Public Utility Law

Potter Anderson & Corroon represents regulated public utilities and other business entities before the Public Service Commission of the State of Delaware and in related appeals and litigation in the Delaware courts.  One of our partners, Joshua W. Martin, III, is a former Chairman of the Commission and Superior Court Judge.  Mr. Martin served as President of Verizon Delaware Inc. immediately prior to joining Potter Anderson & Corroon.

Representative Matters

Our attorneys work on a variety of litigation and regulatory matters for Delmarva Power & Light Company and affiliates.  Before the Public Service Commission, we have worked on rate matters, service territories, restructuring the electric industry in Delaware and major regulatory litigation related to service interruptions, and problems with computer billing systems.  Litigation includes complex claims, commercial disputes with energy suppliers, and service area disputes with municipalities.  See, e.g., Great Am. Assur. Co. v. Fisher Controls Int'l, Inc., 2003 WL 21901094 (Del. Super. Ct.); Constellation New Energy, Inc. v. Public Serv. Comm'n, 825 A.2d 872 (Del. Super. Ct. 2003); Eastern Shore Nat. Gas Co. v. Delaware Pub. Serv. Comm’n, 637 A.2d 10 (Del. 1994); Delmarva Power & Light Co. v. City of Seaford, 575 A.2d 1089 (Del. 1990), cert. denied, 498 U.S. 855 (1990).

We have represented water utilities in discrete matters, including seeking Commission approval of a corporate acquisition of bond financings.  We successfully appealed a Commission rate decision that had imputed the corporate grandparent’s leveraged capital structure to the Delaware utility.  United Water Del., Inc. v. Public Serv. Comm'n, 723 A.2d 1172 (Del. 1999).

We currently represent the Reybold Group in Commission and court proceedings relating to the imposition of impact fees on builders of new homes.