Utilities, Energy Law and Telecommunications

Brydon, Swearengen & England P.C. represents clients in diverse and complex matters before the Missouri Public Service Commission, which has power to prescribe the rates, charges and business practices of public utilities doing business within the state of Missouri. The firm serves the telecommunications, electric, gas, sewer and water industries, including municipal utilities and water districts. Brydon, Swearengen & England P.C.’s utility practice also extends to other state agencies, as well as related litigation in State and Federal courts.

Brydon, Swearengen & England P.C. attorneys James C. Swearengen, William R. (Trip) England, III, Gary W. Duffy, Paul A. Boudreau, Dean L. Cooper, and L. Russell Mitten have been selected by their peers to be included in the 2011 edition of The Best Lawyers in America in the field of Energy Law.  Trip England is also listed in the field of Communications Law.

The breadth and depth of Brydon, Swearengen & England P.C.’s utility and telecommunications practice is found in few law firms. For decades, the firm’s attorneys have been involved in the development of seminal Missouri law in the utility and telecommunications areas. They have represented clients in hundreds of different cases before the Missouri Public Service Commission, including proceedings involving tariff provisions, rulemaking, arbitrations, rate filings, complaints, generic proceedings, accounting authorities, interconnection agreements, special contracts, certificates of convenience and necessity, financing, acquisitions and mergers, territorial agreements and appeals to courts from administrative decisions. The firm’s attorneys have also appeared at times before utility commissions in the neighboring states of Arkansas, Oklahoma, Iowa and Kansas.

The firm’s experience extends to practice before local political subdivisions with authority over utilities and circuit courts statewide. In that regard, Brydon, Swearengen & England P.C. attorneys have had significant involvement with obtaining, modifying and extending the term of municipal franchise agreements and obtaining utility corridor easements by exercise of eminent domain. Attorneys with the firm have also represented utility clients in proceedings before other state agencies in matters concerning sales, use and ad valorum taxation and environmental considerations.

Brydon, Swearengen & England P.C. provides a full range of services in regard to utility and telecommunications matters, including:

• Development of a regulatory strategy
• Preparation of applications to regulatory commissions
• Negotiations with regulatory commission staff and third party interveners
• Preparation of testimony in support of applications
• Representation at regulatory commission hearings, including cross-examination of adverse witnesses and oral argument
• Preparation of post-hearing briefs
• Bringing or defending against judicial review actions and appeals
• Contract and municipal franchise review
• Condemnation proceedings
• Monitoring and advising with respect to legislative initiatives of interest to the industry
• Transactional due diligence

Contact James C. Swearengen, Trip England, Paul Boudreau, Dean L. Cooper or Russ Mitten for more infomration.