Stephen L. Teichler practices in the areas of energy law and litigation.
Mr. Teichler has represented major international energy companies in the full spectrum of their legal activities, ranging from appellate proceedings involving administrative rulemaking and adjudications to civil litigation in federal and state district courts. He is currently in the forefront of the restructuring of the electric service industry, representing Regional Transmission Organizations, Independent System Operators and major utilities.
Substantively, he has been actively engaged in the full panoply of issues surrounding transmission pricing and access. In both New England and the Midwest, he has been instrumental in the development of Locational Marginal Pricing for congestion management. He has crafted rules governing generation interconnections and has litigated their implementation. He is working to develop multi-settlement energy markets and Financial Transmission Rights. He has been very active in all aspects of market power monitoring and mitigation, including the negotiation of Reliability Must Run Agreements. Finally, he has defended the governance of a transmission organization in a civil enforcement action brought by the Federal Energy Regulatory Commission.
He has participated in more than 20 appellate court actions involving the activities of administrative agencies and has been counsel of record in several matters pending before the Supreme Court of the United States. Before state and federal district courts, he has tried cases involving breaches of contract, excuses to performance under claims of force majeure and commercial impracticability, and the construction of pricing clause and quantity provisions.
Admitted to practice in the District of Columbia and Virginia, he is a member of The District of Columbia Bar and the Virginia State Bar Association. He is a 1977 graduate of the University of Virginia School of Law and a graduate of the University of Virginia.
- Represented the Midcontinent Independent System Operator (MISO) in creating a new scheme of cost allocation for Multi Value Projects (MVP) which would be paid for by all customers that take power. Obtained a decision from the Seventh Circuit Court of Appeals reversing the Federal Energy Regulatory Commission (FERC) and holding that all customers, even those lying beyond MISO's borders, should be treated equally concerning cost allocation.
- Counsel to the Midwest Independent Transmission System Operator (MISO), the nation's first Regional Transmission Organization (RTO). The firm advises MISO on all matters before the Federal Energy Regulatory Commission (FERC), including transmission pricing and congestion management issues. The firm assisted in the establishment of MISO as the first FERC-approved RTO in December 2001.
- Counsel to NSTAR Electric & Gas Corporation (NSTAR) and its operating affiliates, Boston Edison Company, Cambridge Electric & Gas, and Commonwealth Electric Company in proceedings before the FERC and the federal court of appeals.
- Counsel to the City and County of San Francisco, a municipal entity purchasing power from one of the major California utilities. The firm advised the City in the proceedings at the FERC relating to the restructuring of the electric industry in California, securing an "inactive" zonal designation in the Western Area Power Exchange, thus saving citizens of San Francisco more than $10 million in annual congestion charges.
- Counsel to the five largest municipal customers of the Tennessee Valley Authority in the renegotiation of existing full-requirements contracts to permit limited opportunities for the acquisition of third-party power. The firm's successful representation enabled clients to purchase electric power supplies from an entity other than TVA, their previously exclusive supplier.
- Counsel to Rural Utility Service (RUS) in the restructuring of the power production and acquisition practices at Oglethrope Power.
- Counsel to a large industrial company in the development of options under a specifically negotiated electric service tariff affected by the Pennsylvania Consumer Choice Legislation. The firm's representation saved the company from costly renegotiation sought by the utility.
- Counsel to a family of electric utilities in the establishment of a private pooling point for integrated natural gas service for electric generation and third-party sales. The firm negotiated and drafted an Asset Management Agreement whereby the energy manager would assume operational control of all interstate gas supply assets of a large local distribution company and would make citygate deliveries sufficient to meet the load.
- Counsel to ExxonMobil in multifaceted proceedings before the FERC and the federal courts of appeal regarding the regulatory classification of natural gas transportation facilities on the Outer Continental Shelf.
- Counsel to shippers using refined petroleum pipeline transportation in the defeat of various efforts to obviate or increase regulated ceiling prices.
- Counsel to a local governmental entity in the Philadelphia area in the successfully negotiated transfer of all utility infrastructure facilities from the Navy at the Philadelphia Naval Base to the firm's client for the purpose of privatizing the military facility.
- Counsel to the California Independent System Operator ("CAISO") in the District Court litigation concerning a civil enforcement action brought by FERC seeking to dissolve the CAISO Board of Directors in favor of a board selected pursuant to procedures proposed by the FERC.
- District of Columbia
- Supreme Court of Virginia
- Supreme Court of the United States
- U.S. Court of Appeals for the Federal Circuit
- U.S. District Court for the District of Columbia
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Fifth Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Court of Appeals for the Federal Circuit
- University of Virginia School of Law, J.D., 1977
- University of Virginia, B.A. with Highest Honors (Economics), 1974
- Duane Morris LLP
- Chair, Energy and Resources Practice Group
- Partner, 1997-present
- Metzger, Hollis, Gordon & Alprin, Washington, D.C.
- Partner, 1995-1997
- Baker Botts, L.L.P., Washington, D.C.
- Partner, 1988-1995
- Associate, 1980-1988
- The District of Columbia Bar
- Virginia State Bar Association
- Energy Bar Association
Honors and Awards
- AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
- Co-Author, "Energy Disconnect," Public Utilities Fortnightly, August 2013
- Co-Author, "PUC Powers Expanded Under New Marcellus Shale Law," Marcellus Shale Law and Policy Update, February 29, 2012
- Co-Author, "Pennsylvania and West Virginia Move Tax-Break Bills to Lure Petrochemical Plant, Hundreds of Jobs," Marcellus Shale Law and Policy Update, February 29, 2012
- Co-Author, "Legislation Gives Landowners "Slight Edge" in Court When Mineral Rights Owner Is Unclear," Marcellus Shale Law and Policy Update, February 29, 2012
- Co-Author, "New York Plods Ahead in Permitting Shale Drilling," Marcellus Shale Law and Policy Update, February 29, 2012
- Co-Author, "HVDC Transmission: A Path to the Future?" The Electricity Journal, May 2010
- Co-Author, "Potential Implications of President Obama's "Cap and Trade" Program," Duane Morris Alert, March 18, 2009
- "The Mobile-Sierra Doctrine, Part Deux," Public Utilities Fortnightly, March 2007
- "Nuclear Power Is Coming Back to Life," Legal Times, Week of June 12, 2006, Vol. XXIX, No. 24
- "Long-Term Power Purchase Agreements in a Restructured Electricity Industry," Wake Forest Law Review, Volume 40, Number 2, Summer 2005
- "Electric Restructuring in the East: What Works, What Doesn't," American Bar Association, Section of Environment, Energy, and Resources, Conference on Environmental Law, St. Louis, Missouri, October 3-7, 2001
- "Meter Madness," Public Utilities Fortnightly, January 15, 1998
- "Generation, Deregulation and Market Power: Will Antitrust Laws Fill the Void," Public Utilities Fortnightly, October 15, 1996
- "Pro Forma Tariffs, Locational Marginal Cost Pricing and the Federal Power Act," Public Utilities Fortnightly, May 1, 1996
- "Collision Course or the Road to Peaceful Co-Existence: FERC and CPUC Set Divergent Tacks to Electric Restructuring," Public Utilities Fortnightly, December 1, 1995
- "Reinventing Health-Care Fraud and Abuse," Legal Times of Washington, May 1994
Selected Speaking Engagements
- Co-Speaker, "Nuclear Renaissance - Dynamics and Opportunities," Global Nuclear Fuel Reprocessing and Recycling Conference (GNR2), Seattle, June 2007
- "The Role of Transmission in the Battle of the Energy Titans," Energy in the New Administration, sponsored by Duane Morris and Public Affairs Management LLC, Washington, DC March 15, 2001.
- "What FERC's Recent Orders Mean," Utility Affiliates: Playing Fair? Learn How to Play by the Rules, sponsored by Financial Times Energy, Houston, Texas, January 27-28, 1999
- Co-Speaker, "Energy Procurement Strategies," Energy Outsourcing Conference, co-sponsored by Electric Utility Consultants, Inc. and Evantage, Washington, D.C., August 14, 1997
- Co-Speaker, "Integrating Regulatory, Economic and Operating Requirements," Developing and Implementing ISO Rates and Structures, International Business Communication Conference, Washington, D.C.,
June 19-20, 1997
- "Electric Utility Deregulation," Inside Washington: Business and Public Policy Focus on Energy and Environmental Policy, Brookings Institution, Washington, D.C., June 11, 1997