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Barnes & Thornburg LLP

The Energy, Telecommunications and Utilities Department of Barnes & Thornburg has a water and wastewater practice that spans the entire spectrum of utility and environmental regulatory and related issues. The department represents all types of clients, including investor-owned utilities, municipal utilities, conservancy districts, regional water and sewer districts, industrial customers, and real estate developers.

Our water and wastewater work includes: rates and charges service area authority territorial disputes mergers and acquisitions zoning environmental regulation and litigation financings condemnation receivership main extension agreements utility service agreements privatization lobbying local government law annexation Rate Cases In recent years, our department has litigated dozens of rate cases on behalf of water or wastewater utilities before the Indiana Utility Regulatory Commission. Recent notable cases include obtaining approval for the first time in Indiana of single-tariff pricing for the state's largest water and sewer utility which will allow the company to have common rates for all of its operations throughout the state. We also litigated a series of cases resulting in establishment of the standards which the Indiana Commission will apply to determine whether to permit favorable ratemaking treatment for acquisition adjustments, such as when the fair value of the acquired utility's property exceeds its original cost or when the public interest is served by the acquisition of a troubled water utility by a stronger one. In addition, we successfully defended a challenge of excess capacity and received a precedent-setting order defining the test for including capacity increases in a utility's rate base.

The department also obtained Indiana Commission preapproval for a wastewater utility's substantial capital improvements, a case which established the standard by which future requests for preapproval will be judged.

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Barnes & Thornburg LLP - Energy, Telecommunications and Utilities - Water and Wastewater - Law Firm - Atlanta, Chicago, Delaware, Indiana, Michigan, Minneapolis, Ohio and Washington, D.C. - Attorney


Barnes & Thornburg: Overview

With nearly 540 legal professionals throughout offices in Atlanta, Chicago, Delaware, Indiana, Michigan, Minneapolis, Ohio, and Washington, D.C., Barnes & Thornburg LLP is one of the largest law firms in the United States, offering clients virtually all the areas of concentration one would expect in a large, full-service law firm.