Philip W. Mone | McCarter & English, LLP

Clients in the natural gas and electric utility sector rely on Philip to advance their objectives in litigation, transactional, and regulatory matters.

Philip Mone represents natural gas and electric utility clients before the Federal Energy Regulatory Commission (FERC) and federal appellate courts, particularly in rate-related litigation. Philip assists his natural gas clients with various rate, tariff, and rulemaking proceedings as well as confidential investigations. For his electric utility clients, he often represents them in proceedings pursuant to sections 205 and 206 of the Federal Power Act (FPA), including transmission and reactive power rate cases and rulemaking proceedings. Philip conducts audits, investigations, and compliance training programs for regulated entities on all facets of FERC’s regulations, policies, and rulemakings. Philip also advises investors in the natural gas and electric industries on transactional and regulatory issues.

Prior to entering private practice, Philip served as a trial attorney at FERC, representing the Office of Administrative Litigation. During this time, he served as lead counsel in a rate investigation under Section 5 of the Natural Gas Act (NGA) and as co-counsel in the hearing on electric utility return on equity as part of the landmark Coakley/New England Transmission Owners proceeding.

Philip is a frequent speaker at natural gas and electric utility industry events and recently served on the board of directors of The Charitable Foundation of the Energy Bar Association. Outside of his practice, Philip enjoys spending time with his wife and four young children, working in his yard, and rooting for New England sports teams.

Represented the Transco Municipal Group (an ad hoc group of municipal gas distributors in Alabama, South and North Carlina, the Municipal Gas Authority of Georgia, Richmond, VA and Easton, MD in the Transcontinental Gas Pipe Line Company, LLC rate case before the Federal Energy Regulatory Commission (FERC) in Docket No. RP24-1035. We negotiated a comprehensive settlement of the rate case (along with others) that significantly reduced the proposed rate increase for our clients and provides rate certainty through at least 2027 and possibly through 2030. The pipeline proposed rate increases that increased the clients’ fixed costs by as much as 50% (or by about $19 million) and proposed other changes that would have materially increased rates over a multi-year period through a cost-tracking mechanism. We negotiated a settlement of the rate case that reduced the rate increase, resulting in average annual savings of approximately $12.3 million compared to the filed rates, and preserved a favorable rate structure that had been opposed by other parties. In addition, the settlement eliminated the multiyear cost tracker and the thread of annual rate increases.

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.

Represented investors in electric industry assets in FERC’s review of mergers and acquisitions pursuant to Section 203 of the Federal Power Act.

Conducted an internal investigation related to winter storm Uri for a local distribution company.

Advised one of the largest municipal electric utilities regarding both FERC and non-FERC transmission and ancillary service rates.

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Representative Matters

Transco Municipal Group, Municipal Gas Authority of Georgia, Richmond, VA and Easton, MD—Settlement of pipeline rate case

Natural gas distribution company—Rate challenge

Investors—M&A matters

Natural gas distributor—Internal investigation

Municipal electric utility—Rate cases

Highlights

Recognitions