CASE RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE.  CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE UNDERTAKEN BY GRIGGS & ADLER, P.C.

Petro Star, Inc. v. FERC, D.C. Cir. No. 06-1166 (March 6, 2008), petition for cert. denied sub nom., Exxon Mobil Corp. v. FERC, 129 S. Ct. 898 (2009).

The North Slope of Alaska accounts for approximately 25% of domestic oil production. All of this oil is transported to market over the Trans Alaska Pipeline System (TAPS), a common carrier pipeline. Oil from different fields is commingled in the pipeline, and a blended product is shipped to market. The TAPS Quality Bank makes economic adjustments among shippers to account for the different qualities of oil shipped on TAPS. Griggs & Adler, PC, has been involved in proceedings before the Federal Energy Regulatory Commission (FERC) and the Regulatory Commission of Alaska regarding the TAPS Quality Bank and TAPS transportation rates since the Firm was founded in 1992. In 2005 the FERC issued Opinion No. 481, a major opinion concluding years of contentious litigation over the Quality Bank methodology. Among the issues decided was the issue of retroactive adjustments to the methodology, which if implemented as urged by Exxon Mobil would have cost the Firm's clients, Union Oil Company of California and OXY USA Inc., some $18 million dollars combined. The FERC's decision limiting the retroactive applicability of Quality Bank adjustments, and sparing Union Oil Company and OXY some $18 million, was affirmed by the U.S. Court of Appeals in an unpublished decision issued on March 6, 2008. Exxon Mobil filed a petition for certiorari with the Supreme Court, claiming that the ruling on retroactive relief was based on a statute that violated the Constitution's separation of powers. Griggs & Adler, P.C. filed a brief in opposition arguing that the statute was consistent with the separation of powers doctrine developed in prior Supreme Court decisions. The Supreme Court denied Exxon Mobil's petition.

BP Pipelines (Alaska) Inc., Initial Decision, 120 FERC ¶ 63,018 (2007), affirmed, Opinion No. 500, 122 FERC ¶ 61,236 (2008)

In 2006, a new Quality Bank issue arose that had not been resolved in Opinion No. 481, and two weeks of hearings were held in Anchorage, Alaska in July of 2007. Griggs & Adler, PC represented Chevron U.S.A. Inc. and Union Oil Company of California (Chevron) in the hearings, and successfully opposed pricing proposals offered by adverse parties that would have cost Chevron millions of dollars. The Initial Decision issued on September 7, 2007, adopted a proposal that is favorable to Chevron. On March 20, 2008, the Commission issued Opinion No. 500, which affirmed the Initial Decision.

Golden Spread Electric Cooperative, Inc. v. Southwestern Public Service Co., Initial Decision, 115 FERC ¶ 63,043 (2006), affirmed, Opinion No. 501, 123 FERC ¶ 61,047(2008)

The Firm represented Cap Rock Energy Corporation in a multi-party case challenging the wholsale electric rates and terms of service of Southwestern Public Service Company. On April 21, 2008, the Commission issued its final opinion in the case, Opinion No. 501, which resolved a large number of cost-of-service issues and produced lower wholesale rates for the Firm's client. Opinion No. 501 reversed the Initial Decision on the demand allocation issue and adopted the 12 CP method for Southwestern Public Service Company, as had been urged by Cap Rock throughout the proceedings.  Cap Rock earned refunds of approximately $2.3 million in the case. 

Salon Nordine II, LLC v. Salon Elegance & Day Spa, Inc., No. 2007-1740 (Dec. 2007)

In January of 2007 the Firm filed a case in Fairfax County Circuit Court on behalf of a seller of a business, claiming breach of an asset purchase agreement and seeking damages of $100,000 plus costs and attorney's fees. On December 17, 2007, the first day of trial, judgment for $130,000 was entered in favor of the Firm's client.

Xcel Energy Services, Inc., 115 FERC ¶ 61,011 (2006)

Representing Cap Rock Energy Corporation, the Firm protested in 2004 a proposal by Xcel Energy Services, Inc. to employ formula rates for its wholesale electric transmission service to Cap Rock and other Xcel Energy customers. Following extensive discovery, the case was resolved by a multi-party settlement, which the Commission approved on April 5, 2006.