Michael Postar

Experience

Mr. Postar joined the Firm in 1992. He serves clients both in litigation and consultation capacities in the areas of public utility and communications law. He represents states, municipalities, cooperatively-owned rural electric utilities and large energy users.

Mr. Postar's public utility practice includes representing clients in electric and hydroelectric matters. His electric practice includes the representation of a large group of California municipal utilities in litigation respecting the use, operation and charges for new transmission facilities. He also advises electric clients on wholesale power and transmission issues, including rates, terms and conditions of service and the requirements of state and federal regulations, laws and precedents, including the Federal Power Act, the Public Utility Regulatory Policies Act of 1978 and the Energy Policy Acts of 1992 and 2005. Mr. Postar also has experience with, and has analyzed, demand-side management programs and integrated resource planning processes. He advises clients on Reliability Standards, FERC enforcement proceedings and regulatory compliance programs. Mr. Postar's hydroelectric practice includes advising a state in the implementation of its hydroelectric licensing program and the development of applications for federal preliminary permits, licenses and transfers. His public utility practice involves representation before the Federal Energy Regulatory Commission, state regulatory authorities, industry transmission and reliability entities, and state and federal courts.

In communications, Mr. Postar provides advice to municipalities on cable, telephone and wireless communications. He also represents communities in the renewal of their cable franchises. In franchise renewals, he advises communities on renewal strategies, assists communities in the review of cable operator performance, develops public access programs, drafts model cable franchises that serve as the basis for negotiations with the cable operator and negotiates new agreements on behalf of the municipality. Mr. Postar's experience in the development of municipal cable systems includes preparing legal feasibility studies for fiber optic development and providing business advice on cable television and related communications services. He has represented dozens of municipalities in a variety of matters before the Federal Communications Commission, the New York State Commission on Cable Television and has made numerous presentations on cable matters to city, town and village officials.

Mr. Postar began his legal career in 1979 as a staff attorney with the Rhode Island Public Utilities Commission. He represented the State in natural gas, electric, cable television, telephone, water and transportation proceedings. In 1981, he joined the Federal Energy Regulatory Commission where he served until 1992 in various capacities, including assistant to the Chairman, supervisory trial attorney and attorney-advisor with responsibilities in electric, hydroelectric and natural gas proceedings.

Mr. Postar co-authored "Warren's Cable Regulation Manual," a comprehensive guide to rate regulation and enforcement of customer service standards under the Communications Act of 1934, as amended. He also co-authored two articles on nuclear power plant decommissioning, Nuclear News, November, 1989, March, 1990, has co-authored several articles on the implementation of the Cable Act of 1992, and has spoken on cable regulation.

Areas of Focus

Presentations & Publications

Presentations

• American Public Power Association, Industry Spotlight Series, National Conference June 2019, “Are Renewables Ruining the Organized Markets” (with Thomas Rudebusch, Jeff Genzer, Sean Neal)
• American Public Power Association, Industry Spotlight Series, National Conference 2018, “What Federal/State Jurisdictional Issues Mean for your System” (with Jeff Genzer, Thomas Rudebusch, Lisa Gast, Sean Neal)
• FERC Update, 2015 Annual Conference of the Colorado Association of Municipal Utilities, July 2015
• FERC Order No. 1000: Regional Transmission Planning Impact, American Public Power Association, Legal Seminar, October 2014
• Recent Activities at FERC and What it Means for Public Power in Colorado, 2013 Annual Conference of the Colorado Association of Municipal Utilities, July 2013
• FERC Electric Utility Formula Rates - A Practitioner’s Guide, American Public Power Association, Legal Seminar: Practice & Policy, October 2012, (with Joshua E. Adrian)
• Energy Imbalance Markets: Should Public Power be Concerned, 2012 Annual Conference of the Colorado Association of Municipal Utilities, July 2012, (Moderator)
• FERC Jurisdiction Over Municipal Utilities, Section 211(a) and Reciprocity - A Case of Mission Creep?, American Public Power Association, Legal Seminar, October 2007

Publications

• Warren's Cable Regulation Manual
• Michael Postar and Theodore J. Glick, Nuclear power plant decommissioning: The bottom line, Nuclear News, Vol. 32, No. 14, p. 42 (November 1989)
• Michael Postar and Theodore J. Glick, Debating Decommissioning Costs: Response, Nuclear News, Vol. 33, No. 3, p. 22 (March 1990)