Reiter Co-Authors Energy Bar Association Article; Urges Utilities to Engage in Resilience Planning

06.05.2024

Stinson LLP Partner Harvey Reiter co-authored an Energy Law Journal law review article with Michigan State University Professor of Political Science Janice Beecher and Tabors Caramanis Rudkevich Senior Advisor Jeffrey Watkiss. The article, "Regulatory Imperative to Ensure Utility Climate Resilience Planning," highlights the obligation and authority of state public utility commissions to require utilities to engage in resilience planning in the midst of known climate risks.

The authors state that climate change is impacting our planet, leading to extreme weather events and rising sea levels. They emphasize the need for adaptive measures to protect critical public infrastructure while reducing carbon emissions, and they provide insight into the tools available for utilities engaged in climate resilience planning, the market forces pushing for such planning, and the authority and responsibility of state and local regulators to address this critical policy issue.

"As commissions are charged with ensuring the provision of safe, adequate, and reliable utility services at a reasonable cost, regulators can deploy long-standing prudence principles to mandate utility action and penalize utility inaction regarding known weather-related risks affecting service continuity," the authors write. "It is manifestly urgent for regulators to exercise their rulemaking authority and mandate enforceable climate resilience planning by public utilities to ensure the continuity of services vital to the public interest."

Reiter focuses his practice on competition in the electric and natural gas industries, representing clients in proceedings before FERC, the Federal Communications Commission and federal courts. He brings a wealth of knowledge to his legal counsel in litigation, appellate, transactional and other legal services, and offers regulatory and trial insights with a strong focus on antitrust and competition issues. Reiter is an adjunct professor of law at George Washington University Law School and editor-in-chief of the Energy Law Journal.

Read the full article.