ISIS Litigation and Regulatory Experience

Litigation

• Linklaters:  ISIS is (2009) serving as an advisor and expert witness in a €70 million restitution claim by an American consortium which privatized a portion of the East German brown coal industry in 1993.  The case involves the interpretation of clauses in the original privatization agreement with regard to brown coal reserve quality.

• Linklaters:  ISIS served as an advisor and expert witness in a DM 2.0 billion hardship claim brought by a German utility against an American-owned IPP project.  The case involved many aspects of utility liberalization in Germany as well as electricity pricing issues.  ISIS participated in all aspects of the 20-month arbitration including the final settlement negotiations.

• Santee Cooper:  Testimony on fuel buying in a lawsuit by an employee blowing the whistle on corruption in the fuel-buying department.  The suit was eventually dropped as a consequence of a Supreme Court decision in a related case. 

• Ziegler Coal vs. AEP:  ISIS was selected by Ziegler Coal to assist the law firm of Kirkland & Ellis in a coal supply contract dispute.  The major issue was pricing. It was settled by negotiation of the parties prior to the trial.

• Baker & McKenzie:  ISIS was retained by the law firm to assist in an international arbitration with Taiwan Power, on behalf of American clients.  ISIS was retained in two subsequent occasions in similar arbitration proceedings involving the same two parties.

• Ziegler Coal vs. Southern India Gas & Electric Co.:  ISIS was retained to assist Kirkland & Ellis in a contract dispute.  The case got no further then deposition before being settled through negotiation.

• Pretzel &Stouffer:  ISIS was retained by the law firm to assist an insurance company that was defending a $50 million claim by Santee Cooper in a fuel purchasing corruption case.  The case was settled after deposition but prior to trial.

• Davis, Polk & Wardwell:  ISIS was retained to defend a major securities firm against a $100 million claim under California securities laws.  It was alleged in the case that a security analyst had issued grossly inflated business estimates as part of an IPO.  The case ultimately lasted three years before being settled.

• Van Cott, Bagley, Cornwall & McCarthy:  ISIS presented testimony on behalf of a client of this Salt Lake City law firm in a coal royalty dispute.

• Baker & McKenzie:  ISIS was retained to assist the law firm in a contract dispute between a US coal supplier and a Spanish customer.

• Arco Coal vs. OG&E:  ISIS was retained by Arco Coal in a contract dispute with Oklahoma Gas & Electric.  While the engagement lasted well over a year the case did not ultimately go to trial.

• BP Coal vs. National Steel:  ISIS was retained by BP Coal in a contract dispute involving a long-term metallurgical coal contract.  The dispute was ultimately settled through negotiations after ISIS had prepared a number of reports and position papers.

• Van Cott, Bagley, Cornwall & McCarthy:  Litigation support in a contract dispute (hardship clause) between Valley Camp Coal Co. and Utah Power and Light.  The dispute was settled after depositions but prior to trial.

• Quintette Coal:  ISIS was retained by several Canadian law firms working on behalf of Nippon Steel and Nippon Kokan to assist in an international arbitration involving a price re-opener clause in a long-term metallurgical coal contract. 

• Kirkland & Ellis:  Retained for litigation support to provide assistance in a Florida case on behalf of PG&E.  This involved the interpretation of PPA commercial terms and conditions. The dispute was ultimately settled by negotiation.

• Pretzel & Stouffer:  Defending against a $500 million insurance claim by Metalgesellschaft as a consequence of a $2.3 billion loss due to the oil futures trading activities of the Benson Group in the New York office of MG.  ISIS prepared for litigation and then counseled the client in a negotiation to fend off a claim for an insurance payment.

Litigation Experience Prior to Establishing ISIS

• Wilmer, Cutler & Pickering:  This involved railroad litigation arising from the Penn Central Bankruptcy.  Eventually testimony was submitted by Dr. Raschke as an expert witness in this case.  The litigation lasted approximately two years before a special judicial panel.

• Texas Utilities vs. Santa Fe Railroad:  This was an anti-trust suit brought by Texas Utilities against the railroad.  This was the largest anti-trust case in the energy area up to that time (1985).  Dr. Raschke served as an expert witness on coal and utility issues on behalf of the Santa Fe Railroad.

Regulatory

• Cypress Energy Partners:  ISIS presented oral and written testimony on future levels of coal and natural gas prices to the Florida Public Service Commission.

• Florida Gas Transmission:  ISIS prepared a natural gas market study for filing with the Federal Energy Regulatory Commission preliminary to an expansion of the pipeline.

• Stewart McKelvey:  On behalf of a consortium of industrial interveners in the 2005 rate case of Nova Scotia Power before the Nova Scotia Utility & Review Board, ISIS submitted written and oral testimony on domestic and international coal contracts and prices, as well as related transport issues (bulk terminals, truck, rail, and ocean shipping).

• Stewart McKelvey:  On behalf of a consortium of industrial interveners in the 2006 rate case of Nova Scotia Power before the Nova Scotia Utility & Review Board, ISIS submitted written and oral testimony on domestic and international coal contracts and prices, related transport issues (bulk terminals, truck, rail, and ocean shipping), and natural gas prices.

• Stewart McKelvey:  On behalf of a consortium of industrial interveners in the 2007 rate case of Nova Scotia Power before the Nova Scotia Utility & Review Board, ISIS submitted written and oral testimony on domestic and international coal contracts and prices, related transport issues (bulk terminals, truck, rail, and ocean shipping), and natural gas prices, and heavy and light fuel oil prices.

• Stewart McKelvey:  On behalf of a consortium of industrial interveners in a rate base proceeding before the Nova Scotia Utility & Review Board, ISIS submitted written testimony on the inclusion of an ocean shipping coal terminal in Nova Scotia Power’s rate base.

• Stewart McKelvey:  In a Fuel Adjustment Mechanism proceeding before the Nova Scotia Utility & Review Board, ISIS served as an advisor to a consortium of industrial interveners.