Representative Engagements

Among other cases, Mr. Mohler has:

  • Conducted due dilegence review relating to regulatory requirements for LNG export facilities.
  • Served as counsel for state agencies in matters before FERC, including litigation and appeals related to the California Energy Crisis of 2000-2001.  These cases have required extensive discovery and depositions and multi-month trials, followed by multiple briefs and appeals.
  • Served as attorney for traders involved in FERC enforcement investigations.  Mr. Mohler has submitted responses to Office of Enforcement notices and FERC show cause orders, managed discovery, defended depositions, engaged in settlement negotiations, and filed a petition for review at the D.C. Circuit Court of Appeals of a FERC assessment order.
  • Requested rehearing of a FERC hydro-electric preliminary permit order.
  • Submitted an appeal under the Freedom of Information Act following FERC denial of initial FOIA request.
  • Provided regulatory due diligence for prospective purchasers or lenders of natural gas and renewable (solar and wind) electric generation facilities, electric transmission facilities, and natural gas pipelines.
  • Served as trial counsel in a gas pipeline tariff proceeding before the Regulatory Commission of Alaska.
  • Prepared and filed briefs on behalf of Chugach Electric Association, Inc. in an appeal before the 9th Circuit Court of Appeals of DOE’s approval of an LNG export license.
  • Served as counsel for a medical products company defending against release of documents in a FOIA proceeding involving the U.S. Office of Foreign Asset Control.
  • Represented Pacific Gas and Electric Company on issues relating to the California energy crisis of 2000-2001, including submission of pleadings and Freedom of Information Act requests at FERC, and appeals to the D.C. and 9th Circuit Courts of Appeals.
  • Negotiated a settlement on behalf of PG&E of California Power Exchange Corporation administrative charges after successfully challenging FERC’s original cost allocation in the D.C. Circuit Court of Appeals.
  • Represented PECO Energy Company as trial counsel in a complaint proceeding at FERC that raised complex contractual issues involving payments for high voltage transmission lines.
  • Represented PG&E in a mediation involving the appropriate market-based pricing mechanism for Qualifying Facilities.
  • Represented Exelon Corp. in development of a consolidated Transmission Owners Agreement for use within PJM Interconnection, L.L.C.
  • Represented the New PJM Companies in litigation relating to through-and-out rates between the PJM and Midwest RTOs, and potential alternatives should the existing rates be found unjust and unreasonable. The New PJM Companies included Commonwealth Edison Company, Dayton Power and Light Company, American Electric Power Service Corporation, and Virginia Electric Power Company.
  • Represented Pacific Gas and Electric Company as trial counsel in a multi-week FERC hearing that litigated complex market power and affiliate issues involving a major interstate natural gas pipeline system.
  • Represented TransConnect, LLC, a consortium of electric utilities proposing to form an independent transmission company in the Western United States. On behalf of this group, prepared and filed a successful initial application at the FERC, and prepared and filed a preliminary rate filing with innovative and incentive rate elements.
  • Represented non-profit organizations, The Gambia River Watershed Society, Inc., and Everywhere and Now Public Housing Residents Organizing Nationally Together, Inc., in preparing and filing corporate documents and IRS filings for Section 501(c)(3) status.
  • Served as part of the trial team representing relators in a significant and complex False Claims Act (qui tam) proceeding involving complaints that HCA, Inc., or its predecessors, engaged in Medicare fraud over an extended period beginning in the late 1980s.
  • While with the FERC Trial Staff, Mr. Mohler tried or supervised teams of attorneys in numerous proceedings, including gas pipeline and utility rate cases, reliability must run and black start proceedings, and contract disputes.

“I believe people are well intentioned.  But I have great respect for the corrosive influence of bias, systematic distortions of thought,
the power of rationalization, the guises of self-interest, and the inevitability of unintended consequences.” 
~  Michael Crichton

 
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