Energy & Utility

Energy companies handle power. When that power escapes in an uncontrolled fashion, the results can be catastrophic – gas explosions, electrocutions, and fires. Anticipating, managing, and responding to the potential consequences of these risks requires familiarity with a specialized vocabulary and equipment. The lawyers in our Energy and Utility Group have that experience and training.

We regularly provide our energy industry clients with extensive risk management services and, when required, comprehensive loss investigation and assessments. When litigation results, we incorporate our first-hand knowledge of the particular industry's technology, processes, products, and personnel into our defense work.  Our lawyers spend time inside power plants, behind the wheels of gas transports and bobtails, and on the scenes of fires and explosions. They understand how steam turbines work, why belly valves are used on propane trucks, and what odorant is used in natural gas. They also know disaster scene investigations - what to preserve, who to call, when to coordinate with governmental agencies, how to manage the demands of the press.

The benefits of this experience are made instantly available to you as the work proceeds. Through the firm's proprietary software, clients receive witness statements, scene photographs and videos, expert reports, and other significant investigation and litigation developments without the delay of paper reproduction and delivery; you get the information you need, and you get it immediately. catastrophic losses demand a coordinated defense, and our Energy and Utility Group uses its knowledge and unique resources to deliver that service.

Typical investigation, counseling, and litigation services provided to our energy industry clients include:

  • A "rapid response unit" to preserve and examine accident scenes, including lawyers, technical experts, and photographers/videographers.
  • Interpretation of energy codes, including the National Electric Code, the National Fuel Gas Code, NFPA codes, and state and local building, energy, and fire codes.
  • Commercial litigation concerning supply and generation agreements, through-put agreements, buy-outs and business acquisitions, and operating indemnities.

Representative cases handled by our Energy and Utility Group:

  • A gas utility was criminally charged following a carbon monoxide poisoning death, nor non-code-compliant venting of a gas appliance.
  • The manipulation of natural gas prices during the height of California's energy crises became a key issue in an arbitration examining issues over the construction of new technology power plants.
  • The successor owner of a manufactured gas plant was charged with potential owner/operator liability under CERCLA.

"The attorneys at Nelson, Kinder I've worked with not only litigate effectively, they also bring an engineering background to the table. This extra experience is invaluable in the complex worlds of gas and energy litigation."  

-In-house Counsel for a National Gas Distribution Company

For more information, click on one of the links below:

Energy & Utility (PDF)


Energy & Utility Resources

[7/25/2008] Energy Executives and the Risk of Criminal Liability
[7/25/2008] Your risk of criminal liability
[9/10/2007] After an Accident Happens
[3/24/2005] Maximize Your Defense Dollar in Gas Litigation
[3/24/2005] Fire Experts After Daubert