Davison W. Grant
Special Project Counsel
Patricia Moran
512.472.7800 x3624
Davison W. Grant has an extensive background in electric utility regulation, and transactional, financing and environmental matters. For more than 30 years, Mr. Grant has represented public utilities and public power entities in all aspects of electric power supply, including rate matters, securities issuances and financings, mergers, bankruptcies, fuel-related proceedings, power plant and high-voltage transmission line siting, and industry restructuring and policy. He has assisted independent power generators in transactional and regulatory matters; represented major utility clients and independent power generators in all aspects of environmental law, including air, water, solid and hazardous waste; and represented telecommunications providers in various regulatory and transactional matters.
For the past 18 years, Mr. Grant has represented and assisted investor-owned electric utilities, public power entities and independent power generators in Texas in regulatory, transactional, appellate and environmental matters, including cases before the Public Utility Commission of Texas (PUCT), the Texas Commission on Environmental Quality (TCEQ) and the Texas appellate courts. Mr. Grant has been involved with all of the major rate, stranded cost recovery, industry restructuring, utility merger, regulatory accounting, and transmission facility siting issues considered by the PUCT and the Texas appellate courts.
Prior to moving to Texas, Mr. Grant practiced in New York City for 18 years, handling corporate, public utility, securities and environmental matters. There, in addition to an active electric and gas utility state regulatory practice, he represented issuers and corporate trustees in public issuances of securities and leveraged power plant sale-leasebacks, and represented utility clients in natural gas pipeline siting cases, in regulatory matters before the Federal Energy Regulatory Commission (FERC), and in energy-project construction litigation.
Mr. Grant has represented clients in a broad range of environmental matters, including those arising under the Federal Clean Air Act, the Federal Clean Water Act, CERCLA (Superfund), and related state statutes. In addition, he bore primary responsibility for the U.S. Supreme Court case, Central Hudson Gas & Electric Corp. v. Public Service Commission of the State of New York, which established the benchmarks for regulation of commercial free speech. Mr. Grant also represented major publicly held companies in antitrust, environmental, products liability and consumer credit litigation.
Representative Matters
Representation of major electric utilities in multiple rate increase proceedings involving hundreds of millions of dollars.
Representation of major electric utilities in multiple fuel cost recovery proceedings involving billions of dollars of fuel and purchased power costs.
Representation of a major electric utility in the first stranded-cost securitization (asset-backed security) financing approved by the PUCT under Senate Bill 7, the 1999 Texas electric industry restructuring act, involving the securitization of more than $800 million in regulatory assets.
Representation of major electric utilities in complex rulemaking proceedings at the PUCT to implement electric utility restructuring and retail competition under Senate Bill 7.
Representation of a multi-state electric utility holding company in regulatory proceedings in Texas, New Mexico and the FERC involving mergers and acquisitions of major electric utility companies.
Representation of major electric utilities in appellate cases involving the implementation of the restructured electric utility industry in Texas, and ratemaking and complex accounting issues in the traditional regulated environment.
Advice to the purchaser regarding the Texas regulatory and environmental aspects of the then-largest divestiture (2442 MW) of electric generating capacity to date by an electric utility under Senate Bill 7, and assistance with the preparation and negotiation of documents related to those aspects of the transaction.
Negotiation of Agreed Orders with TCEQ that allowed the benefits of an electric generating system-wide plan for meeting NOx emission limitations to be preserved in connection with a new entrant's acquisition of electric generating facilities in the Dallas/Fort Worth ozone non-attainment area.
Participation on behalf of a major electric utility in proceedings at the PUCT concerning readiness to participate in retail customer choice.
Representation of major electric utilities in proceedings at the PUCT to obtain certificates for construction of new high voltage electric transmission lines.
Representation of both investor-owned and publicly owned electric utilities in matters related to certificates of convenience and necessity and the rights to serve retail customers.
Advice and assistance to purchasers of electric power under purchase and sale arrangements involving hundreds of millions of dollars, including transactions using the EEI Master Power Purchase and Sale Agreement.
Avice to and representation of major electric utilities in proceedings at the PUCT to separate business functions, and determine service charges for the unbundled transmission and distribution functions under the 1999 Texas electric utility restructuring act.
Representation of public power entities in PUCT proceedings and related judicial proceedings involving the setting of charges for transmission services in connection with the establishment of the competitive wholesale electric market in the Electric Reliability Council of Texas (ERCOT).
City of Corpus Christi v. Public Utility Commission, 51 S.W.3d 231; Tex. 2001.
West Texas Utilities Co. v. Office of Public Utility Counsel, 896 S.W.2d 261; Tex. App. - Austin 1995, no writ.
Office of Public Utility Counsel v. Public Utility Commission, 888 S.W.2d 804; Tex. 1994.
State v. Public Utility Commission, 883 S.W.2d 190; Tex. 1994.
Office of Public Utility Counsel v. Public Utility Commission, 843 S.W.2d 718; Tex. App. - Austin 1992, no writ.
Publications and Speeches
Utility rate, environmental and administrative law issues presented at various professional seminars.
Education
J.D., Harvard University, 1969
B.A., Cornell University, 1966
Bar Admissions
New York
Texas
Court Admissions
U.S. Supreme Court
U.S. District Court for the Southern and Eastern Districts of New York
Affiliations
Austin Bar Association, Administrative Law SectionState Bar of Texas, Public Utility and Administrative Law Sections