Duncan, Weinberg, Genzer & Pembroke (“DWGP”) has been helping communities and municipalities purchase and develop power generation and distribution since the Firm’s founding. We have helped communities organize themselves, carving out franchises from incumbent utilities, aggregating load, and organizing into local power districts and joint action agencies. Community Choice Aggregation (“CCA”) is an organizing principle in which a community can come together and pool its electricity load to purchase or develop power, which typically relies on renewable or clean energy. We have decades of experience in working with communities to form local energy agencies that can purchase electricity from multiple sources other than the local incumbent utilities. In regions such as California and New York, where solar choice has provided communities with a growing list of renewable energy options, we provide our clients counsel on regulations relating to electric retail delivery and in negotiations with electricity suppliers. We regularly represent local communities and municipalities at state commissions on rate matters as well as on policy issues such as the diversification of energy sources and energy choice. Community Choice Aggregation presents communities with many new choices to “green” their electricity supply, but there are also challenges in the form of state and local municipal regulations, financial viability, joint power procurement with other communities, and transactional matters. DWGP’s decades-long advocacy on behalf of municipalities has provided us with a broad understanding of a community’s unique concerns.
DWGP's community choice aggregation services include the following:
- Initial feasibility studies and business plans;
- Preparation of formal filings, and representation, at state and local commissions;
- Formation of the community choice aggregator entity, including drafting local legislation or rules;
- Resolving terms (including separation charges) for commencing service to incumbent utility customers;
- Stakeholder participation and customer outreach;
- Negotiation, enforcement, and litigation of contracts for energy procurement;
- Compliance with applicable state power supply resource standards and other state policy and regulatory compliance;
- Work with technical experts to develop appropriate CCA rate design models;
- Billing and other pass-through issues with incumbent utilities; and
- State and federal regulatory issues.
DWGP practices energy law at the federal level and at the state level. Many of DWGP attorneys have practiced law in diverse regions of the country and work with many local communities and municipalities. With over forty years’ experience in working with local municipalities and non-profit entities in many parts of the country, we have a unique insight in arriving at practical solutions for local communities.