REPRESENTATIVE EXPERIENCE
James’ recent representative experience includes:
- Serving as counsel for a privately owned electric transmission and distribution utility in Texas in proceedings to determine which parties would construct transmission lines valued at approximately $5 billion to permit wind energy developers in West Texas and the Panhandle to delivery power to major Texas cities.
- Serving as lead counsel to two landowners in a contested application for a certificate of convenience and necessity by the largest transmission and distribution utility in Texas, resulting in the Public Utility Commission of Texas approving the route recommended by the landowners for locating the proposed transmission line.
- Serving as counsel to a large energy user in support of an electric utility’s defense against a claim by a qualifying facility that the utility was obligated under state law implementing the Public Utility Regulatory Policies Act (PURPA) to contract to purchase capacity and energy from the facility.
- Serving as counsel to a large energy user in a contested application for a certificate of convenience and necessity by a new transmission and distribution company, successfully demonstrating to an Administrative Law Judge and the Public Utility Commission of Texas that the company failed to carry its burden of proof to be granted the certificate.
- Defending an oil field operator in a complaint proceeding before the Public Utility Commission of Texas regarding the correct interpretation of service area boundaries in West Texas.
- Advising clients, including electric utilities, retail electric providers, generators and power marketers, on state regulatory compliance issues.
- Representing clients, including electric utilities and large industrial energy users, in retail electric and gas rate proceedings before the Public Utility Commission of Texas, the New Mexico Public Regulation Commission, and the Railroad Commission of Texas.
- Assisting clients in the preparation of electricity sales agreements with customers and retail electric providers and in the negotiation of the terms of such agreements.
- Providing due diligence investigation, advice, and assistance in the negotiation of environmental and regulatory provisions of purchase and sale agreements of energy production assets.
- Representing various clients in state court to obtain judicial review of final orders of administrative agencies, including the Public Utility Commission of Texas, the Railroad Commission of Texas, Texas Workforce Commission, Texas Department of Transportation, and the Texas Comptroller of Public Accounts.
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Member, Member, Public Utility Law, Litigation, and Environmental & Natural Resources Law Sections, State Bar of Texas
- Member, Administrative and Civil Litigation Sections, Austin Bar Association
- Member, Administrative Law & Regulatory Practice, and Environment, Energy & Resources Section, American Bar Association
- Member, Energy Bar Association
- Member, Gulf Coast Power Association
- Austin/San Antonio Board Member, Texas General Counsel Forum
- Deacon, Bastrop Bible Church
- Coach, Bastrop Youth Soccer Organization
RECENT PUBLICATIONS
- Author, “Mold and the Construction Industry,” Austin Construction News (February 2002)