Glen L. Ortman

In private practice since 1976, Glen has litigated numerous electric tariff, rate, merger and cost allocation dispute proceedings on behalf of municipal and cooperative systems, state attorneys general, and state regulatory commissions (including the Arkansas Public Service Commission, the New Hampshire Public Service Commission, and the Council of the City of New Orleans).

As to cost allocation matters pursuant to the Entergy System Agreement, since early 2008, Glen has litigated a number of proceedings involving the rough production cost equalization "bandwidth" filings ordered by FERC Opinion No. 480. He also served as counsel to the City Council in various litigated proceedings before the FERC and the D.C. Circuit Court of Appeals from 1983-2001, when he was with the Verner Liipfert firm prior to joining Stinson in August 2001. Those matters included virtually all significant disputes involving cost allocations under the 1982-vintage System Agreement, including Opinion Nos. 234, 234-A, 292 and 292-A (initially determining the justness and reasonableness of the System Agreement and the allocation of capacity from the then newly-constructed Grand Gulf nuclear unit under the Unit Power Sales Agreement, and rejecting a complaint for full production cost equalization among the Entergy operating companies). Over this seven year period, he also tried as lead counsel the following System Agreement-related litigations before FERC and the Courts: (1) the complaint brought by the Louisiana Public Service Commission (LPSC) for exclusion of interruptible load from the calculation of peak load responsibility under MSS-1 of the System Agreement before FERC and the D. C. Circuit, Louisiana Public Service Commission v. Entergy Services, Inc., 76 FERC ¶ 61,168 (1996), reh’g denied, 80 FERC ¶ 61,282 (1997), Louisiana Public Service Commission v. FERC, 184 F.2d 892 (D.C. Cir. 1999); (2) the System Energy Resources, Inc. (SERI) tax audit case, System Energy Resources, Inc., Docket FA86-19-000, 43 FERC ¶ 61,212 (1988); (3) the SERI formula rate complaint case, Opinion Nos. 446 and 446-A; (4) the LPSC-brought complaint for elimination of extended reserve shut-down generating units from determination of System Agreement rates and charges, Opinion Nos. 415 and 415-A; and (5) Entergy’s application for merger approval for its acquisition of Gulf States Utilities (GSU), including hold-harmless protection terms for adding GSU to the System Agreement, Opinion Nos. 385 and 385-A.

In the 1991-1993 time frame, Glen also served as lead counsel for the Attorney General of New Hampshire and New Hampshire Public Service Commission in litigation over the cost allocation terms associated with the merger application of Northeast Utilities (a public utility holding company) for approval to acquire Public Service Company of New Hampshire, in which FERC initially established its but for pricing policy for allocating the cost of new transmission investment, Opinion Nos. 364 and 364-A.

Since joining Stinson in mid-2001, Glen has litigated a number of complex, multi-party cases before FERC on behalf of the Sacramento Municipal Utility District in California (SMUD), Old Dominion Electric Cooperative in Virginia (ODEC), and the Municipal Electric Authority of Georgia (MEAG Power). Notable cases have included: the California refund proceeding dockets flowing from market dysfunction and associated "meltdown" in California over 2000-2001 (from 2002 to the present, for SMUD); several CAISO-related cost allocation/market design proceedings (from 2002 to the present, for SMUD); CAISO-related transmission seams disputes (2006 to the present); formation of and litigation over a Regional Transmission Organization in the Southeast (SeTrans) (in 2004-2005, for MEAG Power); cost allocation, rate formula and Mobile-Sierra contract disputes before FERC under wholesale requirements agreements; and cost allocation and market design disputes arising under the PJM Tariff and related agreements (2001 to the present, for ODEC).

Glen has also litigated as lead counsel for MEAG Power in the 1990s several Federal Power Act Section 205/206 proceedings before FERC regarding the sharing and allocation of: (1) costs of energy and capacity among the operating companies of the Southern Company system (Georgia Power Company, Alabama Power Company, Mississippi Power Company and Gulf Power Company) under their Inter-company Interchange Contract (from 1995-1997); and (2) in the period 2003-2006, transmission costs under the Integrated Transmission System Agreement in Georgia among MEAG Power, Georgia Power Company, Georgia Transmission Corporation, and the City of Dalton, Georgia.

In 2009, Glen has represented the City of Greenwood, South Carolina municipal electric utility system in power contract negotiations with Duke Entergy and related litigated proceedings before the North Carolina Utilities Commission (NCUC) and FERC involving the grant of native load priority treatment to Greenwood by the NCUC. He served as transactional and regulatory counsel to ODEC in its successful acquisition in 2008 of transmission system facilities located on the Delmarva peninsula. Glen also served as regulatory counsel to Texas-New Mexico Power Company (TNMP) regarding its sale to an investment partnership in 2002, and subsequent merger with Public Service Company of New Mexico in 2006.