McCarter & English, LLP

Jim represents public gas systems in regulatory and transactional matters and counsels rural electric cooperatives and consumer advocates in a variety of electricity and gas transactions and proceedings.

James Byrd represents publicly owned gas systems and power generators served by more than a dozen pipelines located across the country in proceedings before the Federal Energy Regulatory Commission (FERC) and appellate courts. He also represents consumer advocates in a variety of regulatory proceedings involving retail gas and electricity suppliers.

His transactional work includes representing public gas systems in matters concerning the acquisition of gas supply, asset management, transportation services, and contracts involving service to end users. For electric power generators, he negotiates gas supply, storage, and transportation arrangements.

Prior to entering private practice in 1987, Jim served as Senior Attorney in the General Counsel’s Office of the Edison Electric Institute, where he focused primarily on regulatory and legislative matters.

Obtained a favorable ruling from the Federal Energy Regulatory Commission (FERC), rejecting a refund report submitted by a natural gas pipeline company. The FERC agreed with arguments presented in the gas company’s protest that the pipeline inappropriately applied the refund floor to limit the amount of refunds required to be paid to customers. It is expected that FERC’s ruling will increase the gas company’s refunds by approximately $1.9 million.

Obtained a favorable settlement for our public natural gas distributor client against an interstate pipeline that had requested a net triple-digit rate increase and numerous tariff changes that would have adversely affected service and imposed additional costs on affected customers, including our client. This was the first rate case filed by the pipeline in 17 years.

Obtained favorable rulings that rejected numerous tariff changes proposed by an interstate pipeline while opposing a significant rate increase.

Assisted a Florida power generator in negotiating natural gas transportation and gas supply agreements to support the development of a new gas-fired power plant, including agreements involving the construction of a new intrastate pipeline lateral and upstream capacity expansions on interstate pipelines.

Assisted a Florida city utility in negotiating agreements for natural gas transportation service involving the construction of a new intrastate gas pipeline, an interconnection to a new pipeline, and access to service on an upstream interstate pipeline.

Negotiated a settlement of a pipeline rate case for a public gas distributor that cut a proposed rate increase by 80 percent and resulted in revisions to the pipeline’s rate structure that should provide long-term cost reductions.