Engleman Fallon, PLLC brings more that 50 years of Energy Regulatory and Litigation experience to address complex client needs in a cost-effective manner. Whether your needs are regulatory or litigation before the Federal Energy Regulatory Commission, state regulatory bodies, or a variety of adjudicative bodies, including appellate courts, founders Mike Engleman and Bob Fallon and have the experience to guide you to a successful outcome. Simply put, Bob and Mike deliver big firm experience and results with better service without the big firm rates and overhead.
Michael R. Engleman
For more than 20 years he has advised energy sector clients on all aspects of power project and electric transmission development throughout the United States. He protects client interests before Federal Energy Regulatory Commission (FERC), preparing client submissions and meeting with FERC commissioners and key staff on rulemaking for transmission cost allocation and planning, transmission incentive rates, market rules and RTO and ISO governances, among other matters. At the state level, Mike has appeared formally on behalf of clients before more than a dozen state regulatory commissions. In addition, Mike has managed the legal aspects of project development, from certificates of public convenience and necessity to air permits, from EPC contracts to post-construction warranty disputes. Mike has also provided regulatory diligence review for transactions involving electricity assets and made regulatory filings for approval of such transactions.
Mike has represented clients for more than 30 years involved in state, federal and international complex civil litigation matters, often involving laws that regulate the energy sector. He represents regulated utilities, independent developers, banks and private equity funds in regulatory and adversarial proceedings in federal and state courts, before federal and state administrative bodies, and international arbitration forums. As lead counsel, Mike has represented clients in national and international energy-related litigation, in a variety of forums, in matters including shareholder disputes, qualified facility contract disputes, coal supply contract disputes, power purchase agreement disputes, warranty and performance disputes, tariff disputes, siting matters, utility easement issues, tax disputes and insurance coverage disputes. In his last three matters alone Mike has secured more than $125 million in favorable rulings or settlements.
Mike also spent five years as in-house litigation counsel for a regulated utility with an independent development arm.
Veteran attorney Bob Fallon helps clients navigate the complexities of the Federal Energy Regulatory Commission (FERC). Having dedicated 35 years to mastering the intricacies of FERC (including 12 years as an agency lawyer), Bob is uniquely prepared to develop strategies that provide the greatest client value consistent with established objectives. As one client commented after a successful (and timely) outcome in a case, “[y]our FERC strategy and execution was very impressive.”
His clients rely on him to translate arcane FERC jargon into language understandable to agency decision makers and to pave the way to a successful relationship with FERC Staff. Bob’s old school pride in providing exemplary client service has earned him these comments from corporate general counsel: “his client service is impeccable” and from another, “as always you go above and beyond and are one of the most responsive lawyers we have.”
- Those who seek out Fallon’s expertise include:
- –Market participants including trade associations, in designing wholesale natural gas and power markets
- –Entities entering into transactions in wholesale power, natural gas and hydroelectric markets
- –Shippers transporting natural gas and refined petroleum products by pipeline
- –Market participants in investigating and responding to a FERC enforcement action and in complying with FERC rules.
More specific to FERC rules, Bob regularly advises, trains and represents clients attempting to comply with FERC rules including FERC and the Commodity Futures Trading Commission (CFTC) rules on market manipulation. As one client has said, Bob “brings a passion” to normally dry compliance work – a passion required to connect with energy traders on these issues. A regulator of commodities markets have referred to Bob’s compliance deck on CFTC market manipulation as “better than any top-ranking New York law firm desk we’ve seen.”
Since 1978, Tim Shuba has represented public power entities and large commercial and
industrial retail customers in a wide variety of electric regulatory and transactional matters, particularly
in the western United States. Tim’s clients have included individual municipal utilities and associations
of municipal utilities, cooperatives, public power districts, mines, hotel/resort/casinos and large
industrial consumers. He has assisted his clients in obtaining wholesale transmission interconnections
and service, market-based tariffs, power supply and sales, rate stability and retail access to non-utility
providers; he is also an experienced practitioner in rulemaking proceedings and enforcement actions.
Tim practices regularly before the Federal Energy Regulatory Commission, various state utility
commissions, and state and federal courts.
Draft merger conditions associated with the Utah Power & Light/PacifiCorp merger, the precursor to the FERC OATT
Represent transmission dependent utilities in various efforts to create Regional Transmission
Organizations in the western United States
Represent industrial-related EWG with market-based rates in FERC enforcement action
- Drafting TSAs for network service pre-dating OAAT
- Defending TSAs from attempts to nullify or replace TSAs
- Drafting and testifying on retail access statute
- Lead counsel on assisting large users to purchase energy on retail market
Negotiated buy-sell contract between industrial generator and load-serving entity
- Obtaining market-based rate authority
- Numerous rate cases and IRPs at FERC and state PUCs (break out retail and
FERC transmission and wholesale power supply)
- Lead and assistant counsel in merger and other Section 203 proceedings at FERC
- Draft comments and reply comments in numerous FERC rulemaking proceedings
Christina Switzer has extensive and varied experience practicing administrative law at the state and federal level. Christina started her career as an attorney at the Federal Energy Regulatory Commission (FERC) analyzing whether a transaction submitted under section 203 of the Federal Power Act was consistent with the public interest – the effect of the transaction on competition, rates and regulation. She participated in drafting several rulemakings, including updating electric quarterly reporting requirements required of all FERC market-based rate holders. Building on her rulemaking experience, she assisted in drafting Order No. 1000, the Commission’s landmark rule on regional and interregional transmission planning and cost allocation. In particular, Christina focused on the competitive solicitation process and interregional coordination requirements. She worked with an interdisciplinary team leading the Order No. 1000 compliance effort to ensure its requirements were implemented consistently across all twelve regions. Through that work, Christina learned the intricacies of transmission planning processes and cost allocation rules across the various transmission planning regions.
After leaving FERC, Christina represented the public interest in litigated electric and water rate cases and applications for certificates of convenience and necessity (CCN) as an attorney with the Public Utility Commission of Texas (Texas PUC). Most of her work there focused on cost-of-service ratemaking for utilities located outside of ERCOT. She also litigated a CCN application proposing a DC tie line that would connect ERCOT to Louisiana. On behalf of PUC Staff, Christina fought for, and won, conditions to ensure that ERCOT could maintain reliable service and that Texas customers would not bear any costs associated with a new merchant transmission line.
• Draft several complaints brought before FERC
• Manage complex discovery in a FERC proceeding
• Draft comments in FERC rulemaking proceedings
• Participate in preparing filings in compliance with FERC rulemakings
• District of Columbia
• Texas Bar Association
• Energy Bar Association
• Vermont Law School, Doctor of Law (J.D.), cum laude, 2005 – 2008
• Austin College. Bachelor of Arts (B.A.), History, cum laude, 2000-2004